Thesis (LLM)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: The rights entrenched in the Bill of Rights in South Africa’s final Constitution are, with a few exceptions, guaranteed to citizens and non-citizens alike. South Africa has seen an influx of migrants, asylum seekers and refugees since 1994, and this migratory movement has posed significant challenges to the post-apartheid legal order. This thesis is concerned with the State’s implementation of its constitutional obligations to protect and guarantee the constitutional rights of everyone within the borders of South Africa. It is important that these constitutional obligations do not remain mere aspirations but should translate into reality. Most non-citizens living in South Africa face numerous barriers to accessing justice and the processes that could enable them to realise their rights. The thesis examines the concept of “access to justice” and investigates a number of obstacles encountered by different categories of non-citizens – such as refugees, asylum seekers and documented and undocumented migrants – in trying to access justice and to realise their rights. Against this background, arrest, detention and deportation under the Immigration Act and Refugees Act are examined because these processes have often been abused by State officials to prevent non-citizens from accessing the rights and protections guaranteed in these Acts and the Constitution, and to frustrate the implementation of court orders vindicating the rights of non-citizens. The application of the Immigration and Refugees Acts is discussed through the lens of sections 12(1), 33, 34 and 35(2) of the Constitution which ensure that arrest, detention and deportation are done in a lawful and procedurally fair manner, as opposed to the arbitrariness that most non-citizens experience on a daily basis. Secondly, the thesis also examines access to justice for non-citizens in the context of xenophobia and bias based crimes. The State has in the past failed to respond in a coordinated and timely fashion in the face of violent manifestations of xenophobia. Against this background, the State’s obligation to protect non-citizens from violence from either public or private sources in terms of section 12(1)(c) of the Constitution is discussed and analysed. The role, accessibility and effectiveness of Equality Courts are also examined in light of the Promotion of Equality and Prevention of Unfair Discrimination Act and the cases that were brought before them emanating from xenophobic incidents. The thesis concludes with proposals on areas which require better implementation of existing laws; and areas in which legislative reform is needed. / AFRIKAANSE OPSOMMING: Die regte wat in die Handves van Regte in Suid-Afrika se finale Grondwet veranker is, word op enkele uitsonderings na vir burgers en nie-burgers gewaarborg. Sedert 1994 het Suid- Afrika instroming van migrante, asielsoekers en vlugtelinge beleef, en hierdie verskuiwing het wesenlike uitdagings aan die post-apartheid regsorde gestel. Hierdie tesis is gemoeid met die Staat se implementering van sy grondwetlike verpligting om die grondwetlike regte van almal wat hul binne Suid-Afrika se landsgrense bevind, te beskerm en te waarborg. Dit is belangrik dat hierdie grondwetlike verpligtinge nie blote aspirasies bly nie, maar ’n werklikheid word. Die meeste nie-burgers wat in Suid-Afrika woon staar talle hindernisse in die gesig wat dit vir hulle moeilik maak om toegang tot geregtigheid te verkry en om hul regte te verwesenlik. Die tesis ondersoek die begrip “toegang tot geregtigheid” en bekyk aantal struikelblokke in die weg van verskillende kategorieë nie-burgers – soos vlugtelinge, asielsoekers en gedokumenteerde en nie-gedokumenteerde migrante – wat toegang tot geregtigheid probeer verkry en hul regte probeer verwesenlik. Teen hierdie agtergrond word arrestasie, aanhouding en deportering ingevolge die Wet op Immigrasie en die Wet op Vlugtelinge ondersoek, aangesien hierdie prosesse dikwels deur staatsamptenare misbruik word om nie-burgers te verhinder om toegang te verkry tot die regte en beskermings wat in hierdie wetgewing en in die Grondwet gewaarborg word, en om geregtelike bevele wat die regte van nie-burgers afdwing, te verydel. Die toepassing van die Wet op Immigrasie en die Wet op Vlugtelinge word deur die lens van artikels 12(1), 33, 34 en 35(2) van die Grondwet bespreek, wat probeer verseker dat arrestasie, aanhouding en deportering op regmatige en prosedureel billike manier geskied, in teenstelling met die willekeur wat nie-burgers op daaglikse basis ervaar. Tweedens ondersoek die tesis toegang tot geregtigheid vir nie-burgers in die konteks van vreemdelingehaat en misdade wat op vooroordeel gebaseer is. Die Staat het in die verlede in gebreke gebly om in die aangesig van gewelddadige manifesterings van vreemdelingehaat op gekoördineerde en tydige manier te reageer. Die Staat se verpligting om ingevolge artikel 12(1)(c) van die Grondwet nie-burgers teen geweld van hetsy openbare hetsy private oorsprong te beskerm, word bespreek en ontleed. Die rol, toeganklikheid en doeltreffendheid van gelykheidshowe word ook bespreek in die lig van die Promotion of Equality and Prevention of Unfair Discrimination Act en die sake wat deur hierdie howe beslis is wat uit xenofobiese voorvalle voortspruit. Die tesis sluit af met voorstelle oor terreine waar beter implementering van bestaande wetgewing benodig word, asook terreine waar wetgewende hervorming verlang word.

An evaluation of the spiritual experience of South African expatriates living in or migrating to other African countries, as a process of practical theology, established that expatriates do not isolate themselves from their churches in South Africa (SA). SA churches only make provision for traditional missionary outreaches and do not make provision for the SA expatriates, black or white, living in these African metropolitan areas. The subjects studied included SA expatriates, the relationships between SA churches, local African churches and expatriates, the act of migration, repatriation and its challenges together with the spiritual and social impact on individuals, marriages and families. A topical view implicates a direct relationship between fieldworkers, missionaries and chaplains deployment into African countries from SA. Furthermore, from research it is implied that the church in SA remains the spiritual home and resource centre of the migrant. The practical theological call for a realignment of mission praxis is vital and is linked to Christ’s parable of the ninety nine sheep, whilst one is lost (Matthew 18:12-14; Luke 15:4-7). This analogy produces the direct requirement of the Church to reconstruct missions to encompass combined support for their congregants in SA, the ninety nine, and those expatriates living in other African countries, the one. The missions to Africa should no longer be missions that only seek to convert African tribes to Christianity, but rather to serve Africans and others immigrating to countries on the continent. Church resources for SA expatriates would be made available when a visionary change occurs at the planning stages of strategies for African missions. Proposed mission strategies should include cell church, care group and discipleship models geared for missions and the African expatriate terrain. A realistic strategy that harmonises resources within the church to serve those abroad shall ensure positive impact on the spirituality, family and marriage of the expatriate. Finally two challenges are laid before the SA church, one, to continue with missions in Africa according to the Great Commission of Jesus Christ, Matthew 28:19-20, with the second, to combine the expatriate discipleship models into its mission strategies. / Philosophy, Practical and Systematic Theology / D. Th. (Practical Theology)

Before the 1990's, African migrants did not perceive South Africa as an ideal migration destination. This changed after the end of the apartheid era. The new political climate in the country and the new migration movements linked to increased globalisation changed the situation significantly. South Africa became an attractive migration destination, particularly also for professional African migrants. In this dissertation a select group of black professional/skilled migrants from non-SADC countries, who are resident in Cape Town, are studied. It is shown that such transients defy any migration typology within the South African context. Their position in the world of economic migrants is not automatically one of cosmopolitanism, privilege and glamour. Their decision to migrate is also not necessarily voluntary. The explication and analysis of the context and circumstances of the migrants are conducted with specific reference to: - professional mobility vis a vis identity, culture and community - human mobility and globalisation - the demographics and legalities of immigration to South Africa - origin, identity and the construct of `home' - the `host' nation and perceptions, stereotypes and xenophobia - personal networks and adaptation - the notion of space becoming place. What is thus demonstrated and interrogated is that `belonging' in this world is a process of change and fluctuation. `Crossing borders' will mean different things to different people - especially also for skilled/professional migrants. Issues such as class, gender, race, citizenship, ethnicity and sexuality, play a role in how `belonging' is defined and how people assign meaning to movements across borders. / Anthropology and Archaeology / (MA (Anthropology))

Blaming those who are different from us because of skin colour, nationality and language when things do not go right during the process of reconstruction is common among those who are faced with such a task. This assertion is confirmed by our examination and evaluation of xenophobia in post-apartheid South Africa and post-exilic Israel. In South Africa socio-economic and political reasons are cited for the rejection of African immigrants by some South Africans. The Jews in the post exilic period understood their religious, social and economic problems to be caused by others. What is more disturbing is that the Jews understood their xenophobia to be demanded or legitimised by God. These reasons for them necessitated hatred, isolation, stigmatisation and sometimes negative actions against foreigners. When we compare xenophobia in both post-apartheid South Africa and post-exilic Israel in this study, we find that factors such as identity, notion of superiority, negative perception of those who are different and use of power, play a major role in the exacerbation of xenophobia. In evaluating both situations, using the African principle of Ubuntu and Christian moral values, we are able to demonstrate that xenophobia as found in both situations is morally wrong since it is inhuman, selfish, racist/ethnocentric, discriminatory and often violent. Ubuntu and Christian values and principles such as human dignity, human rights, reciprocity, love, compassion, forgiveness, hospitality and community were sacrificed by South Africans and Jews in their dealings with foreigners in their respective situations. It is argued here that among other things in the case of South Africa, the reduction of inflammatory statements by government representatives and the media, education of the unemployed, the youth and workers; and the meeting of spiritual, material, humanitarian and moral needs by the Church, will help sensitise South Africans to the plight of African immigrants and migrants and will further deepen the ubuntu and Christian values. / Religious Studies and Arabic / D.Th.(Theological Ethics)

Over the past 30 years South Africa has lost valuable human capital due to high volumes of emigration. South Africa has also seen numerous changes in its political, economic and social structure specifically in these decades, but little investigation has been done into the possibility of an association between political, economic and social, as well as personal factors, and the decision to leave South Africa. This study refers to Lee’s Migration Model (1966) that was used as a broad theory for migration. The model involves four sets of factors: factors associated with the area of origin, factors associated with the area of destination, intervening obstacles and personal factors. Maslow’s Hierarchy of Needs Theory also explains the personal motivational theory for migration. Lee’s Model of Migration is used to investigate which political, economic, social and personal factors in the area of origin (South Africa) pushed South African emigrants to leave the country. It also investigates which political, economic, social and personal factors in the area of destination (Australia and New Zealand) pulled South African emigrants toward these countries. This study involved mixed-methods research (Creswell, 2009), thus the data collection methods were both qualitative and quantitative. The study followed a sequential exploratory strategy in two stages with the qualitative data collection occurring first, followed by a quantitative study – ‘QUALquan’ study. The data are mixed between analysis of the qualitative data and the quantitative data collection (Creswell, 2009:211). The qualitative data collection instruments used in the first stage of the study in 2009, were face-to-face interviews consisting of one focus group and six personal interviews in New Zealand, as well as twelve personal interviews in Australia. In the second stage of the study in 2015, namely the quantitative research, respondents were selected by contacting 17 closed (secured) Facebook groups that were formed for South Africans living either in Australia or New Zealand. There is no alternative sampling frame available since emigrants do not need to declare themselves as migrants on a work visa, furthermore, official documentation is not accessible to the public. A quantitative data collection instrument was administered with an online questionnaire. In the Australian Facebook groups, 137 respondents completed the questionnaire, and in New Zealand Facebook groups, 118 respondents, which adds up to a total of 255 respondents who completed the questionnaire. The results concluded that South Africa’s governance framework, its infrastructure and legislation acted as political push factors motivating South Africans to emigrate, while an uncertain economy contributed as an economic push factor. Socially, a perception of a limited future and a narcissistic society is what pushed South Africans to emigrate. Personal push factors that drove the emigration decision included, unmet physical, safety, belonging and esteem needs. The political factors that pulled South African emigrants to Australia and New Zealand involved effective government services and governmental aid. Economic pull factors included economic certainty and a lower cost of living. Social pull factors proved to be familiar circumstances and a better future. Personal pull factors were safety, belonging and self-actualisation needs. This mixed-method approach focussed on the gap to a followup study that was identified in previous individual qualitative and quantitative studies. These results may assist the South African government to take measures that ensures the retention of highly skilled citizens. / Business Management / M. Com. (Business Management)

In the past decade Zimbabwe has experienced serious economic and political challenges, forcing many to flee in search of better employment opportunities and lifestyles. This research, conducted in Tshwane Gauteng, aimed to gain an in-depth understanding of Zimbabwean economic migrants’ experiences and challenges in relocating and adjusting in South Africa. Employing a qualitative approach, semi-structured face-to-face interviews were conducted to collect data which were analysed using Tesch’s framework (in Creswell, 2009:186). The ethical considerations of informed consent, anonymity and confidentiality, debriefing, guidelines for dealing with research data and record management, and honesty with professional colleagues were applied in the research. The research confirms that most Zimbabweans relocated to South Africa for economic reasons and their social and family situations were affected. Challenges were experienced with government officials, in terms of employment, accommodation, education, health services, travelling and with banking institutions. Language barriers and differences in cultural beliefs and values impacted negatively on participants’ socialisation and adjustment. The research shows an alarming lack of social work visibility. The researcher recommends that social work should accept that economic migrants are part of their clientele / Social Work / M.S.W. (Social Work)