Amnesty for Zimbabwean immigrants

Despite the efforts of the South African Department of Home Affairs (DHA), the South African Police Service (SAPS), and other authorities and companies in South Africa, it is apparent that many immigrants from Zimbabwe are in possession of and are using fraudulent South African documents, whether these are passports, permits, or ID books.

Now, I do not want to comment on how these documents are obtained. There are probably various channels. What is more important, however, is that as part of the Zimbabwean documentation programme, the DHA was willing to grant amnesty to immigrants in possession of fraudulent documents. All that was required of the holders of such documents was to hand them in. No explanation as to the source of the documents was required. The immigrant submitting the document could then apply for a legal, authentic permit.

It sounds reasonable enough. However, by the deadline for permit applications in the programme, only about 6000 amnesty applications had been received. This means that there are probably many more fraudulent documents out there, but their holders did not approach the DHA. There may be two possible reasons for this.

Firstly, some people may have decided to apply for a legal permit without handing over their false documents. That way, if their official permit application is declined, they can continue using their fake papers, which is what they have been doing until now. Keep in mind that they may have paid a large amount of money for the fake documents on the black market. They may have had to bribe a government official, or pay thousands of rands to a “middleman” or a criminal syndicate. They may not want to run the risk of exposing the syndicate.

The second possible reason is that some immigrants may have become established in South Africa on a formal basis using their fraudulent documents. They may have bank accounts, companies, and employment. They may even have educational certificates, such as diplomas and degrees. How are they going to explain to South African authorities and banks, and to their employers and colleagues, that they actually have other names, or a different date of birth? Will the South African government protect them against prosecution if they do so? What will happen to them?

I feel that questions such as these have not been satisfactorily answered. As long as there is a risk of prosecution or deportation, it is likely that many immigrants with fraudulent documents are not going to come forward and declare this. They will probably continue to use their fake papers, until such time as the South African government gives them a proper incentive to legalise their presence in South Africa, including comprehensive protection against any form of prosecution based on the fraudulent documents. Until that happens, it is hardly surprising that only 6000 amnest applications were received. It seems that many people using false papers have refused to come forward.

Would you?