Zimbabwean migrant parents and changing immigration law in South Africa : Understanding Migrant Parents and their Responses to South Africa's Immigration Policy Amendments on the Cross-Border Movement of Children and Impact on Migrant Parents

Abstract

This paper explores the implications of South Africa‘s amended regulations to the cross-border movement of children on migrant parents working in South Africa and their children who remain in neighboring countries. The new regulations require minors, or persons below the age of 18 years, to present, in addition to a valid passport, an unabridged birth certificate, an affidavit from parents, and, if applicable, a court order, at the immigration port of entry in order to enter or exit South Africa. While the policy was a response to incidents of child trafficking and was meant to protect children, for a migrant-receiving country like South Africa where the majority of migrants are of unclear legal status, including asylum seekers who left children back home, the policy provides a major barrier to a children-parent reunion. The study adopted a quantitative approach, using a case study of migrant parents from Zimbabwe in the Gauteng Province. It investigated the situation of these migrant parents in South Africa, their relationship with their home country, the implications of the policy amendments, and their responses to the policy. The study recognises the changing nature of Zimbabwean migration – from circular to semi-permanent and permanent migration – and found that, while the migrant parents have connections with their rural home, they do not intend to return home. They also face constraints in their cross-border mobility either because of their legal status or their job situation. These constraints also mean that it is difficult for these parents to satisfy the requirements in terms of the documentation for their children to cross the border. In order to contact their children, these parents rely on the children moving into South Africa during school holidays. The new policy, however, makes it difficult for their children to move into and out of South Africa legally. The parents fell back on past relationships with ―omalayisha‖, or cross-border transporters, and developed new ones with bus crews to ensure continued contact with children. They act as agents to smuggle children into and out of South Africa at parents‘ requests. In the context of South Africa‘s porous borders and corruption at border posts, children enter and exit South Africa at a price. Despite the costs involved, there are also risks to the children as some of these agents use undesignated entry points, including crossing the dangerous Limpopo River. The study concludes that the new policy amendments ignored the realities of migration in South Africa, which should be understood from South Africa‘s attitude on migration. The policy changes provided a layer of challenges for negotiating the border by migrant parents, which forced parents to find alternative ways of negotiating the border. The study therefore advocates for a policy rethink, taking into account South Africa‘s migration situation. It stresses the importance of considering migrants as stakeholders in any cross-border policy on children.