Implementing the Immigration act: a cause of or hindrance to xenophobia in South Africa?

M.A.Since 1994 South Africa has witnessed an increase in xenophobic attacks across the country. While South Africa's history has always reflected the prevalence of xenophobia, it is only since 1994 that this new prejudice has taken hold in the country. Foreigners have been harassed, assaulted and even killed. With South Africa's new position internationally, particularly in Africa, and with its commitment to human rights, democracy and regional integration, xenophobia stands in jarring contrast to its new ideals and principles. South Africa's change to democracy brought about a change in its public policies. However, while the immigration policy has been amended ands a new Act has been formulated, much of the basic principles are rooted firmly in past policies. These policies were based on control, discrimination, apartheid ideology and prejudice. This study evaluates the Immigration Act of 2002 to determine the extent to which the Immigration Act and its implementation may or may not contribute to xenophobia in South Africa. In order to do this a framework of analysis based on policy implementation theory is used. The framework of analysis is based on five variables, namely; context, content, clients and coalitions, capacity and commitment. A main finding of the study is that the Immigration Act of 2002 has clauses that are reminiscent of apartheid policies, and in a country such as South Africa, with a high intolerance for foreigners, the Act does not consider the context in which it has to be implemented. This in turn, may in fact contribute to xenophobia in South Africa. If South Africa wants to solve the problem of xenophobia, it is important to address immigration policy and factors influencing the implementation of that policy.Prof. Y. Sadi