Basotho in SA face deportation
MOSA MAOENG
MASERU – South Africa’s new Minister of Home Affairs Dr. Leon Schreiber’s recent pronouncements on illegal immigrants in that country have sent shockwaves through the largely undocumented Basotho diaspora community in the neighbouring country.
It is estimated that up to half a million Basotho from Lesotho are currently living across the border, driven by economic hardships and acutely limited opportunities at home.
Judging by the less than 100 000 on the former special permit for Lesotho, which later became the Lesotho Exemption Permit, it is clear that any move by South African authorities to tighten immigration would have dire consequences for a country of only two million inhabitants.
Dr Schreiber’s statement, issued on July 7, underscored the South African government’s readiness to crackdown on undocumented migrants, citing violations of various immigration and anti-corruption laws.
He praised the South African Police Services (SAPS) for their swift actions in apprehending individuals suspected of immigration violations and other related offenses.
“This is not just about law enforcement,” said Dr. Schreiber in the statement, “but about building an immigration system that fosters economic growth while ensuring national security.”
In the same week, the swift arrest of individuals accused of violating immigration laws, coupled with the Minister of Home Affairs’ extension of concessions safeguarding law-abiding applicants, underscores a more nuanced approach essential for economic growth and national security.
This strategic initiative not only aims to strengthen Home Affairs systems but also signals positive prospects for tourists, investors, and skilled workers who respect South African law, he said.
By swiftly apprehending alleged lawbreakers and facilitating their prosecution, the collaboration between SAPS and Home Affairs sends a resolute message that the era of impunity is over. These developments have sparked significant concern among Basotho communities in South Africa.
In an open letter published in Public Eye on July 5, MK Malefane, the Managing Director of Mabitselakotsekgolo Malefane, criticised the Democratic Alliance (DA)’s agenda, accusing it of perpetuating apartheid-era inequalities and advocating for the expulsion of hundreds of thousands of Basotho back to Lesotho.
Malefane, speaking in an exclusive interview with Public Eye yesterday, highlighted the gravity of these events for Basotho resident in South Africa, expressing fear over the new Home Affairs Minister’s intentions.
He said while the Economic Freedom Fighters (EFF) has raised concerns about Basotho being labelled illegal migrants, concrete strategies to address these issues remain elusive.
“Basotho of Lesotho are not foreigners in South Africa; this is their country too. They have contributed significantly to its economy, particularly through the mining industry where Basotho have played a pivotal role.
“Basotho are stakeholders in institutions like Teba Bank, now NuBank, holding more than a trillion rand collectively. Basotho and South Africans are interconnected, forming one extended family,” says Malefane.
“When South Africa convened the first Convention for a Democratic South Africa (CODESA), Basotho should have had a seat at the table. The recent announcement by the Government of National Unity (GNU), supported by President Cyril Ramaphosa, to foster unity resembles a new CODESA-like initiative. In the past, I approached Lesotho’s then Minister of Home Affairs, Lesao Lehohla, urging that Lesotho should not remain impoverished or underdeveloped.
“I stressed that Lesotho has the potential to achieve self-sufficiency and development within five years. Yet, here we are in 2024, with little progress. I emphasised to him that he cannot hold the future of Basotho hostage; the consequences for Lesotho could be dire, potentially leading to social unrest.
“Regarding immigration, Lesotho urgently needs parliamentary attention. With a population of two million, only 800,000 reside within Lesotho, while the remainder are in South Africa, contributing to its workforce. The brewing socio-economic disparities could lead to civil unrest,” he warned.
Malefane also emphasised the critical need for skilled professionals, essential not just for South Africa but for any country’s development.
He lamented that while European countries recognise this need and attract skilled workers, South Africa’s policies often fail to accommodate Basotho professionals adequately.
He highlighted the plight of Basotho who work tirelessly only to retire into poverty and premature death, calling for systemic change.
“It’s not only the mining industry where Basotho have contributed but also in water resources. Water, a vital resource for South Africa, originates from Lesotho. However, the ongoing Polihali Phase 2 project, aimed at enhancing water supply, faces challenges. Originally planned from Mashai, its current trajectory may not suffice for South Africa’s needs, highlighting impending challenges.
Malefane added: “The minister’s approach, favouring the expulsion of Basotho over Nigerians and Zimbabweans due to cost efficiencies, underscores broader systemic issues.”
However, Dr Schreiber said whatever decision that would be taken on Zimbabweans in South Africa holding the special permit would be similarly applied to Basotho under the Lesotho Exemption Permit so the jury is still out on this matter and it’s too early to suggest other nationals in SA will get preferential treatment ahead of Basotho.
“I plan to meet with Lesotho’s Minister of Home Affairs urgently to chart a collaborative path forward. Resolving this issue promptly hinges on urgent bilateral engagements between the two governments,” Malefane concluded.
Lerato Nkhetše, Executive Director of the Migrant Workers Association of Lesotho (MWA-Ls), highlighted the significant presence of Basotho migrants in South Africa, estimating that over 500,000 individuals from Lesotho currently reside there, either permanently or temporarily.
These Basotho are employed across various sectors, including agriculture in Ceres, the textile industry in Newcastle, as well as in domestic roles without official work permits, and as taxi and truck drivers, among others.
Ntšekhe said the recent statements by the South African Minister of Home Affairs have raised fears within these communities, with concerns mounting that many could face deportation if the government’s stance is strictly enforced.
He said the MWA-Ls has secured an appointment with the Ministry of Home Affairs personnel for the coming Monday, amidst preparations for the King’s birthday celebrations at the ministry.
Regarding legal protections, studies indicate that the new Lesotho Exemption Permit (LEP), introduced to replace the expired Lesotho Special Permit (LSP) on December 31, 2019, applies solely to existing LSP holders.
The total number of LSP permits issued stands at 90,314, reflecting the expected applicant pool for the new LEP.
This measure stems from Cabinet’s earlier approval of a special dispensation on December 4, 2015, aimed at documenting Lesotho nationals who found themselves in South Africa illegally due to Lesotho’s socio-economic challenges.
The dispensation allowed them to reside in South Africa under relaxed conditions, providing avenues for work, study, or business permits while halting their deportation.
Approximately 90,314 Lesotho nationals hold this permit, although exemptions have been granted to around 54,653 Basotho, reflecting the complexities and challenges faced by the community in navigating South Africa’s immigration landscape.
