The Border Fence at Beitbridge
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Briefing Paper 527 July 2021
The Border Fence at Beitbridge
1. Introduction that “the Special Investigating Unit (SIU) wanted
an order declaring null and void the department’s
On 16th March 2021, Minister of Public Works and contracts with the service providers Caledon River
Infrastructure, Patricia de Lille, and the Deputy Properties CC, Magwa Construction and
Minister of Public Enterprises, Phumulo Masualle, Profteam,” and that the matter would be heard by
engaged with the National Council of Provinces on the SIU’s Special Tribunal.7 The Minister said that
issues pertaining to the border fence near the at this point there was no justifiable reason to
Beitbridge border post.1 The Minister told terminate the contracts, though the Department
members of the NCOP that, after a technical team would review them.8 She also pointed out that 13
had visited the site in December2, the fence (also officials in her Department were facing
known as the ‘washing line’3 due to its flimsiness disciplinary hearings stemming from their
and inability to secure the land borders, while involvement in this affair.9
often being strewn with abandoned clothes) was
deemed to be ‘not fit for purpose and not Ms de Lille emphasised that the Department was
compliant with specifications.’4 She advised that looking for fresh ideas and best practices around
her department would not spend any more money durable solutions for managing “our very porous
on either repairs or maintenance.5 The borders,” and spoke of the management of the
Department would be embarking on a clearance border in terms of “an integrated border fence
project to rid the area of the fence, and it was solution.”10 This is an important policy
estimated that the clearance would be finished by consideration with regard to the government’s
June 2021.6 thinking around this contested issue. There have
in the past been several calls from diverse
quarters for fresh ideas and a new paradigm for
2. Background the management of borders and migration in
South Africa. The International Organisation for
The fence was constructed at the beginning of the Migration (IOM) put it thus: “The need for
national lockdown in April 2020, after the enhanced and harmonized migration
President had closed all borders. It was hoped that management policies is therefore a critical
it would deter migrants from crossing the border priority for the Government of South Africa.”11
into South Africa and thus curb the spread of the
Coronavirus. But it was obvious within days that While the decision to clear the fence and to think
the fence was ineffectual; holes had appeared and again about border and migration management is
parts were trampled over. laudable, it seems a pity that the Minister’s vision,
together with that of her colleagues in the
The R40 million project was mired in controversy Departments of Home Affairs and Defence, is
since its inception. The Minister told the NCOP conceptualised around ‘an integrated borderfence solution.’ It can be argued that, in tying Trump’s wall between the USA and Mexico, the
border management to physical barriers, the Pope said, “Builders of walls, be they made of razor
Minister is missing the possibility of exploring wire or bricks, will end up becoming prisoners of
alternative, creative, and just means of keeping the the walls they build.” “I realize that with this
borders safe and managing migration. problem (of migration), a government has a
hot potato in its hands, but it must be resolved
Pope Francis has also spoken of the importance of differently, humanely, not with razor wire.”16
exploring diverse policy options with regard to
migrant peoples and borders. Calling for “broader Two issues are very clear from the Minister’s
options for migrants and refugees to enter insistence on this frame of reference. One is that
destination countries safely and legally,” he said those advising the Department have learnt little
that the human rights and dignity of all migrants from other parts of the world, where one example
had to be respected, regardless of their legal after the other shows that this ‘fence and
status.12 This is a vital starting point for any policy gatekeeping approach’ does not work. Migrants
discussion around border and migration will find other ways of crossing the borders or
management. extending their stays illegally if they first entered
legally. This will inevitably involve riskier and
more dangerous strategies.
3. South Africa’s Envisaged Policy
Secondly, it is clear that sound migration
The Minister’s policy option appears to be management cannot be at the behest of one
completely within the paradigm of ‘fencing and country. This is especially true of Southern Africa.
gatekeeping’, relying heavily on a hybrid system of It needs to be a regional effort geared towards
physical barriers and control via visas and finding solutions that benefit the region. In the
documentation.13 It is commonly accepted that the SADC countries some fundamentals of this
more that controls are put in place, and that approach are already present in the Declaration
regular paths for migration are made difficult or and Treaty of SADC of 1992 and the SADC Protocol
complicated, the greater is the shift by mobile on the Facilitation of the Movement of Persons,
people towards using irregular paths.14 This has 2005, which lays the foundation for the free
been clearly seen over the past years in the movement of persons in the region. In this regard
Mediterranean Sea, across the English Channel, on it is worth noting that 78% of all migrants to South
the border between Mexico and the USA, and Africa come from other parts of Africa. 68% come
along the border between South Africa and its from SADC countries, and 15% are from
neighbours. Zimbabwe alone.17
For a full sense of the shape of the South African It is self-evident that a regional approach would go
government’s policy option and the degree to a very long way to easing migration management
which the policy is entrenched in the ‘fence and in terms of personal human costs, finances (the
gatekeeping’ paradigm, this policy option needs to government spent more than R20m last year in
be read alongside (and as a strengthening of) the deporting illegal foreigners) and administration
Border Management Authority Act of 2020, and (DHA has no idea how many of the ‘live’ cases –
especially chapter 6 of that Act. That chapter almost a million, according to the Auditor General
underlines what is commonly referred to as the – are still in SA and thus needing processing). It is
‘militarisation and securitisation’ of the borders.15 also worth noting that there is a long history of
For example, the Act gives law enforcement migrants crossing borders into South Africa for
agencies very wide powers, including the power to work on the mines, in the agricultural sector, and
detain and arrest, to question people, and to in the domestic services domain. This practice
apprehend and impound goods. It also envisages dates back well over a century.
the use of high technology in securing the borders. According to the IOM,
All of these provisions taken together gear border
and migration management to an ineffective and “insecurity, lack of economic livelihood,
outdated policy paradigm. drought and crop failure are some of the push
factors that motivate migrants seeking better
It is worth recalling Pope Francis’s words about opportunities to undertake risky migratory
those who rely on walls to keep others out. In routes. Labour migration remains one of the
response to a direct question about President dominant forms of population movement in
2
BP 527: The Border Fence at Beitbridgethe region. Some migrants experience concerned. This easier sharing of
xenophobia, including negative social resources and skills is a way of caring for
attitudes, discrimination and, at times, each other and desiring the best for each
violence.”18 other. Pope Francis spoke of this solidarity
in these terms: “Loving our neighbour as
Lastly, in this connection, a paper by the academic ourselves means being firmly committed
Aditya Sarkar gives very accurate description of to building a more just world, in which
migration dynamics: everyone has access to the goods of the
earth, in which all can develop as
“Today mobility in the region is (i) motivated individuals and as families, and in which
by a combination of diverse social, political fundamental rights and dignity are
and economic reasons, (ii) shaped by long- guaranteed to all.”21 As pointed out above
standing historical movements and reshaped there is already a basis for this in our
by newer patterns of urbanization and region in terms of SADC protocols.
displacement, (iii) organized through various
legal and extra-legal means, and (iv) governed Secondly, of a similar nature, but more
by fragmented and contradictory confined, would be bilateral agreements
frameworks.”19 between two specific countries for
managed migration between the two
countries. This is a model often used
4. Elements of a Different Policy Discussion where seasonal work is involved.
Two days after the Minister’s engagement with the A third option for consideration is a
NCOP, in comments on the increased numbers of sponsorship programme where people
migrants on the USA/Mexico border, Donald come into another country under specific
Kerwin, of New York’s Center for Migration sponsorship agreements. This is based on
Studies, presented a different lens for thinking the model of those who cross borders with
about border policy: job offers in hand. We add for the sake of
completeness that provision should be
“The real immigration crisis is not at the made for humanitarian corridors,
border, but in the failure to respond especially in situations of conflict where
effectively to the conditions driving forced vulnerable migrants can be given
migration, to establish orderly and viable supervised, secure conditions and
legal immigration policies, to legalize the maximum protection into safe countries.
increasingly long-tenured undocumented This is not envisaged as a regular means of
population, and to reform and invest crossing borders.
sufficiently in the US asylum and immigration
court systems. These real needs can be met, but In a well thought-through article, Laura Bartolini
it will require much more than the normal argues that flexible migration regimes would
political grandstanding.”20 benefit greatly by introducing the following
‘characteristics’:
While it obvious that he writes of the US situation,
the same policy co-ordinates would apply for “(a) A variable geometry approach: Different
discussions in our country and in the region. In the types of schemes for different types of
light of the above, the following points should be migrants and for different sets of countries –
taken into account in developing a ‘policy cocktail’ regional and bilateral regimes offer
for immigration: important insights here. (b) A smart
approach: A focus on migration pressures and
Firstly, there should be regional regimes on populations at risk of turning to irregular
for the freer movement of peoples across migration when regular migration or asylum-
the region, coupled with clear rights and seeking pathways are not available to them.
obligations and built-in protections for all We need to devise focused policy tools that
parties, but premised on the rubric of alleviate these pressures before they erupt
greater movement for the common good into a crisis – a smarter understanding of
and as part of broader political economic contextual factors driving irregular migration.
agreements between the countries (c) A balanced approach that responds to
3
BP 527: The Border Fence at Beitbridgelabour markets and other considerations of ultimately undermine the important international
destination countries, developed in co- conventions and protocols to which it is a
operation with origin countries and which signatory. In what has been regarded by some as a
acknowledges the needs of migrants and their controversial statement, Pope Francis has
families.”22 asserted that “the principle of the centrality of the
human person ... obliges us to always prioritize
The above considerations are critical starting personal safety over national security.”23
points for a fresh discussion on border and
migration management. It honours the human
rights and dignity paradigm insisted on by Pope 5. Conclusion
Francis. In this regard border governance should
be careful to ensure non-discriminatory practices There are compelling reasons to think differently
and should ensure that it does not offend the about migration management and border
principles of non-refoulement or indulge in controls. Even at this stage we hope that the
collective expulsions. There should also be careful discussion generated by the Beitbridge fence and
consideration of a presumption against detention, its failure to stop migrants from crossing the
as well as no default position of irregular entry borders irregularly will in fact deepen the
being criminalised. In this connection, many conversation about a more humane way of
voices today urge that the term ‘illegal’ be dropped balancing all the concerns that should be part of
in favour of ‘irregular’ when referring to migrants these policies. A key inspiration for whatever
and the crossing of borders. arrangements we make to manage the movement
of peoples must be around how the policies
The South African government would do well to enhance people’s dignity and how they respect
examine its ‘fence and gatekeeping’ approach and protect human rights. The maturity of any
against these important human rights country’s democratic culture is measured by its
considerations, and to make sure that its present respect for the vulnerable groups in its societies
policies are not found wanting. Nor can South and, indeed, on its borders.
Africa afford to find that its policy options
Peter-John Pearson
Director
1 https://www.news24.com/news24/southafrica/news/not-fit-for-purpose-patricia-de-lille-explains-why-
beitbridge-border-fence-wont-be-repaired-20210316b
2 https://www.iol.co.za/news/politics/de-lille-explains-why-beitbridge-border-fence-will-not-be-fixed-61b8b7cd-
173a-4437-9c6a-4370a1f00f41
3 https://ewn.co.za/2021/03/17/beitbridge-border-fence-to-be-taken-down-de-lille-tells-parly
4 https://www.news24.com/news24/southafrica/news/not-fit-for-purpose-patricia-de-lille-explains-why-
beitbridge-border-fence-wont-be-repaired-20210316
5 https://ewn.co.za/2021/03/17/beitbridge-border-fence-to-be-taken-down-de-lille-tells-parly
6 https://ewn.co.za/2021/03/17/beitbridge-border-fence-to-be-taken-down-de-lille-tells-parly
7 https://ewn.co.za/2021/03/17/beitbridge-border-fence-to-be-taken-down-de-lille-tells-parly
8 https://www.news24.com/news24/southafrica/news/not-fit-for-purpose-patricia-de-lille-explains-why-
beitbridge-border-fence-wont-be-repaired-20210316
9 https://ewn.co.za/2021/03/17/beitbridge-border-fence-to-be-taken-down-de-lille-tells-parly
10 https://www.iol.co.za/news/politics/de-lille-explains-why-beitbridge-border-fence-will-not-be-fixed-61b8b7cd-
173a-4437-9c6a-4370a1f00f41
11 https://www.iom.int/countries/south-africa
12https://www.reuters.com/article/us-migrants-pope-idUSKCN1B11RX
13https://www.academia.edu/38351741/Exploring_the_Links_Between_Enhancing_Regular_Pathways_and_Discoura
ging_Irregular_Migration_A_discussion_paper_to_inform_future_policy_deliberations?email_work_card=view-paper
14https://www.academia.edu/38351741/Exploring_the_Links_Between_Enhancing_Regular_Pathways_and_Discoura
ging_Irregular_Migration_A_discussion_paper_to_inform_future_policy_deliberations?email_work_card=view-paper
15 https://theconversation.com/why-south-africas-new-plan-to-fortify-its-borders-wont-stop-irregular-migration-
145072
16 https://www.cnbc.com/2019/03/31/pope-francis-on-immigration-political-leaders-risk-becoming-prisoners-of-
the-walls-they-build.html
4
BP 527: The Border Fence at Beitbridge17 https://www.iom.int/countries/south-africattps://theconversation.com/why-south-africas-new-plan-to-fortify-
its-borders-wont-stop-irregular-migration-145072
18 https://www.iom.int/southern-africa
19https://www.academia.edu/42110429/Mixed_Migration_Forced_Displacement_and_Job_Outcomes_in_South_Africa
?email_work_card=view-paper
20 https://cmsny.org/publications/border-kerwin-031721/
21 https://www.americamagazine.org/faith/2019/09/29/pope-francis-reminds-christians-migrants-and-refugees-
should-be-welcomed-around
22
https://www.academia.edu/38351741/Exploring_the_Links_Between_Enhancing_Regular_Pathways_and_Discoura
ging_Irregular_Migration_A_discussion_paper_to_inform_future_policy_deliberations?email_work_card=view-paper
23
https://www.reuters.com/article/us-migrants-pope-idUSKCN1B11RX
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