Al Jama-ah President Hon. Ganief Hendricks, MP, has formally objected to Clause 3.4.4 of the Draft Revised White Paper on Citizenship, Immigration and Refugee Protection — commonly referred to as the “First Safe Country Principle.” The proposed clause would make asylum seekers ineligible for protection in South Africa if they passed through another country classified as “safe” before arriving here.
According to Hendricks, this represents a significant shift away from South Africa’s constitutional commitments and liberation legacy.
A Question of History and Principle
During the struggle against apartheid, many countries across Africa and beyond opened their borders to South African exiles. Algeria, Tanzania, Zambia, Angola, Cuba, Libya, Ghana, Egypt, Ethiopia and Palestine provided training, shelter, financial support and political solidarity at a time when much of the Western world remained silent.
Hendricks highlighted that Nelson Mandela received military training in Algeria in 1962 and that several African states became operational bases for the liberation movement.
Al Jama-ah argues that adopting a policy that could restrict asylum seekers from these regions raises serious moral and historical concerns.
Constitutional and Legal Obligations
South Africa’s Refugees Act and Constitution embed the principle of non-refoulement — meaning that individuals should not be returned to places where they face danger. The country is also bound by international agreements, including the 1951 UN Refugee Convention and the 1969 OAU Convention.
The party maintains that the proposed clause risks undermining these obligations and importing an immigration framework that does not align with South Africa’s constitutional values or historical context.
A Proposed Alternative
In place of the restrictive clause, Al Jama-ah has proposed what it calls a “Liberation Solidarity Exemption.” This would ensure that asylum seekers from countries that supported South Africa’s liberation struggle remain eligible for protection, regardless of their transit route.
The party has called on the Department of Home Affairs and the Portfolio Committee to withdraw Clause 3.4.4 and initiate broader public engagement on the matter.
The Broader Debate
At its core, the issue raises an important national question: how should South Africa balance border management with its constitutional principles, historical alliances, and commitment to human dignity?
Al Jama-ah has stated that any immigration reform must reflect the country’s past, uphold its legal obligations, and protect the values upon which the democratic state was built.
DOWNLOAD AL JAMA-AH’s REVISED WHITE PAPER ON CITIZENSHIP, IMMIGRATION, AND REFUGEE PROTECTION