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An Exploration of Constraints for the Implementation of Free Movement of People Between Lesotho and South Africa

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An Exploration of Constraints for the Implementation of Free Movement of People Between Lesotho and South Africa AN EXPLORATION OF CONSTRAINTS FOR THE IMPLEMENTATION OF FREE MOVEMENT OF PEOPLE BETWEEN LESOTHO AND SOUTH AFRICA by HLAOLI, MC Student no- 2008093524 Research dissertation submitted in partial requirement for the degree Master of Public Administration (MPA) FACULTY OF ECONOMIC AND MANAGEMENT SCIENCES DEPARTMENT OF PUBLIC ADMINISTRATION AND MANAGEMENT at the UNIVERSITY OF THE FREE STATE PROMOTER: Mr. S. K. Mokoena BLOEMFONTEIN January 2016 DECLARATION I hereby declare that the dissertation submitted for the degree MPA, at the University of the Free State, is my own original work and has not previously been submitted to any other institution and all sources quoted, indicated and acknowledged by means of a comprehensive list of references. Moroesi Catherine Hlaoli LIST OF ABBREVIATIONS ABC : All Basotho Convention AU : African Union ANG : African National Congress BCP : Basotho Congress Party BNP : Basotho National Party CPLP : Portuguese Speaking Country Community CM : Common Market CMA : Common Monetary Area COMESA : Common Market for Eastern and Southern Africa DC : Democratic Congress EAC : Eastern African Community EC : European Commission ECOWAS : Economic Community of West African States EU : European Union GATS : General Agreement on Trade in Services IOM : International Organisation on Migration JBCC : Joint Bilateral Commission of Cooperation LCD : Lesotho Congress for Democracy LDF : Lesotho Defence Force LHWP : Lesotho Highlands Water Project LLA ; Lesotho Liberation Army LLC : Lesotho Labour Commission MIDSA : Migration Dialogue for Southern Africa MFD : Maseru Facilitation Declaration MSA : Maseru Security Accord MoU : Memorandum of Understanding RE Cs : Regional and Economic Communities SACU : Southern African Customs Union SADC : Southern African Development Community SAMP : Southern African Migration Project SANDF : South African National Defence Force UN : United Nations WTO : World Trade Organisation TABLE OF CONTENTS Content Page CHAPTER 1: INTRODUCTION 1.1 Introduction .................................................................................................1 1.2. Background and reason of the study ............................................................... 2 1.3 Problem Statement... ........................................................................................3 1.4 Aims of the research ....................................................................................4 1.5 Objectives of the research ...............................................................................4 1.6 Research Questions ...................................................................................................... .4 1. 7 Research methodology ...................................................................................5 1.8 Literature Review ........................................................................................6 1.9 Chapter outline ............................................................................................13 1.10 Keywords and concepts ............................................................................. 14 1.11 Limitations of the study ..............................................................................15 1.12 Summary .................................................................................................15 CHAPTER 2: OVERVIEW OF THE RELATIONSHIP BETWEEN LESOTHO AND SOUTH AFRICA 2.1 Introduction ..............................................................................................16 2.2 Political Relationship ................................................................................. 16 2.3 Economic Relationship .............................................................................. 22 2.4 Social Relationship ....................................................................................28 2.5 Summary .................................................................................................31 CHAPTER 3: EXPERIENCES OF PEOPLE IN RELATION TO MOVEMENT BETWEEN LESOTHO AND SOUTH AFRICA 3.1 Introduction ..............................................................................................33 3.2 Legislation that govern cross border movement ............................................... 34 3.3 Experiences in relation to labour migration ...................................................... 35 3.4 Experiences in relation to cross border crime .................................................. .41 3.5 Summary ...................................................................................................45 CHAPTER 4: ANALYSIS AND INTERPRETATION OF THE AGREEMENT 4.1 Introduction ................................................................................................47 4.2 Interpretation and analysis of the agreement.. .................................................. .48 4.2.1 Regulation of entry and departure ................................................................ .48 4.2.2 Temporary and permanent residence permits .................................................50 4.2.3 Labour Agreement.. ...................................................................................52 4.2.4 Diplomatic and consular staff....................................................................... 53 4.2.5 Exclusions ................................................................................................54 4.2.6 Communication and Compliance ..................................................................55 4.2.7 Safety and security ....................................................................................55 4.2.8 Settlement of disputes ................................................................................57 4.2.9 Entry into force and termination ....................................................................57 4.3 Summary ....................................................................................................60 CHAPTER 5: RECOMMENDATIONS AND CONCLUSIONS 5.1 Introduction ................................................................................................62 5.2 Overview of the study ...................................................................................62 5.3 Realisation of research objectives and questions ................................................ 63 5.4 Findings of the study ....................................................................................67 5.5 Conclusion ...................................................................................................... 69 5.6 Recommendations ........................................................................................70 REFERENCES ................................................................................................72 CHAPTER ONE INTRODUCTION AND BACKGROND TO THE STUDY 1.1 Introduction International border movement may be described as a movement of people across borders from one country to another. It can also be referred to as international migration. International migration also known as immigration can be described as a movement of people from their native country to another with the aim of settling there. International migration according to Entzinger, Martiniello and Wihtol de Wenden (2004: 193) "is caused by lack of job opportunities for skilled workers in their home country." Skilled people leave their home countries to seek better employment opportunities in other countries. Unemployment is not the only reason why people migrate. According to Wikipedia (2014), immigrants are motivated to leave their countries for a variety of reasons, including a desire for economic prosperity, political issues, family reunification, escaping natural disasters or conflict or simply the wish to change one's surroundings. Entzinger et al (2004: 193) argue that due to this international migration, many of the policy approaches to migration are being reviewed. This is the case with Lesotho and South Africa. Lesotho is a small mountainous country that is located in the Southern part of Africa. It is completely surrounded by South Africa, which makes it dependant on South Africa. It has a population of about 1.8 million (Department of Statistics Lesotho, 2006). Due to the geographical location of Lesotho, Basotho travel frequently to South Africa for various reasons, some go for shopping, business, holiday, study or visit relatives because it is the only neighbour country Lesotho has. Crush (2013:4) argues that most Basotho travel to South Africa to buy goods and services, also to attend personal matters. Some Basotho work and reside in South Africa, as such almost every Mosotho has a relative living in South Africa. This is one of the major reasons why Basotho travel frequently to South Africa other than for commercial purposes. When travelling across the border, every traveller has to report to Immigration Offices for endorsement of entry or departure stamps. This results in long queues at the border posts. 1 South Africa is a huge country that is also situated on the Southern part of Africa. It has several neighbouring countries, of which, it shares borders and these are Namibia, Botswana, Zimbabwe, Swaziland, Mozambique and Lesotho. According to Statistics South Africa (Census, 2011 ), South Africa has a population of about 51, 8 million. It is one of the wealthiest countries in Africa, therefore has better job opportunities, health services and tertiary institutions than Lesotho. For this reason, it may further be argued that Basotho go to South
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