Lesotho citizens who have overstayed their time in South Africa have been invited to register with the Ministry of Home Affairs in Maseru with a view to obtaining amnesty. Archive photo: Sechaba Mokhethi
- Lesotho has begun the amnesty process for Basotho who overstayed in South Africa.
- The Home Ministry issued a public notice asking Basotho who have stayed in South Africa for an extended period of time, but who have not committed any criminal offences, to report to the ministry's immigration office in Maseru for registration.
- The lists will be sent to Pretoria where South African officials will verify the names and clarify those eligible.
- The amnesty process is one of the recommendations of a joint working group aimed at simplifying movement between the two countries.
- The recommendations, which have yet to be formally adopted by both governments, include the use of IDs instead of passports for cross-border travel.
Lesotho has begun compiling a list of Basotho nationals banned from entering South Africa for overstaying. It is part of an amnesty process announced by Home Affairs Minister Lebona Lephema after meeting with her South African counterpart Leon Schreiber in Cape Town earlier this month.
Puleng Mbangmathi, director of legal affairs at Lesotho's Department of Home Affairs, then said that both countries had agreed on an amnesty process for Basotho who overstayed in South Africa, provided they register with Lesotho immigration authorities.
“These are individuals who simply overstayed their time, not those who committed crimes,” he said. “Their details will be verified with South Africa before they are approved. Affected people are urged to register immediately.”
On Tuesday, the Home Ministry issued a public notice calling on Basotho who have stayed in South Africa for an extended period of time but who have not committed any criminal offenses to report to the ministry's immigration office in Maseru for registration.
“They are requested to bring their travel documents (passports). Those residing in the districts are requested to report to their respective district administrator offices during working hours,” the notice said.
Home affairs spokesperson Marelebohile Mothibeli told GroundUp that the registration is effective immediately.
The pardon process is one of Recommendations of a joint working group Its purpose is to simplify movement between Lesotho and South Africa. The team also recommended that citizens of both countries be able to cross the border using ID only.
After GroundUp reported on the agreement, South Africa's Department of Home Affairs issued a statement denying that any final decision had been made to allow cross-border travel using identity documents.
In the statement, South African Home Affairs spokesperson and deputy director-general of operations Thulani Mavuso said the home affairs ministers of Lesotho and South Africa met in Cape Town on April 17 to receive a study report from a joint working group established to develop a new migration model between the two countries.
“Ministers were directed to conduct the study by the bi-national commission between the two countries. This was the first time that the results of the study were presented to ministers with various recommendations to be considered by the bi-national commission,” Mavuso said.
He said no agreement has been signed to immediately allow travel using national identity cards and stressed that all travelers must continue to present valid passports at shared ports of entry until the Bi-National Commission (BNC) considers the proposals.
Lesotho's Home Ministry has warned that claims being made on social media that travel using the national identity card has begun is false.
“The ministry unequivocally states that these claims are false,” the ministry said in a statement on April 22. It said “no final decision has been taken” and the proposal would still be presented before the upcoming BNC meeting, which will be co-chaired by Prime Minister Samuel Matekane and President Cyril Ramaphosa.
However Mothibeli said the amnesty process for Basotho banned for overstaying could be implemented immediately. “The issue of overstayers being declared undesirable falls under measures that take immediate effect. It is not one of those that requires BNC approval.”
According to Mothibeli, the registration process now underway is the first step in that approval.
Once the lists are compiled, Lesotho's director of immigration will submit them to Pretoria, where South African officials will verify the names and clarify eligible individuals, he said.
South Africa has so far avoided publicly listing which other recommendations of the Cape Town meeting were approved at ministerial level and which were deferred to the BNC.
Mavuso did not respond to GroundUp's specific questions on this difference.
South African Home Affairs media manager David Halben also referred Mavuso's statement to GroundUp and declined to answer GroundUp's questions about what measures Lesotho might immediately implement.
“I believe that statement will suffice,” Halaben said.
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