Regulations will not be implemented in March



New immigration regulations made in terms of the Immigration Act promulgated last year will now not be implemented in March as scheduled, following a successful legal challenge in the Cape High Court. The regulations would have significantly increased the financial qualifications, as well as some application fees, required of prospective immigrants, and the prospect of their implementation had thus sparked widespread debate in the business community, property agencies as well as present and prospective foreign owners of property in South Africa. However, according to Eisenberg & Associates, the Cape Town law firm that instigated this week's court action, the correct procedures under which regulations are required to be made were not complied with, in that the Minister of Home Affairs did not allow for any public participation in their formulation. And the court's decision to set them aside has understandably delighted the real estate industry. Says Ian Slot, chairman of Seeff Western Cape's licensees: 'The new criteria for permanent residence set out in the proposed regulations would have made it practically impossible for all but the most well-heeled foreign nationals to take up residence in South Africa. 'However, when foreign nationals purchase property in South Africa, they make a strong commitment to this country's future. The new law would thus have impacted negatively on South Africa's set goals for increased direct foreign investment. 'It also concerned us that government had once again embarked on legislation which had ramifications for present and potential property owners without adequately engaging either the property industry or the public in discussions about the effect of these proposed policies. 'Surely the hallmark of an effective democracy is public participation on key decisions based on informed and open public debate? Decisions and policies about property affect all South Africans, and they need to be comprehensively debated in the public forum. 'So, if the (Home Affairs) Department intends to try again to amend the immigration criteria, we trust that next time there will be public participation and that industry players will make themselves heard.' Article: Property24 News for the latest real estate news, visit www.property24.co.za