Cape Independence advocate's permanent residency under scrutiny by parliamentary committee

A parliamentary committee wants Home Affairs Minister Leon Schreiber and the department to clarify options available to revoke the permanent residence permit of the Cape Independence Advocacy Group’s Phillip Craig.

This was after the legal opinion received by the committee stated that the power to revoke Craig’s permit rested with director-general Tommy Makhode and that there must be evidence that he breached the Immigration Act.

The committee sought the legal opinion after it was briefed by the department earlier this year that Craig held a permanent residence permit, with no pending applications for naturalisation.

There have been calls to withdraw his permanent residency status because of his advocacy for the secession of the Western Cape, which some deem to pose a threat to national security and public order.

The legal opinion said the Constitution gives citizens a right to make political choices which include a right to campaign for a political party or cause.

“However, the Constitution also protects the rights such as the rights to freedom of expression, association and belief and opinion. The protection of these rights extends to everybody, including non-citizens.”

The legal opinion also said Craig did not have a right to make political choices, which include a right to campaign for a political party or cause, because he is not a citizen, but a foreigner.

“For the department to withdraw Mr Craig’s permanent residence permit, evidence would be required to prove that he violated one or more of the grounds listed in section 28 of the Immigration Act,” reads the legal opinion.

EFF MP Thapelo Mogale said they must act against Craig, who has been using a South African passport to travel and 'trump up support for his campaign of dividing South Africa'.

“We must send a very strong message that this particular issue, we don't accept it,” Mogale said.

MK Party MP Sihle Ngubane said Craig was creating chaos in the country and his actions were bringing the country into disrepute.

“If (Makhode) can deeply look into the matter of, how can we make this gentleman be an undesired citizen of South Africa and be prohibited completely and even his permanent resident status," Ngubane said.

DA MP Adrian Roos said Craig is a legitimate permanent resident and has not violated the Immigration Act.

Roos said they were heading down a slippery slope as a portfolio committee, in trying to make a determination on whether secession and political action for secession constituted the promotion of division and a threat to national unity.

He said that freedom of expression and freedom of association were protected under the Constitution.

“This person is not breaking any other laws that I can see, and until such time as a court says, yes indeed, this is a treasonous movement (only then do) we need to move strongly in this regard,” Roos added.

ANC MP Moleboheng Modise-Mpya said they should go-ahead if there were grounds for Craig's conduct to be looked at to revoke his citizenship.

“The last thing we want is to have citizens that are coming from other countries, wanting to have opinions on how we must run our country. I doubt that many South Africans embark on such stances in other countries,” she added.

Committee chairperson Mosa Chabane said the legal opinion was occasioned by the concerns of the public and the portfolio committee.

“Our concern in South Africa is that this conduct of the gentleman, Mr Craig is outside the framework of the standing of the Constitution,” he said.

Chabane also said they could not stand and watch when South Africans were complaining about Craig.

He said a report will be prepared and then sent to Schreiber to look at the issues raised by the MPs.

“The minister and the Makhode will come back to us,” he said.

Cape Times