Free movement of persons, right of residence and right of establishment and agenda 2063: what policy options for South Africa

Abstract

From the Lagos Plan of Action to the African Continental Free Trade Agreement, efforts have been made both at the sub-regional and at the continental level to ensure the free movement of goods, people and services across African international boundaries. These key policy projections have been supported by other frameworks such as the African Protocol to the Free Movement of Persons, right of residence and right of establishment and more importantly, by the various aspirations of Agenda 2063. While the success of these policy orientation has been lauded, its effective implementation has been somehow watered-down by recent narrow nationalist tendencies in some countries in Southern, Central and West Africa. Because of the diluted nature in which some of these policy projections have been received, the article seeks to analyse what policy options are available for South Africa as the debate for free movement of people and right of residence gain momentum on the continent. South Africa is noted for its sporadic bow of service delivery protests which usually morphed into attack on African migrants living in the country. The article examines strategic policy options available to the government of South Africa as it tries to balance the expectations of the people and the obligations to international agreements and protocols which the country is signatories to.