The majority of migrant workers target those countries in southern Africa that have
stronger economies. Irregular migrants are in a particularly vulnerable position, and this
article discusses the protection that this category of persons may expect to experience in
the southern African region. It traverses the international, continental and regional
instruments providing protection to irregular migrants, and considers the constitutional
and legislative frameworks in relation to social protection in Botswana and South Africa.
The article concludes by recommending that the broader notion of “social protection”,
rather than the narrower concept of “social security”, should be emphasized. Job creation
programmes are essential. It suggests that the advantages of the free movement of
people in the region should be explored and encouraged. The article also supports the
notion that a regional policy that seeks to balance the flow of migrants in the Southern
African Development Community should be adopted.