Table 2. Relationship between Province and Trust levels of Governance in South Africa.

Table 3. Relationship between place of residence and trust in levels of Governance in South Africa.

The above survey clearly depicts trust in the traditional institutions however the research will have to mention that traditional institutions are not present in western cape, Gauteng and Northern cape provinces. It should also be put into notice that the survey was limited to only black South Africans since traditional institutions apply only to them.

In Gauteng and Western Cape with no jurisdiction of traditional institutions have 41 % and 44 % respectively which is quite high compared to their level of trust to the local government. In all other provinces apart from Northern Cape and Eastern Cape provinces, there is a higher level of trust on these traditional institutions than the local government.

In table two, unlike common belief that traditional mostly the rural population favor traditional institutions where they are mostly confined, there seems to be quite a strong support for these traditional authorities than to the local government, which should be a devolved system or representative governance. However, despite this, the traditional institutions have to maintain legitimacy and legitimacy on a thin line between the interests of other political structures in the country and the people it is meant to serve.

Afro barometer did two surveys in 2016-2018 on 1195 respondents regarding legitimacy of traditional authorities and local government officials in Zambia. The question the respondents were asked in the first survey was `How much do you trust each of the following, or haven't you heard enough about them to say?'

In the second survey, the respondents were asked; how much do you trust each of the following, or haven't you heard enough about them to say? Your County Assembly

Survey 1

Survey 2

The first survey shows a higher percentage of 48% do trust in their traditional institutions a lot and this should shows the possibility of traditional institutions in influencing migration policies in both Zambia and south Africa. In the second survey the lack of trust in local government is much higher based on those who responded as `Not at All' and `just a little' when applying to Neo-Institutionalism, the representative government needs to gain its legitimacy from these traditional authorities and also involve them in many of the policies if they are to gain support from the people.

Lastly, the author of this research carried out his own online survey on South Africans, Zambians and later an expert interview with Oleg Kavykin a researcher at the institute for African studies and who has extensive knowledge and background on traditional institutions.

The author would however like to clarify the respondents were not enough to give a representative data, as there were only 19 respondents as it was an online survey and the inability to be on the ground to carry out a comprehensive survey. The survey was based on legitimacy of the traditional authority and their ability to influence migration policy. The title of the survey was Influence Of Traditional Institutions On Migration Policies and where some of the questions the respondents were asked were:

1. Have you ever met or interacted with an immigrant?

2. If given authority, would you enhance or bar migration?

3. Do you believe Traditional Institutions are important to your country's politics and governance?

4. Do you think Traditional Institutions need more power and autonomy from the central government?

5. How can Traditional Institutions influence migration policies in your country?

6. Are you satisfied with the cooperation between your government and traditional authority?

The respondents were also asked their ages and gender and their country. Ten of the respondents rated the performance of the traditional institutions as poor. In some of the open ended questions most of the respondents acknowledged the traditional institutions could influence integration of migrants through various methods such as campaigns and less of xenophobic inciting.

On the expert interview with professor Kavykin, the respondent was asked questions regarding the legitimacy of the traditional institutions and their possible influence on migration to which the response was that traditional institutions could influence migration policies due to their access to information. This was important for international organizations such as the African union or the regional institutions that are instrumental in encouraging migration in Africa. However, the respondent was quick to caution that the institution of traditional authority had really changed since the colonial period as some of them were not original leaders or that complete support from the people on all things regarding these institutions could not be relied on.

1.2.2 Collision and Cooperation of Zambia's and South Africa's governance systems

Zambia's governance system has been borne both conflict and cooperation in terms of policy formulation and implementation. On cooperation, the Zambian government in 1997 enacted a policy of Re-entry which served to allow pregnant girls who had dropped out of school to go back and this culminated to introduction of free education policy in 2002 however it was important for the traditional communities to be involved with this for effective implementation.

As a result of this, based on an evaluation report carried out by UNICEF in 2010, it was reported enrolment and re-entry of students had increased due to influence of the traditional authorities as they had carried out sensitization activities among the people who highly respected the traditional leaders. To turn this into numbers and data, the percentage of reduced dropout rates by girls was 30% and boys at 51% (Sampa, 2010).

In order to gain cooperation sometimes conflict has to arise. Recently as recent as 2018, there exists confrontation between the representative governance system and the traditional system over power of land. As mentioned before in Africa, ownership of land is very vital for many Africans and power over land allocation is an important tool, which the traditional institutions in Zambia intend to maintain.

Zambia's traditional authorities have legal power over 70-94 % of the country's land (Chilombo & Sommerville, 2018) and normally govern land allocation and its utilization with free will however this seems to be challenged as they have been accused of corruption and selling out land to foreigners without transparency. The national government under the ministry of Lands and Natural resources formulated the Draft National Land Policy which aimed at Zambia coming up with a comprehensive national land policy that had been lacking since independence and this change in policy is meant to be part of implementing the Poverty Reduction Strategy Paper started in 2002. The government's argument for this policy is to protect the land rights of the Zambian people and its future generations where land ownership will not be transferred to foreigners but only through leasing or renting and this was to be done with consultation of the traditional authorities who are a key stakeholder. However, this came with a backlash from the traditional authority, which has accused the representative government of trying to take powers away from the chiefs as there was no mention in this policy on the role of the traditional authorities in administering of land. They also lamented on lack of consultation of all the 288 chiefs but only consultation with 22 chiefs and most important of all their recommendations had not been recognized in the current draft. Since the government is aware of the importance of the chiefs in this, the government defended itself by pointing out on clauses that mentioned the proposed roles of these leaders while also pointing out that adjudication of land would still involve the traditional authorities in partnership with the government and the traditional authorities would have access to customary certificates for issuing to land buyers. The government had also sort to ensure the traditional authority would be consulted and give their consent on all matters that involved large-scale investments in their regions.

South Africa's political traditional institutions have managed to stay relevant, however not without their own differences and factions; CONTRALESA (congress of traditional leaders of south Africa) a union of traditional authority which supported the ruling ANC for a united and we can use the group theory on this as through CONTRALESA they have fought for their recognition and for more powers since independence and have a say in the development of the country especially in management of resources at the grassroots levels. These traditional institutions are more empowered and have more degree of autonomy compared to other traditional institutions in Africa however, they have had to fight for their recognition and relevance in the country. The South African constitution however does not clearly define the roles of these traditional institutions. In his article Traditional Political Institutions in Contemporary Zambia, (Kavykin, 2016) Kavykin denoted the different ways the traditional institutions clamor for more power. For example, the knowledge of the chiefs' access to the grassroots levels and their intimate knowledge on the needs of the societies thus submitting notification to the government on what is needed are some of the issues leading to demand by some chiefs such as chief of Ishindi calling for empowerment of the chiefs to legislate and this cements their power in the country. The elected officials in representative governments also fall into the group that legitimizes these traditional institutions as elected officials sometimes have nudged the people to follow traditional rules. This clearly shows that legitimacy towards these institutions cut across the country (Ntsebenza 2004:71).

Ntsebenza (2004:71) also adds the consultation by government bureaucrats on many issues with the traditional institutions before signing of any document. This in addition shows the gravity of awareness of the power these chiefs have over some members of the representative government. In 2004 general elections, the South African ANC government needed support of the traditional institutions to enable them win votes and so they were coerced by the traditional institutions into passing the Traditional Leadership and Governance Framework Act (TLGFA) in 2003 which ensured the traditional institutions were recognized as together with other government local arms (University of Pretoria, NA).

The following quote taken from (University of Pretoria, NA) made by the minister of provincial and local government also indicates in addition the recognition of the traditional institutions by the representative government in South Africa:

“…it is the Department's considered view that the institution has a place in our democracy, and has a potential to transform and contribute enormously towards the restoration of the moral fibre of our society, and in the reconstruction and development of the country, especially in rural areas. It is also important that conditions for democratic governance and stability in rural areas are created, so that accelerated service delivery and sustainable development can be achieved. This will only be possible if measures are taken to ensure that people in rural areas shape the character and form of the institution of traditional leadership at a local level, inform how it operates, and hold it accountable…” (University of Pretoria, NA)

Unfortunately the work of the traditional institutions in effectively working on policy implementation which starts at the ward level seems not to be working.in south Africa the people air their positions in the wards where there are forums to discuss policies which are then taken up by the local government. The traditional institutions are supposed to work with these local governments by attending these meeting but due to many reasons they seem not to attend or take part in these meetings (University of Pretoria, NA). Many of the traditional leaders have been accused of being illiterate even at some point being challenged by the government on policy matters. In short, it is difficult for them to take part in effective policy formulation as these leaders are hereditary and not elected due to their manifestoes or abilities hence the lack of effective change in the communities of the black South African people.

CHAPTER 2

This chapter will touch on migration occurring within the African continent and delve deeper into migration between some of these African countries indicating the genesis of the migration and outcomes or foreseeable outcomes of such migrations.

2.1 Reasons for “south to south” migration

The focus on modern day migration in its entitetlity laid more emphasis on south to north migration. why is this? The world has been set up in such a way that the western or the global North is known to be the main `destination' for people from the global south however the world bank (World Bank, 2016) report indicates that there is more south to south than south to north migration and in which much remittances are between south to south than what the south receives from the migrants in the north.

Africa often classified as the dark continent has been plagued by conflict, wars, high unemployment rate, diseases and many problems that have probably been seen in the west as unbearable conditions for anyone to live n and hence the need for many of the African people leaving their countries for better safer areas with good economic opportunities. The amount of money immigrants earn from much richer countries than their own is enough to alter for their families back in their home countries. For example, migrants in South Africa earn higher wages than in Zimbabwe thus able to remit money back home which benefits the Zimbabwe through foreign exchange and economically capacitating the immigrants' families.

Figure 3. Migration

Figure 4. Remittances.

One question that ponders many is why Africa is constantly affected by problems. This paper believes the accusation on western meddling in Africa or being the cause of the current woos is overrated as much of Asian countries were in the same situation as Africa but their economic situations have changed and become much better than many Africa countries due to proper planning. Time and time again Africa's governance systems seems not able to cater for the people's needs despite many years of support from the west and this has led to the Africa call of `let Africa use African solutions for African problems' but despite this, why are Africans seemingly dissatisfied with their regimes and risking difficult treks and harsh living conditions in other countries where they are unwanted? Would the alleged statement by the American president Donald trump calling some African countries `shit hole' countries true? An article on LA times (Simmons, 2018) refutes these comments and the assumptions on African immigrants by noting that African migrants according to a research done based on the US diversity visa, a lager percent of the African immigrants have bachelor's degrees and are highly skilled professionals unlike much of the American population and the preferred Norwegian immigrants. This greatly shows the potential of the immigrants but yet again, this could lead to the present brain drain in Africa.

Many African countries won their independence between 1950's and 1960's and have had many years to provide social, economic and safety for their people however this has not been the case. Some African countries have managed to move ahead but many still lag behind. Some leading African countries such as Ghana and Kenya tried to enhance pan Africanism through the African union however, there have been accusations that the African union has been used as a club of the powerful to protect African dictators and brutal regimes. However, there is this group of informal institutions that seem to have been undermined. According to (levistky & Helmke, 2003) in trying to explain neo institutionalism, they stressed that it was important for the informal institutions to be treated with importance, as their effect on political outcomes was profound. The African union in its quest to push Africa forward has neglected the informal institutions that were once the backbone of the African societies and could still be used to influence decisions.

The major causes of emigration in Africa can be classified into civil wars, famine, and lack of economic opportunities. different groups and people have different reason for migrating and this is championed by (Aderanti, N.d) who notes that international migration is not often as a result of economic purposes but often political reasons such as border wars. She also adds that economic factors are fueled by the fact in Africa more development is in the urban areas than rural and so the better the city in another south country the more attractive it may seem to a potential immigrant.

Partitioning and colonization of Africa in which divide and rule was used especially by the British has been blamed for the civil and tribal (ethnic) wars in much of Africa. For example the infamous genocide in Rwanda between the Hutu and Tutsis, successive colonialist governments of Germany and Belgium showed preference on the minority Tutsi over the pre dominantly Hutus by offering them higher government positions and this caused ethnic divisions which persisted after independence thus leading to genocide of the Hutu people by the Tutsi and mass migration by the Tutsi to neighboring countries such as Tanzania, Congo Uganda and Burundi and many went as far as Kenya and south Africa. In his analysis (Riemer, 2011) laments on introduction of racism and tribalism by the European colonial masters as the root cause of the genocide as they outwardly favored the Tutsi out of physical looks and with no reference to the histories of the country, which was very important. Despite all these, the post-colonial African successive representative systems of governance did not change the tribal diversity rather embraced it for their own quest for absolute power resulting to tribal political parties serving the interests of individual tribes in the process increasing conflict and to which can be attributed to the current migration crisis in Africa. Civil wars in other countries such as Somalia, Eritrea, and Zimbabwe have led to many people immigrating both legally and illegally and these civil wars have been blamed on political differences based on tribes. Somalia which has always captured the world's attention as one of the most dangerous countries has been fueled by clan wars which fought for power and without any clan agreeing to compromise this has led to many wars and the ability of international terrorist groups infiltrating the country and taking advantage and setting up bases to launch attacks in neighboring Kenya and Ethiopia which in turn makes the citizens feel not date within their own borders. The larger impact has been on the Somali many of whom have sought shelter and protection in Kenya's borders as refugees fleeing from the homegrown Islamic insurgents and hunger and famine which cannot be controlled by the weak government in Somalia.

South Sudan the newest country in the world seceded from north Sudan a predominantly Arab Islamic state. The two states had been forced to be under one rule yet with diverse cultures and religion. In the successive civil wars in Sudan, aimed at more autonomy and equal rights for all Sudanese, many of the south Sudanese fled the country and emigrated to Kenya, South Africa and other countries as refugees and others looking for economic progress as south Sudan could not offer this. Unfortunately, tribal war over power has since plagued the new African nation into political turmoil. Much of Africa's problems revolve around lack of opportunities especially for members of tribes that have no access to power. Yet again Africa lacks enough financial resources to deal with all issues at once whilst still struggling with high corruption and improper utilization of resources as well as global change in economics.

Lax borders in global southern countries especially within Africa than in global north makes it easier for the migrants to access some of the destination countries and of course costing less financially unlike those trying to head to the north where in some cases thousands of dollars have to be paid to human smugglers. The governance systems in Africa especially in particular countries such as Ethiopia, Eritrea and Somalia have been unable to combat the growing number of citizens emigrating from their countries legally or illegally. The same is for the host countries who are working tirelessly to Mann their boarders to prevent illegal immigrants into their boundaries.

2.2 Political background of Migration Source countries: Somalia, Eritrea, Ethiopia

The federal republic of Somalia is at the horn of Africa and quite infamous for hosting terrorist groups and pirates feared for preying and attacking cargo ships on the Indian Ocean. The focus of international media for many years, Somalia has struggled with their traditional institutions, which has been one of the causes of instability in the country. These traditional institutions are known as clans which have fought supremacy battles even against the democratically elected governments thus creating an avenue for the rise of jihadist groups that have terrorized the population. Somalia maintains an informal type of economy which involves livestock and remittances from other Somalis that live abroad as immigrants or refugees and it was estimated in 2015 the remittances to Somalia were a total of US dollar 1.4 billion which translates to 23% of Somalia's GDP (The World Bank, 2016) despite this countries such as United states and some other western countries have closed some bank accounts used to remit money to Somalia on the basis of linkage to terrorism and money laundering.

Somalia a predominantly Muslim country has been at the center of trade in the past and was divided into powerful empires with access to Middle East and Asian trade routes and successively being conquered by the Italians, French and the British who divided Somalia into different territories.

The Somali people have survived for nearly two decades with no central government. After the 1991 military coup against Somali's president Said Barre, Somalia faced major conflict and divisions which resulted in disintegration of the country into poor tribal territories ruled by the clan and fighting each other over supremacy and over influence in the capital city Mogadishu and this aimed the lives of many civilians. Intervention by the United Nations and even the United States did not change much but rather escalated the conflict.

The Somali share the same ethnic group; same language, religion and culture however these have not brought unity but rather disunity. What controls the country is the ideology of clannism where one is judged based by what clan one come from which I a form of tribalism. In this case clans are an informal institution in Somali's case and they have the power to formulate flock types of `legislations' or rules that affect people within their territory. (The Causes of Somalia's Civil War (Fall 2102), N.D).

The only way to understand Somalia is to understand its clan system as unfortunately much of Africa's woos and systems have largely been judged or understood through western eyes. African system of governance is a very difficult arena especially for western centric political analysts. The traditional African communities were ruled by kings, queens, council of elders and indeed there was forms of governance which kept the African communities going and this was same with Somalia which unfortunately post colonization forcibly brought together clans that were different in political and social beliefs.

Hawiye and Darod clans are the most dominant having the prime minister and presidents of Somalia hail from these clans respectively. The ex-president who Said Barre deposed hailed from the Darod clan and was accused to have favored his clansmen more and in some cases brutally subdued the other clans hence causing more friction amongst the clans. other clans such as Digil and Dir clans have been included in transitional governments however have walked out at one time protesting of unfairness in allocation of power among the clans (Reuters, 2007) according to rational choice institutionalism actors will use institutions to maximize their interests and so this can be applied in this situation where the smaller clans as well as the bigger clans intend to use the appointed posts to strengthen their clans and advocating more for their interests but however are forced to put the interests of the country first and this causes a lot of distress and feeling of inadequacy in positions given.

Is a clan an institution? (renders, 2007) Tries to point out the central importance of the clans in Somalia and terms the staring of Somali land as a `clan based politico-institutional arrangement. Somali land is a breakaway region of Somalia which is more stable however not international recognized, but still has similar clan based system as rest of Somalia. Clans were an important tool in political reconciliation and this shows there legitimacy and importance of traditional institutions in Africa and solving its problems.

Ethiopia on the other hand which has been considered an authoritarian rule under the late Meles Zenawi and harsh crackdown on political dissidents especially from the Oromia tribe has been considered at times a darling of the west however many of its citizens have escaped from its boundaries and have tried to Cross the Mediterranean with the aim of greener pastures in Europe. Ethiopia has quite a rich history with connection to queen of Sheba and king Solomon n the bible and where some of the Ethiopians community are considered Jews and living in Israel as citizens. Ethiopia is considered to be the only African country that was never colonized by the Europeans as they won successive wars against potential colonialists while under an abolutionalist feudal-monarchical state which was removed from power in a revolution in 1974 and ushering in a democratic republic of Ethiopia in 1987 (Sherr, 1990). Politically the country has been ruled along ethnic lines that have been used to share power however with much infighting. the ruling party ` the ruling Ethiopian peoples' revolutionary democratic front(EPRDF) has been on the Ethiopian political helm since 1991and rules as a federal parliamentary republic which entails a president, a prime minister who has more powers and it is divided into nine ethnically based regions (Pariona, 2017). Unlike other countries that will be focused in this paper, Ethiopia does not have traditional kingdoms that still exist because first they were communally ruled under successive emperors who were later deposed and the country turned `democratic'.

Eritrea a little known country in the horn of Africa right next to Ethiopia and sometimes known as `little Italy' based on its Italian architecture and the interest of the Italians in this region. Termed as one of the poorest countries in the world, Eritrea has been accused by the United Nations for crimes against humanity (BBC, 2017) whilst suffering mass hunger and fleeing of the Eritrean citizens seeking political, economic and social freedoms. This small country won independence from Ethiopia in 1993 after a long war however, it ended up being a de facto one party totalitarian state despite a 1997 constitution which allowed multipartysm.

2.3 Social background of migration source countries: Somalia, Eritrea, Ethiopia

The Somali clans as well as sub clans descend from one particular ancestor. (Somali Holland Online, N.D). These clans bring the people together and with this a sense of security that has been manifested in Somalia's political arena. The Somali are primarily pastoralists who have herd camels for many centuries and involved themselves with trade with other nations as they had access to the Indian Ocean which was a busy trade route.

Despite Somalia slowly trying to stabilize itself after decades of war, there are many cases of human rights abuses especially from the former rulers who are the Islamic courts where there were indiscriminate killings. Cases of arbitrary arrests, detainment without due process and killings by the security forces under the democratic governments are cases of human rights abuses that have affected Somalia (Human rights watch, 2018).

Due to lack of proper government policies over food security, Somalia continues to be affected by famine and its people fleeing the country to neighboring Kenya looking for food and safety for many years.

Eritrea and Ethiopia both face human rights abuses by their respective governments. Eritrea which is under one man dictatorship under President Isaias Afwerki has been accused of restrictions on religious, civil, and media freedoms. Lack of religious freedoms have affected the registration of some religious groups that are not deemed correct. This interference especially on the Eritrean Orthodox Church has been to levels on deciding who runs and the church. All males who are the age of 18 years old have to be conscripted into the army and consequences to those who escape.

Ethiopia has been on the news headlines for many years because of harsh famine that has claimed many people's lives. This has affected the spread of diseases such as; marasmus, low growth and kwashiorkor which lead to many deaths yet the government has not done much to mitigate this. High levels of unemployment and low salaries have made many people to leave Ethiopia in search of better lives in the European continent thus leading to brain drain the country and less revenue from income taxes. At least 37 million Ethiopians are poor and the trend is increasing due to increased prices on food and commodities (Af, ND).

2.4 Statistical data on Africa's migration and remittances

Table 4.

2.5 Job sector for African Immigrants in Africa

Africans who immigrate to other African countries come into various job prospects. White color jobs while others are in blue-collar jobs that pay less. Such blue collar jobs are' masons, painters, farm hands and other menial jobs however as mentioned before there are also white collar jobs which are usually for the rich, well-educated Africans that work for multinational companies that need their expertise. Below is a table of common migrants in Africa and their specialization of works in their host countries.

Table 5. Destination country, migrants and their areas of work.

2.6 African migration to other continents

A UN 2017 data source on migrants in the world gives an estimate of 28 million migrants in the world where Asia leads with 106 million, Europe with 61, million, Latin America and the Caribbean with 38 million, and Africa comes at 36 million. North America comes at 4 million.

Despite centering on south to south migration, a little focus on south to north migration gives us a glimpse on what choice of destination for these migrants, the migration process, benefits to both host and source countries if at all there are any.

But the assumption that African migrants are much more is in the North is distorted as a 2017 data by the united nations that this is not true. From the data below, it is seen that migrants from Africa to different regions of the world are actually less but are actually at a higher percentage in migration to other African countries.

Tough visa rules to Europe for many Africans, majority of whom live below poverty line has made it difficult for many to travel to their destination of choice legally for studies, business or leisure, resulting to a chunk of the migrants choosing the west as a possible destination. The other reason is it is easier and much cheaper to travel to other African countries than to Europe or overseas countries. The main idea of this part of the research is to strip the onion and first ask why do they choose far destinations unlike the rest who choose southern destinations? For some who choose other global south countries is due to less visa regimes and accommodativeness of some of these countries as they try to gain influence in the world by provision of education and perhaps job incentives.

The continents of choice are Europe and America. Remember this paper talks on both illegal and legal migrants. The illegal migrants from Africa originate from the same source countries for south to south migrants but with addition of a few countries such as Kenya, south Africa, Senegal, Gabon, Liberia and Ghana amongst a few countries. Below is a brief 2017 description of source countries in sub Saharan Africa and their destination countries courtesy of PEW research center. The image shows with the same countries that are represented in south to south migration have a high number of immigrants in Europe than in the us and this is also represented in other countries as well listed. So why are they leaving Africa? The reasons vary. Some are a result of educational capacities where the western form of education is considered much better than in global south, economic purposes as in the west possibility of earning more wages even on odd jobs is much higher than back at home and remittances back home normally lifts many of their families back home from poverty. Some countries such as Senegal, Nigeria, Cameroon and Liberia have less wages and the labor wages are so small and so many will risk to cross the Mediterranean sea to seek greener pastures in Europe as the possibility of these countries especially in west Africa receiving European or American visas is very hard.

In countries such as Democratic Republic of Congo, Ivory Coast and Somalia there is constant political, social and economic upheavals which have uprooted the people from their homes and lack of sense of security and the chances of many of these immigrants receiving asylum in the west is very high due to legitimate causes of fleeing home. The question is why are there more migrants in Europe than in America? Which are these migrants that cross to America and Europe? Is there a divide between these migrants?

Thanks to a 2017, global attitudes survey done by PEW research center on African migration to Europe, we can answer some questions on what drives them to these particular destinations. When questioned on what makes United States of America or Europe a preferable choice, many of the respondents especially from South Africa and Ghana said they had relatives or close friends they kept in touch with and this had an influence on the selection of their destination. For example in the survey four out of 10 respondents preferred USA as a destination while three out of ten chose a country in Europe and all these planned to emigrate in the next five years in Kenya 39 % prefer to emigrate to us over 12 % to Europe.

CHAPTER 3

This chapter will explain how migration policies have been formulated and how they respond to the modern challenges in migration. The text will show the role these traditional institutions play or can play in formulation and implementation of migration policies in Africa both in the receiving countries. The paper will touch on the different conventions on migrations under the African Union to gauge whether the local migration policies are in tandem with these conventions signed and possibly ratified by the receiving countries. In addition to this, the paper will play an important role in highlighting how possible future migration policies by these traditional leaderships can be formulated in accordance with international migration laws under the African Union.

3.1 Role of the African Union Conventions on Migrants and Refugees

Before touching in detail about the regional institutions, the paper wishes to point that these institutions especially the African union have been plagued by accusations of being the rich Africans' and dictators club where they can freely do as they wish and support each other in their plundering of Africa's wealth and so new African presidents are forced to join this `club' abide to the behavior and work in the interests of other club members. This is how no institutionalism is seen. For example if a country like Niger does not want Libya hosting the Tuaregs, then it will be easy to through the African union for the Chad president to mistreat these Tuareg migrants and the Chadian president will not face any penalty as the African union wants to maintain peace and harmony and this is simulated in the regional blocs where the norms can severely affect the ability to bring change. Much of the African continent emulated the style of a collective union of countries such as the African union as well as regional blocs that were important in social, economic and regional integration of the continent. Some of these unions have seemed to benefit the continent in terms of worldly negotiations especially in regards to trade with western blocs that before had been much stronger and laid bad trade terms to these countries. However, this paper intends to decipher whether these regional institutions have been or can be instrumental in ensuring the formulation of good accommodative migration policies in the receiving countries.

The African union has a migration policy framework, which was formulated in Banjul Gambia in June 2006 that sought to protect the rights of the migrant people. (African Union, ND)Through this convention the African union has liberated on the advantages of migration especially labor migration in Africa which has enhanced different facets of development in Africa such as construction, agriculture and remittances all of which benefits the host and countries of origin.

Through the African union, several treaties and steps have come into place to enhance accommodative migration policies. For example, the Abuja treaty of 1991 which is best known as African Economic Community, emphasized on the need to adopt employment policies that ensured free movement of people among the member states. This was later followed by a seminar in Cairo, Egypt where several recommendations affecting the legal, economic, social and political fabrics of migration in Africa were made and adopted later in 1996. The paper collected a other practical steps on policy migration by the African union and came up with the following:

1. Adoption of decision CM/Dec 614 (LXXIV) which encouraged the host and home states to provide a conducive atmosphere where migrants could participate in the development of their home countries as well as in the host countries. This decision also sought to encourage free movement of people across African states while addressing the challenges posed by migrants in the movement process.

2. The African union itself saw the need to involve the Diaspora in its activities and so during an ordinary session in 2002 in Durban South Africa the AU was mandated to encourage the African Diaspora into the AU's activities. This is very important as it encourages the African countries to accommodate the migrants, fight human trafficking and in many ways, it considers them not as a threat to these host countries but as a tool for positive change.

3. Through NEPAD, which is an arm of the African union, the member states would be sensitized on migration as an engine for regional cooperation and integration that will enhance unification of Africa and its people sharing one citizenship as the fore founders of the African union wished.

Unfortunately, despite all these strides, in 2001 a study indicated 39% of developing countries had policies that decreased migration inflow than increasing it due to factors such as the nature of the migrants as well as matters that affected sovereignty of the state (African Union, ND).

3.2 The role of SADC in regulating migration in Southern Africa

We will take a look at SADC which is the Southern African Development Community, an inter-governmental organization headquartered in Botswana and encompasses South Africa Republic, Zambia, Zimbabwe, Angola, Botswana, Namibia, Tanzania, Comoros, Democratic Republic of Congo, Seychelles, Mozambique, Mauritius, Swaziland and Lesotho and of these countries South Africa, Zambia and Tanzania host or one time hosted migrants and refugees in their territories. This regional bloc was formed not only to promote various forms of itegra8tion but also to enhance political liberation of African states and lessen reliance on the apartheid state of South Africa (SADC, ND).

Despite limiting itself only to economic matters, SADC has involved itself with migration and integration of people. We cannot talk about free migration in Africa without touching on colonialism and creation of borders that negatively affected migration in Africa. The colonial demarcation of Africa did not put into mind the people, cultures that were divided on these lines as the boundaries that came up from the demarcation brought about the separation of ethnically similar people thus bringing about conflict in post independent countries and this is supported by (Niikondo, ND) as mentioned earlier the types of migration in Africa are cross border migration which usually affects people of same ethnic group as well as those coming for economic gains and for example we have the Ndembele between the Zimbabweans and the south Africans (Niikondo, ND) who feel it is their right to cross boarders and interact with the other ethnic groups in south Africa as they gain material wealth.

SADC in 2008 started the free trade area between the southern African countries, which would promote free movements between these states, and this emulates the African union's quest for pan Africanism which sought to get rid of colonial era boundaries that divided the African nations. In addition to this SADC launched the Ministerial dialogue for southern Africa whose mandate is to manage migration issues that affect the southern African states which includes protection of migrants, refugees and asylum seekers within the host borders (Migration Dialogue For Southern Africa, 2015) for example there is the move to encourage some countries such as Zimbabwe, Mozambique, Namibia and Mauritius to allow dual citizenship which encourages spouses of citizens who in this case are migrants to be awarded rights as their spouses.

However, a report funded by World Bank (Olivier, 2009) reported that much of the migration policies in the SADC region were engrained more on controlling migration, deportation than accommodation of migrants and respecting of their rights. The report also indicated that there was a high level of bias and discrimination among migrants based on nationality or class of migrants one was.

3.3 Internal migration policies and models of governing migration in Southern Africa

Internal migration policies will touch on the policies host countries have regarding migration.

Many Africans in sub-Saharan Africa have always considered south Africa as the `Europe' in Africa and hence the mass migration towards this country but the rise of immigrants came at the end of the apartheid when many of the local black citizens could not fill up the professional positions that had been left by the whites who had left south Africa and so other back Africans had to come and fill up these positions. Yet again the education system in South Africa especially in the university level is much better compared to other African countries thus leading to many students moving to South African universities and later looking for jobs in South Africa at the end of their studies.

South Africa republic is known as a very xenophobic country where many attacks and demonstrations against migrants especially from other African countries. small and middle enterprise businesses in south Africa are more likely owned by migrants than the south African citizens and these businesses usually employ the south African citizens thus contributing to employment and the national economy in the country and this counteracts the claims that migrants `steal' jobs from the locals (IOM, 2017) some of those faulted and accused to incite the locals have been these traditional institutions that otherwise could be a force for African unity. Part of this will be for the traditional institutions to work beyond their shells and accept the reality of the advantages in terms of economy and job employment that hardworking immigrants bring to the South African people.

South African policies on immigration can only be discussed by mentioning the apartheid era and its immigration system where 60 % of the work force especially in the mining sector was immigrants from other African countries such as Mozambique, Lesotho, Botswana and Swaziland through government to government treaties. However, this sourcing for other migrants was because the indigenous South Africans were not enough to work in the mines. Many immigrants from Europe and other continents came to South Africa. However, there was racism and a push to prevent particular kinds of migrants such as Indians and Jews from coming to South Africa. We have some various acts passed by the apartheid government such as the 1973, aliens control act that allowed Indians unlike the blacks from freely moving to different regions for trade and work. Through successive apartheid, regimes there were migration policies that also affected the white immigrants where some administrations admitted more British migrants' permits than southern Europeans and this was politically explosive in South Africa. The apartheid government gave jobs to other alien Africans and this infuriated the south African blacks however these migrants who were between 1 million and 1.2 million in number were not protected as were subjected to layoffs and mistreatment from other workers (US Library of Congress, ND) and this policy was taken in post independent south African government where some African countries were and are given quotas. For example the South African government IN 2017 came up with a special permit policy for the Zimbabweans living in south Africa which was a four year non-renewable permit which allows them to study and work in south Africa. The home affairs minister of South Africa Hlengiwe Mkhize restated on the importance of migrants to South Africa in economic and cultural development (ANA, 2017).

However, despite this assurance from the home affairs minister, there is still the feeling of hatred from the South African people who feel migration was a form of colonialism which brought about segregation and apartheid as the migrants were considered better than the natives. (Ngumeni, ND) However, Duvenhage (Ngumeni, ND) blames the xenophobic attacks on the violent culture of South Africans as a means to solve their economic problems. This led to conflict between South Africa and many African countries such as Malawi, Zimbabwe and Nigeria who in the past during apartheid era had assisted South Africa's ANC freedom fighters with grounds to arm themselves and train and so they felt these xenophobic attacks were not warranted. Other amnesties offered by the south African government were for example in 1995 offering of permanent residency to mine workers from abroad who had worked in south Africa for ten years or more and also voted in the 1994 elections. There was amnesty to immigrants from the SADC region that had lived in South Africa for five years continually and could prove they had been productive to the economy. This in turn helped many illegal immigrants to come into the legal fold and thus have full rights and protections.

The 1986 alien act paved way for black Africans from other countries to come and work in south Africa and in 1991 alien act which had an amendment in 1993, employers were given more freewill to employ whomever they wanted but only in situations where the employer was not aware the employee was an illegal alien and had offered him a job in free will (saddique, ND).

(Ngumeni, ND) Ngumeni faults the home affairs office for the problems facing the migrants in which he laments on the lack of commitment of this office to do it's work but leaving migration matters to the law enforcement bodies who use their personal attitudes to deal with migrants and in addition to this the enforcement agencies have no special migration trainings to make them efficient nor to handle migration cases.

The common saying that other migrants especially in semi-skilled jobs take jobs from the locals is refuted by Siddique (saddique, ND)who establishes the fact that studies show majority of the migrants invest their profits in south Africa and that quite a large number of immigrants are involved in export businesses which earns south Africa a lot of money in foreign revenue. In addition to the xenophobia towards the migrants, the South Africans believe the immigrants are in search of permanent citizenship and a survey of 1997 showed that 60% of the respondents did not think migrants strengthened the South African society (saddique, ND).