South Africa’s dalliance with temporary protection of refugees - is it a form of ‘sophisticated containment’ or a humanitarian act?

The offer of temporary protection by the South African government to Zimbabwean refugees is under discussion in this chapter. The question raised in the title, which requires a consideration of whether temporary protection is a viable ‘complementary pathway’ to protection for refugees, or whether it is a form of containment, invites the reader to look deeper into South Africa’s reasons for granting temporary protection instead of refugee status to Zimbabweans seeking asylum. It further invites the reader to critically analyse the grant of temporary protection to refugees generally. Among others, this chapter will explore the question of whether the grant of temporary protection can be considered a viable alternative to the provision of refugee status and a pragmatic approach to the protection of refugees in some circumstances, or whether temporary protection of refugees will always be seen as a derogation from the protective nature of refugee laws (that is, domestic laws as well as international treaty obligations).