SA NO longer has an immigration policy. This is not a criticism, but a fact. On May 26 last year, when the Immigration Act was amended, an entirely new paradigm of immigration regulation came into operation, unprecedented in its inflexibility and in its exclusionism. This is not a phenomenon that appeared out of nothing; it emerged from a history of administrative corruption, the violation of SA`s borders and the government`s frustrated response to it.
The foundation of this frustration lies in its realisation that perhaps 15%-20% of SA`s permanent resident population are imposters. These are foreigners who misrepresented themselves as offspring of at least one South African citizen parent, or who acquired permanent residence documents by fraud. It was a common practice for foreigners, mostly from neighbouring countries, to falsely represent themselves by affidavit as the unregistered offspring of South African parents and thereby easily have their births registered with the Department of Home Affairs. More stringent protocols making these late birth registrations more difficult came much later.
It was also common to acquire the right to permanent residence through misrepresentation, bribery and fabrication. These practices occurred when decision-making was decentralised to the provinces.
Today, these impersonators use South African identity documents and are accepted as native members of our population.
Added to this corroded landscape was the issue of false South African passports. The British government imposed visa requirements on South African passport holders in 2008 after concluding that our government could not adequately resolve the lapses in passport securitisation. As foreign affairs minister, Nkosazana Dlamini-Zuma bore the brunt of British dissatisfaction with the corruption within the home affairs directorate responsible for issuing passports. When she became home affairs minister in 2008, she pushed to eradicate corruption and restore law and order. In May 2010, all decisions on immigration applications were centralised at home affairs` headquarters in Pretoria, and a security cordon began to be spun around that hub.
Since the systems were not properly in place when the centralisation project began, 60%-70% of all applications were lost. This trend continued into 2011.
With a flood of litigation ensuing to resolve the paralysis, it became clear how deep-rooted the administrative bungling was. By then the conservative "old-style" public service had haemorrhaged from home affairs, leaving a public administration largely uneducated and inexperienced, which became a glaring deficit when more complicated regulations came into force.
The amendments to the Immigration Act in 2011 made it clear that immigration policy was rapidly evolving into a border security policy. The cost of inefficiency within the department, coupled with an increasingly intolerant administrative attitude, began to encroach on foreigners like never before. This trend was reinforced by the department`s inclusion into the so-called security cluster. Human trafficking became a central focus of immigration control, distorting and replacing home affairs` previous emphasis on facilitating the entry of foreign workers, entrepreneurs and retirees.
The amended Immigration Act with its regulations were published on May 22 last year, with a commencement date of May 26, leaving the public with one business day to prepare for the extensive changes the amendments brought in. Once this regime commenced, it was not until mid-June that applications could be submitted through the global firm, VFS,
| | which had been contracted by home affairs to serve as its "front counter". The new system has few redeeming characteristics, in terms of either substance or the manner in which the department has applied it. For example:
• It is no longer possible to engage directly with the department by placing immigration applications before it. At a substantially added expense, all foreigners are forced to submit their applications and administrative appeals personally through VFS in SA, or at VFS and consular offices internationally. The inconvenience and expense of personal applications, especially in Asia and Russia, has caused a loss of more than R4.4bn in tourism revenue.
• Foreigners, including foreign spouses of South Africans, can no longer apply for visas in SA while on visitor`s visas.
• Foreigners can no longer apply for "general" work visas, or extensions of existing visas, without obtaining clearance from the Department of Labour, which does not support the employment of foreigners. For this reason, the general work visa category is largely paralysed. While the productivity of SA`s labour force has dwindled to its lowest in 40 years, the Labour Department protects the South African labour market from the entry of skilled foreigners, contributing to SA`s increasing uncompetitiveness.
• The immigration system does not support work visas in the humanities (including chefs, teachers, lawyers, philosophers, political analysts, development consultants, business consultants, productivity analysts, business and production managers), or exceptionally skilled foreigners who do not have predetermined "critical skills".
• More than 50% of all immigration applications have been refused, although many comply with the regulations, forcing foreigners to appeal at a charge by VFS of R1,350 per submission. There are delays of between five and 12 months in processing such appeals, rendering the process nugatory. Foreigners awaiting the outcome of their applications or appeals after the expiry of their visas cannot leave SA without being declared "undesirable" and prohibited from returning for up to five years. While they can appeal, these are generally either denied or take up to six months to be adjudicated.
• The competence of consular officials at SA`s foreign missions is generally low, and at many missions arrogance and xenophobia are frequently encountered (including in Berlin, Moscow, Harare and Nairobi).
• The immigration regulatory regime is too bureaucratic to entice foreign skills and entrepreneurs in the international competition for skills and foreign investment.
Prof Edmund Ferreira of Unisa has found that since 1967, "output per worker per unit of capital in SA has fallen from R7,297 to R4,924 a year — a decline of 32.5%. From its peak in 1993, this measure of labour productivity has fallen by 41.2% … to the lowest level in 46 years.
"SA is now less efficient than many of its emerging market competitors, its labour force is uncompetitive and labour productivity is much lower than that of the rest of the developing world."
Until Home Affairs Minister Malusi Gigaba realises that SA needs an immigration policy that is flexible and encourages the inflow of self-sufficient, entrepreneurial and skilled immigrants, we will be unable to compete in the modern world. V.1458 |
One of the highlighted topics: Critical Skills Visa.
- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr... - This matter relates to critical skills visa and its broader implications. - Individuals are advised to seek professional guidance.
Is your profession on the Critical Skills List? This visa is your fast trac V.6139 Click here for full article | | One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.
-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process. -Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide. -LHR appeals extension, urges affected people to seek help now.
Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.
In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.
V.6133 Click here for full article |
A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.
Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.
V.6130 Click here for full article | | On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.
Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.
V.6131 Click here for full article |
The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs. The United Statesâ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions. The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132 Click here for full article | | The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6127 Click here for full article |
1. Right to Legal Representationâ¢You have the right to consult with a legal representative.â¢Contact an immigration practitioner, legal aid clinic, or attorney urgently.â¢Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Actâ¢You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you â¢If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.â¢BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121 Click here for full article | | Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122 Click here for full article |