In April this year in his address to the SA-Iranian Business Forum in
Tehran, South African President Jacob Zuma stated that the country was
open for business. The same concept formed an integral part for the
State of the Nation address he delivered in parliament in Cape Town on
the 11th February 2016.


In his speech he said that the country remains an attractive
investment destination. He also pressed that it was imperative to
continue to market the country as a preferred destination for
investments. Positioning South Africa as a prime investment
destination that is open for business has been the President`s mantra
since he started his term.


Is SA really open for business?

Despite the strong message, the question that remains is whether or
not South Africa is really open for business? The level of openness,
particularly for foreign direct investment (FDI) into our country,
needs to be seriously evaluated.

This is according to Gary Eisenberg, immigration lawyer at Eisenberg &
Associates, who says that South Africa is at a tipping point. "Besides
the question of South Africa`s state of limbo with international
rating agencies, it is doing absolutely nothing in practical terms to
attract foreign direct investment."

Addressing the challenges of making SA open for business, President
Jacob Zuma said earlier this year that this requires a common
narrative from all of us as business, labour and government.
"Government is developing a One Stop Shop/Invest SA initiative to
signal that South Africa is truly open for business. We will
fast-track the implementation of this service, in partnership with the
private sector. Such an initiative requires that government removes
the red tape and reviews any legislative and regulatory blockages,"
said President Zuma.
Policy review

In order for this to become a reality, rather than just politicking, a
review of South Africa`s immigration policy is imperative, explains
Eisenberg.

Eisenberg says that South African`s low economic growth is partly
reflected by the lack of an immigration policy. "At a recent address
at the Cape Town Press Club, it was clear that the Minister of Home
Affairs, Malusi Gigaba, was silent on immigration policy that
recognises the essential importance of foreigners and their
contribution to making South Africa a better and more competitive
country."

Professor Ian Goldin, once the managing director of the Development
Bank of Southern Africa and now professor of globalisation at Oxford
University, concludes that the diversity that foreigners brings to an
economy serves as a catalyst that spurs creativity and performance, in
business, academia, medicine, science, politics, food, culture,
entertainment and sports. In writing for the World Economic Forum,
Professor Goldin said that "migration has always been one of the most
important drivers of human progress and dynamism…and in the age of
globalisation, barriers to migration pose a threat to economic growth
and sustainability."

Eisenberg & Associates

recently conducted a poll on Facebook, asking
respondents whether South Africa really was open for business.
According to Eisenberg, the results and perceptions revealed were
unsurprising.

With more than 9,000 online engagements, the Eisenberg and Associates
Facebook poll indicated that there was a strong perception that the
South African government was not open for business and that the
respondents believed that the country was undergoing either a form of
state capture, or an increased level of cronyism.
Visa requirements

In a report published by the African Development Bank (AFDB) on visa
openness on the continent – which focused on advocating free movement
of labour, capital, goods and services to promote economic
development, it found that African citizens need visas to travel to
more than half (55%) of the continent`s countries.

Of the 20 most 'visa-open' countries, 75% are in either East or West
Africa. None are in Central Africa while the Seychelles leads the way,
with visa-free access for all nationalities. Western Sahara is the
least open, requiring all visitors from African countries to acquire a
visa prior to departure. Eisenberg points out that the AFDB report
ranks the Southern African region was one of the lowest for free
movement across borders. "Based on the results, the region only ranked
with a 51% rating on the AFDB barometer. Perceived support was even
lower, with only 32%."

The OECD`s restrictiveness index, which measures how open a country is
to FDI, places South Africa as one of the most open jurisdictions for
FDI in the world. Despite the global economic instability that emerged
since 2007, South Africa still managed to attract 24% of FDI projects
to the African continent. FDI accounts for 42% of GDP in South Africa
at present.

Eisenberg says that overall confidence in the economy is dropping
(both from a consumer and business perspective) – as is reported by
the OECD. "However, this can be countered with a stronger focus on FDI
and improved free movement into the country."

Eisenberg says that radical amendments to the Immigration Act in May
2014 have created unprecedented bureaucratic barriers to the inflow of
migrants, the very people government declares it is targeting. "Last
year some 51% of all temporary and permanent residence applications
submitted in South Africa were denied, mostly for reasons which are
nonsensical."

Rather than simply painting a picture of doom and gloom, Eisenberg
firmly believes that with improved regulations and immigration
processes, the South African economy can only benefit. "A mind shift
in the way South Africa views foreigners is essential. By introducing
a strong immigration policy that recognises the value that foreigners
can provide to our economy can only better our country," concludes
Eisenberg. V.1642

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
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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
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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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
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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
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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 States’ 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
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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
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•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 •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.•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
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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
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