South Africa could drop out from the United Nations refugee convention, while also repealing its domestic refugee, immigration and citizenship laws in efforts to ‘reshape the destiny of our country’, according to an ANC WhatsApp group message making the rounds from Home Affairs Minister Aaron Motsoaledi.
Home Affairs Minister Aaron Motsoaledi’s WhatsApp message asks for readiness to publicly comment on the release of the almost completed White Paper, or a government policy statement, that has emerged rather than the single new immigration law the governing ANC 2022 national conference had resolved on.
Going the White Paper route takes Home Affairs back to 2017, and its never implemented international migration policy.
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The ANC 2022 national conference resolved that the government “must review” the 1996 accession without reservations to the 1951 UN Convention Relating to the Status of Refugees and the related 1967 protocol. But the ministerial text message on the White Paper sketches a different take â€` withdrawal from the UN agreements because South Africa joined without any reservations, the jargon for qualifications that allow a state to deviate from a specific convention provision.
“All countries of the world ratified with reservations in the interests of their citizens. We will re-enter the conventions afresh with reservations,” messaged Home Affairs Minister Aaron Motsoaledi, also announcing the White Paper’s proposed repeal of the immigration, citizenship and refugee acts.
“Once Cabinet gives the white paper a go-ahead, we will release it for public comment. It will be your time cdes [comrades] to reshape the destiny of our country.”
Strictly speaking, Motsoaledi’s claims on the UN refugee convention are not quite accurate.
To date, 149 state parties have signed up, many without any reservations, according to the UN refugee agency, UNHCR. A broad-sweep overview shows most often reservations are on refugees’ work permit exemptions and the right to limit refugees’ freedom of movement and residence, effectively opening the door to encampment, which is not South Africa’s domestic policy.
If South Africa decides to withdraw from the UN refugee convention and protocol, it’s not effective until a year later. Mentioned nowhere is withdrawing from the African Union’s Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa that embeds many of the UN refugee protection measures.
The Home Affairs ministry was asked for detailed comment, including on the White Paper publication date, the impact of withdrawing from the international convention on South Africa’s global obligations and concerns that the proposed withdrawal alongside a new immigration and citizenship regimen could fan anti-foreigner sentiments.
“When the department releases the White Paper for public comment, after Cabinet approval, it will also issue an official statement that will answer your questions,” was the official response. It came some 24 hours after the initial 48-hour period for comment.
Also approached for comment, the ANC did not respond over several

days.
South Africa’s proposed policy and legislative changes on the migration front come amid persistent anti-foreign sentiments, often fanned by vigilante groupings like Operation Dudula.
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Civil society groups repeatedly raised the alarm â€` in 2008, 62 people were killed in the worst outbreak of violence against foreign nationals â€` as did the UN amid the July 2022 violence. Sharp criticism followed Motsoaledi’s 2018 comments, while he was health minister, that foreign nationals overburdened public health.
Such sentiments re-emerged at the ANC 2022 conference in a resolution that the government must ensure the “problem” of migration in the health sector was “completely resolved by 31 December 2023 through the work of relevant government departments and in collaboration with multilateral bodies responsible for the welfare of refugees and migrants”.
It’s unclear why Home Affairs went the route of a White Paper, or policy statement, rather than straight away producing draft legislation to bring immigration, migration, citizenship and refugee matters into a single law.
That would be in line with the 2022 ANC national conference resolution, stating that the government needed to “completely overhaul” existing citizenship, refugee and immigration legislation to “introduce a single legislation…”, while abolishing the acquiring of citizenship by marriage and introducing “quotas on the employment of foreign nationals”.
These employment quotas “should go a long way in defusing the violence between South African citizens and foreign workforce”, the resolution says. But this is disingenuous as the existing Immigration Act stipulates that the government must ensure “the contribution of foreigners in the South African labour market does not adversely impact on existing labour standards and the rights and expectations of South African workers”.
It’s up to the government, broadly speaking, and Home Affairs specifically, to ensure laws are implemented properly, effectively and consistently.
The government’s current move to a single refugee, immigration and citizenship law was signalled by Motsoaledi in his Budget Vote speech on 17 May 2023.
“The three pieces of legislation namely, the Immigration Act of 2002, the South African Citizenship Act of 1995 and the Refugees Act of 1998 are obsolete and would be completely repealed … A new single legislation dealing with immigration, citizenship and refugee protection will be introduced as is now the international trend…
“The current practice of migrants challenging the unfavourable decisions in long-drawn court process[es] would be discouraged,” Motsoaledi said then.
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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...
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- Individuals are advised to seek professional guidance.

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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.

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

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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.

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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.

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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.

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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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