CITIZENSHIP WHITE PAPER
Home Affairs Minister Aaron Motsoaledi announced the publication of the White Paper on Citizenship, Immigration and Refugee Protection for public comment on Sunday. He called for South Africa to ‘press the reset button’ when it came to international agreements on refugee protection.
When Minister of Home Affairs Aaron Motsoaledi announced the publication of the White Paper on Citizenship, Immigration and Refugee Protection for public comment on Sunday, he called for a complete overhaul of the migration system in South Africa. He further advocated for the country’s temporary withdrawal from international agreements on refugee protection.
The draft policy, which has been in the works for four years, is intended to provide a framework for the granting of residency and citizenship to foreigners, as well as for the protection of refugees and asylum seekers in South Africa. Cabinet approved the publication of the White Paper for public comment earlier this week.

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There have been consistent loud voices calling for effective policy measures and legislative interventions dealing with migration in South Africa. These voices grew louder as violent clashes between foreign nationals and citizens reared their ugly heads. Many groups for and many groups against migration are gaining momentum,” Motsoaledi said at a press briefing on Sunday.
The draft policy proposes that South Africa should review and withdraw from two international agreements on refugee protection: the 1951 United Nations Refugee Convention and the 1967 UN Protocol Relating to the Status of Refugees. According to Motsoaledi, when the South African government acceded to these agreements in 1996, it had not yet developed a clear policy on migration, including refugee protection.
As such, he said, South Africa did not make any of the reservations or exceptions permitted in terms of international law when it joined the agreements. These reservations would have allowed the country to limit the socioeconomic rights afforded to refugees within its borders.
“It is not surprising that South African courts developed jurisprudence regarding asylum and refugees, in the absence of reservations and exceptions, which is unfavourable to the interests of the government,” said Motsoaledi.
“The White Paper proposes that the government of the Republic of South Africa must review and/or withdraw from the 1951 Convention and the 1967 Protocol with a view to acceding to them with reservations like other

countries.
“This White Paper proposal is not against the United Nations… We are saying that as a country, we need to press the reset button. It is us, not the United Nations, who in 1996… committed this error.”
Overhaul of citizenship, immigration and refugee policies
The policy framework proposed in the White Paper on Citizenship, Immigration and Refugee Protection is intended to replace three existing national policies:
• The Citizenship Act 88 of 1995;
• The Immigration Act, which is act number 13 of 2002; and
• The Refugees Act 130 of 1998.
“These pieces of legislation are not in harmony with each other. Piecemeal amendments were made without any policy framework whatsoever,” Motsoaledi said.
“The White Paper makes radical proposals regarding citizenship… The Citizenship Act and Births and Deaths Registration Act must be repealed in their entirety and be included in the single [piece of] legislation dealing with citizenship, immigration and refugee protection.”
The minister of home affairs should be empowered to declare an asylum claim made by an asylum seeker invalid if that person travelled through an alternative country that could have offered protection before reaching South Africa.
He added that the Border Management Authority Act would also need to be reviewed to align it with the new policy framework.
While Motsoaledi acknowledged that the Department of Home Affairs had “no idea” how many illegal immigrants there were in South Africa, he said that Immigration Services deported between 15,000 and 20,000 illegal foreigners each year.
Among the proposals in the White Paper were that the powers of immigration officers and the Inspectorate for Immigration Services be strengthened; and that an independent Immigration Division be established to deal with the granting of visas.
Motsoaledi said the minister of home affairs should be “empowered” to declare an asylum claim made by an asylum seeker invalid if that person travelled through an alternative country that could have offered protection before reaching South Africa.
“This policy framework would discourage asylum seekers who deliberately fail to apply for asylum at the first safe country which is a signatory to the 1951 [UN] convention, the 1967 [UN] protocol and the 1969 [Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa],” he said.
Motsoaledi further claimed that the new policy framework would “deter economic migrants who come to South Africa disguised as asylum seekers” V.5076

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.

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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.

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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