Beyond addressing the backlog, home affairs needs to engage more with stakeholders
As we step into 2024 it is necessary to cast a retrospective eye on the intricate tapestry of SA immigration and citizenship law that has been woven over the past few years. The seismic waves of the Covid-19 pandemic have not only disrupted lives and businesses but also intensified challenges within our immigration system, resulting in formidable backlogs.
In a year that tested our resilience we found ourselves at the forefront, spearheading nearly 90 high court cases, including four pivotal delay cases that encapsulated the frustration of about 800 applicants waiting on waivers or visas. Despite our victory in the Supreme Court of Appeal, where the court emphasised the minister’s ultimate responsibility for the department of home affairs’ actions and criticised obstructive and dilatory stances, the delays persisted.
These legal battles, spanning family ties, skills, business ventures or financial contributions to SA, underscore the pressing need for streamlined immigration processes. The court’s condemnation of the department’s unconscionable and disgraceful approach further highlights the urgency of reform within home affairs.
Amid these trials a glimmer of hope emerged. The home affairs parliamentary portfolio committee demonstrated commendable diligence in holding the minister to account for the backlog. Its proactive stance, devising solutions and aiding the public with applications, is a positive stride forward. In addition, the extension of the Zimbabwe exemption permit and Lesotho special permit offers a lifeline to nationals from these countries, providing sustained stability for those who call SA home.
A landmark Constitutional Court judgment marked a paradigm shift, allowing foreign spouses of South Africans with children in the country to transition from visitor visas to other visas. This ruling also extends the privilege to foreign parents, enabling them to work on a relative visa. It is a pivotal development that acknowledges and bolsters family units within immigration matters.
However, amid these positive developments a less auspicious event demands attention the recently published white paper on migration. It erroneously attributes SA’s migration issues to bad laws rather than flawed implementation, particularly misguided international law. This misdiagnosis forms the crux of the paper’s shortcomings.
The misidentification of the root causes of the migration crisis in the white paper is concerning. It argues that the issues arise from flawed laws, sidestepping the department’s responsibility and incorrectly assuming foreigners are a net negative. The core mistake lies in assuming SA’s refugee laws primarily result from international law, overlooking their direct derivation from the SA constitution. Even if SA withdraws from the relevant treaties, the constitutional obligations will persist.
Then, less than a week ago, we encountered a publication headlined “Leaked memos expose SA’s visa chaos”, which shed light on the daunting challenges confronting the department. The leaked memo, with its stark assessment and warnings of security risks, court-ordered queue jumps and hindrances to skilled overseas applicants, adds an additional layer of concern. While the accuracy of the figure of a backlog of 95,000 visa applications remains uncertain, the undeniable substantial backlog demands immediate attention.
The leaked internal document, dated November 2023, reveals the dire situation within the department. It emphasises the escalating litigation and legal costs due to the department’s struggle to promptly adjudicate permits, underscoring the prevalence of class action cases and mandamus applications that put pressure on all involved parties. Criticising rushed adjudication processes, the memo references a delay case initiated by DSD Attorneys (in collaboration with Visa One) that, following an appeal, emerged victorious in the Supreme Court of Appeal in 2017.
The leaked document rightly highlights persistent

issues since the judgment, underscoring the strain on the department. However, it suggests three misguided points: questioning applicants’ locus standi (resolved in 2017), implying lawyers push litigation for queue-jumping (not our approach), and advocating departmental opposition to class actions (questionable).
The memo also claims that individuals without financial means can’t litigate, deeming it unfair. Contrary to this, we actively engage in pro bono, reduced fee or capped fee matters, assisting those with limited resources in pursuing their legal outcomes. Frustration arises not from the need for immediate action but from the lack of any response. The focus should shift to a constructive response, acknowledging the impact on disrupted lives. It’s time for the department to take responsibility, address internal challenges and avoid blame-shifting, guiding its actions accordingly.
Recognising the nuanced dynamics within this challenging landscape is vital. The memo portrays foreigners as seemingly “jumping the queue,” contributing to the backlog. It’s essential to emphasise that individuals enforcing their rights through legal action aren’t merely “jumping the queue” but compelling the department to adhere to its own rules.
While imposing stringent rules on foreigners, the department appears to struggle with compliance, leading to the backlog and numerous high court cases. This underscores the urgency to clear the backlog and reinstate the fulfilment of duties and laws. These dynamics mirror the expectations placed on foreigners, who often face perceived harshness and apparent relentlessness.
The surge in litigation is a manifestation of the desperation felt by applicants who, with little recourse, resort to legal avenues. Litigation is emotionally and financially draining, time-consuming and often yields noncompliance from the department. Yet the prevalence of legal actions highlights the gravity of the situation and the lengths people are forced to go to secure their rights.
In light of these challenges it is imperative to shift the focus from condemning those enforcing their rights to addressing the root cause the department’s struggle to adhere to its own rules and comply with court orders. The excessive litigation should serve as a stark reminder of the urgent need for systemic reform within the department.
Looking ahead, it is our earnest hope that the department will take a decisive step in getting its ducks in a row. Beyond addressing the backlog, we advocate for a more collaborative approach, actively engaging with stakeholders and fostering open communication. Let 2024 mark a shift from blame to action, where the department works hand-in-hand with all involved parties, including legal practitioners, to streamline immigration processes.
Our vision extends beyond mere clearance of backlogs; we hope for a year of positive transformation marked by increased responsiveness, engagement and openness. It is essential for the department to shed defensiveness and embrace a collaborative spirit, understanding that immigration lawyers share the same objective to ensure that deserving individuals can live lawfully in SA. This shared goal is not only for their benefit but also for the greater good of the SA people and its economy.
Let 2024 be a year of progress and inclusivity for all, where the department actively collaborates with stakeholders, responds to challenges with agility, and operates with transparency. The promise of positive change lies not only in clearing the backlog but in creating a more efficient, welcoming and just immigration system that aligns with the aspirations of the department and benefits the nation as a whole.
• De Saude Darbandi is director of DSD Immigration Attorneys V.5165

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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