29-03-2024 13:08:28 (GMT +02:00) Pretoria / Cape Town, South Africa

Let us hope the visa landscape shifts from obstruction to collaboration
12. Jan. 2024 Business Day

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

More related News

 
Home Affairs blocked from deporting ‘critical skills’ Czech executive
26. Mar. 2025 Moneyweb
  Students in limbo as higher education dept deregisters Damelin, Lyceum College and CityVarsity
26. Mar. 2025 News24

Dzmitry Dzenisiuk was deployed to SA in 2014, with his wife joining him under a spousal visa. Both applied for visa extensions in February 2021. Image: Moneyweb The Department of Home Affairs (DHA) has been blocked by the Pretoria High Court from deporting a foreign worker and his wife, both of whom had been refused visa extensions, based on its failure to properly consider the documents supplied in their visa applications. This is the latest in a string of court losses notched up by Home Affairs. In the latest ruling, the high court ruled that the decision not to renew the visa of two foreign nationals must be set aside and returned to Home Affairs for reconsideration. V.5260
Click here for full article


 

Damelin, CityVarsity, Icesa City Campus and Lyceum College are reportedly being shut down after failing to submit their financial statements for 2021 and 2022. • The department of higher education has cancelled the registrations of Damelin, CityVarsity, Icesa City Campus and Lyceum College. • The announcement was made in the Government Gazette on Friday. • The department`s action follows the failure by the owner of the colleges, Educor, to submit audited financial statements for the 2021 and 2022 annual reports. The fate of hundreds of thousands of students registered with Damelin, CityVarsity, Icesa City Campus and Lyceum College hang in the balance after the institutions` registrations were cancelled by the department of higher education. V.5261
Click here for full article


SA government tackles companies hiring undocumented foreigners
28. Mar. 2024 SA people News
  Govt to crack down on unaccompanied children entering SA through borders
28. Mar. 2024 EWN

Employment and Labour Minister, Thulas Nxesi has warned South African companies against hiring undocumented foreigners. Minister Thulas Nxesi of Employment and Labour (DEL) has strongly warned South African companies against hiring undocumented foreigners. THINGS TOUGHEN UP FOR UNDOCUMENTED FOREIGNERS DEL has given a stern warning to all South African companies should they employ foreigners who are undocumented they shall be fined. This comes after a Zimbabwean nation Kudakwashe Mpofu, who was working as the Chief Financial Officer (CFO) in the North West Development Cooperation while illegally in the country, appeared in the Pretoria Magistrate’s Court on Wednesday. According to IOL Nxesi’s statement follows Home Affairs Minister Aaron Motsoaledi’s call for stricter penalties on employers who knowingly employ undocumented foreigners, just a month ago. V.5263
Click here for full article


 

The Border Management Authority wants Zimbabwean children entering South Africa by themselves to carry their passports. A South African National Defence Force (SANDF) soldier walks along the border fence that separates South Africa and Zimbabwe, near the Beitbridge border post, near Musina, on January 8, 2021. Picture: Guillem Sartorio/AFP JOHANNESBURG - The Department of Social Development and the Border Management Authority (BMA) say they will crack down on the influx of unaccompanied children entering the country through the Beitbridge and Grobler`s Bridge borders. This follows a meeting with Zimbabwean authorities who discussed how operations would be intensified to put a stop to the practice during the Easter long weekend. Border management said Zimbabwean children entering South Africa by themselves must carry their passports. V.5264
Click here for full article


Scores of undocumented foreigners deported after daring escape
28. Mar. 2024 IOL
  Questions over Home Affairs’ high customer satisfaction statistics
28. Mar. 2024 The Mercury

The department of Home Affairs has deported thousands of undocumented foreign nationals after a daring escape that took place at the Lindela Repatriation Centre in Krugersdorp last week. The department confirmed last week that it would also be investigating an escape of 69 undocumented foreigners, and look into a nearly R60 million contract it pays annually to the security company that was on duty when the escape took place. V.5265
Click here for full article


 

Home Affairs Minister Aaron Motsoaledi outlined the customer satisfaction statistics in his response to a recent parliamentary question from Cope president Mosiuoa Lekota regarding the progress made in resolving the myriad issues faced by clients. While a 2022/2023 Home Affairs survey showed generally high satisfaction scores from clients for the service they received at the department’s offices, opposition parties have said the statistics are misleading. Home Affairs Minister Aaron Motsoaledi outlined the customer satisfaction statistics in his response to a recent parliamentary question from Cope president Mosiuoa Lekota regarding the progress made in resolving the myriad issues faced by clients. “Customer satisfaction score for each service channel was generally high with scores above 70%. However, harbours and airports had the highest satisfaction score of over 90% whereas refugee centres had the lowest score of 73%,” the minister said. V.5266
Click here for full article


Immigrants not to blame for high crime, graft in SA, state witness
25. Mar. 2024 Sunday World
  South Africans love Home Affairs for its effectiveness, says Motsoaledi
25. Mar. 2024 Businesstech

The high levels of crime, unemployment, and poor public healthcare in South Africa are not caused by immigrants, but by the government’s poor governance and corruption. The blaming and scapegoating of immigrants for South Africa’s socio-economic problems arises primarily because of the failure of government policy. Also blamed is implementation, mismanagement, and corruption. This in all the education, health, and housing provisions. V.5253
Click here for full article


 

Home Affairs Minister says his department is “generally praised for its effectiveness”, and the data collected by the department is evidence of this. In a recent parliamentary Q&A, the Minister of Home Affairs, Aaron Motsoaledi, was asked whether his department had solved the problem of long queues and denial of service on reaching the counter after a long time in the queue. The question also included an inquiry into his findings on citizen satisfaction with the service provided by his department. In response, Motsoaledi said customer satisfaction and waiting times are constantly monitored across all DHA branches and noted the average waiting time inside an office is reasonably quick, albeit with some caveats. V.5257
Click here for full article


New immigration laws for South Africa coming, five years too late
25. Mar. 2024 Businesstec
  Spain’s digital nomad visa one year on: How are remote workers and locals getting along?
25. Mar. 2024 Euronews

The Department of Home Affairs plans to introduce new amendments to South Africa’s immigration laws missing a Constitutional Court deadline by five years. In 2017, Lawyers for Human Rights took the Minister of Home Affairs and others to court over the treatment of detained foreign nationals. The Constitutional Court ruled that sections 34(1)(b) and (d) of the Immigration Act of 2002 were invalid and unconstitutional. V.5258
Click here for full article


 

Spain introduced its digital nomad visa last year. Here`s how it`s going so far. A year after Spain launched a special digital nomad visa to encourage foreign business talent to move to the country, it has met with muted success. Some 300 foreign nationals were granted the visa up until 31 December 2023, the Spanish Foreign Ministry said, but it did not disclose their nationalities. The relatively small number may relate to the problems encountered by some applicants keen to make a new life under the Iberian sun. Some said it was hard to fulfil all the visa’s demands like proving they pay social security in their own country. Others complained of the endless paperwork involved in the process. Euronews Travel spoke to visa experts, applicants and locals to find out more. How easy is it to get a digital nomad visa in Spain? V.5259
Click here for full article



Search
South Africa Immigration Company