Minister Aaron Motsoaledi’s indifference to the plight of those affected by his decisions is appalling
In the tumultuous seas of immigration law, where uncertainty looms and families are left adrift in bureaucratic limbo, the department of home affairs has emerged as a sinking ship. As a director of a firm of immigration attorneys I’ve witnessed first-hand the dire consequences of the department’s negligence and incompetence. Today, I raise my voice not just as an attorney but as a concerned citizen, urging for a radical overhaul to salvage what remains of our immigration system.
We have tirelessly fought battles in the courtroom against home affairs’ disregard for agreed-upon time frames. Countless cases have landed on our desks, each one a testament to the systemic failures plaguing the department. We’ve seen cases where contempt applications were the only recourse, as the department brazenly ignored court orders.
Let’s quantify the magnitude of this crisis. We have launched more than 100 cases since the start of the backlog, including three significant delay cases encompassing over 800 pending applications. Despite our efforts, home affairs has blatantly disregarded 28 court orders, compelling us to pursue 16 contempt applications. While we continue to grant extensions in some instances, it is becoming increasingly evident that legal action is inevitable.
In 10 cases we’ve escalated matters to contempt proceedings, securing further court orders affirming the minister’s contempt and mandating immediate action to avert potential imprisonment. Shockingly, the minister has remained obstinate, defying court directives with impunity. In one recent instance we reached the point of informing the state attorney that unless a resolution is reached within five days we will pursue legal action against the minister personally.
These actions are not taken lightly. We are driven not by a desire for confrontation but by the relentless refusal of the minister to heed our pleas. These appeals span years, not mere weeks or months, and their dismissal only deepens the frustration and despair of those affected by home affairs’ negligence. What message does this send to the countless individuals and families whose lives hang in the balance? It’s a travesty of justice when those seeking lawful immigration find themselves treated like criminals, while the true perpetrator ` the department itself` escapes accountability.
Time and again we’ve witnessed the minister’s erratic behaviour, epitomised by his reckless publication and subsequent withdrawal of regulations. His actions have only served to deepen the chaos within the department. How can we trust a system where regulations are issued hastily, revoked arbitrarily, and contradicted in media briefings?
Indifference
The minister’s indifference to the plight of those affected by his decisions is appalling. Families torn apart, dreams deferred and futures uncertain, all casualties of his mismanagement. His nonchalant dismissal of the backlog, coupled with blatant falsehoods about its composition, underscores his detachment from reality.
What must the minister do to restore confidence in the system? First and foremost, he must acknowledge the gravity of the situation and take responsibility for the department’s failings. Transparency and accountability must become the cornerstones of his leadership. He must work tirelessly to address the backlog, ensuring that no family is left stranded in bureaucratic purgatory.
Furthermore, the minister must engage in meaningful dialogue with stakeholders, including legal professionals, immigration advocates and affected individuals. Collaboration is key to finding sustainable solutions

to the myriad challenges facing our immigration system.
In the face of such egregious failures it is imperative that we address not just the symptoms but the underlying causes of dysfunction within home affairs. This requires a comprehensive examination of its institutional culture, its processes and its capacity to fulfil its mandate effectively.
One glaring issue is the chronic underinvestment in resources and infrastructure within the department. Overwhelmed caseworkers, outdated technology and labyrinthine bureaucracy have created a perfect storm of inefficiency. It is no wonder that applications languish for years awaiting processing, while families suffer the consequences of administrative inertia.
In addition, the lack of accountability within the department is deeply troubling. When court orders are flouted with impunity, when directives are issued and rescinded on a whim, it erodes public trust and undermines the credibility of our institutions. The minister must be held accountable for his actions or lack thereof, and mechanisms must be put in place to ensure the rule of law prevails.
Fundamental revaluation
Furthermore, the department’s approach to policymaking must undergo a fundamental revaluation. Too often decisions are made in isolation, without meaningful consultation with stakeholders or consideration of their broader implications. This unilateralism breeds confusion, frustration and ultimately injustice. We need a more inclusive, transparent and evidence-based approach to policy development, one that prioritises the needs and rights of those affected by immigration decisions.
But, perhaps most importantly, we need a paradigm shift in how we view immigration. It’s not just about processing paperwork or enforcing regulations; it’s about recognising the humanity and dignity of every individual who seeks to call our country home. Immigration is not a threat to be managed or a problem to be solved; it’s an opportunity to enrich our society, to build bridges across cultures, and to create a more prosperous and inclusive nation for all.
Should the minister fail to fulfil these critical steps and should he neglect to establish an immigration advisory board comprising individuals with the requisite expertise, including representation from stakeholders such as ourselves, then we must draw a line. We cannot continue to beseech him to recognise the gravity of his role and responsibilities.
We cannot continue to tolerate this level of incompetence and disregard for the law. We call upon the president to intervene, to enact a much-needed shuffle within the department of home affairs leadership. We demand competence, integrity and a genuine commitment to upholding the principles of justice and fairness.
The crisis at home affairs is not just a legal or administrative issue; it’s a moral imperative. We cannot turn a blind eye to the suffering and injustice inflicted upon countless individuals and families. We cannot allow incompetence and indifference to define our immigration system. We must demand better, and we must hold our leaders accountable for delivering it.
We cannot afford to let the department continue its downward spiral unchecked. Let us stand united in demanding accountability, transparency and justice for all those affected by its failings. Our immigration system is at crossroads, and the path we choose will shape the future of our nation. Let us choose wisely. V.5307

There are fears that more people will be separated by the introduction of a minimum salary level for those wanting UK family visas. Families living in the UK and abroad have raised concerns about what new rules will mean for them as they try to reunite with foreign spouses. In December, the Home Office, which says migration to the UK is too high, announced a package of measures to reduce net migration, following a spike in arrival numbers. V.5318
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An Ethiopian asylum seeker, who does not speak English, claims he was duped by a senior immigration official into paying an admission of guilt fine when he thought he was paying for bail.Two Western Cape High Court judges have condemned the official`s `deplorable` behaviour, set aside the fine, and ordered the immigration official be taken off the case. Tsegaye Esyas claims Annelise van Dyk treated him like an animal which led to him attempt suicide while in police cells. V.5320
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EREMY MAGGS: I want to stay with crime now. Individuals with a criminal record may be faced with significant challenges when seeking employment, I think that’s a given. Here in South Africa, employers may legally exclude an applicant from consideration for a position if having a clean criminal record is what is termed an inherent requirement of the job. That phrase, inherent requirement, is important, but what exactly does that mean, and when can an applicant be lawfully excluded for having a criminal record? V.5321
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As a South African who has adopted a nomadic work lifestyle alongside my wife, Ingrid Lotze, I’ve been an interested observer of South Africa’s snail-pace digital nomad visa (DNV) development process. Despite the optimism surrounding its introduction, the visa seems to miss several crucial marks for digital nomads like us. V.5322
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DA MP says hours lost continue to result in persons being unable to collect their ID documents due to unmanageable queues The DA has been inundated with complaints that the Department of Home Affairs (DHA) systems are offline, resulting in long queues and delayed processing of documents. Through questions posed to the Minister, the DA can now reveal that the DHA has lost over 77 years’ worth of working hours due to system downtime and load-shedding from 2019 to date. Concerningly, this data only relates to hours lost for the application of smart IDs, meaning decades more of working hours could have been additionally lost in other spheres such as passport or visa applications. V.5314
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Home Affairs’ seemingly endless court battles set the department back more than R110-million between April 2023 and the end of February this year. This was revealed in a written parliamentary response by minister Aaron Motsoaledi. He said the department accumulated a litigation bill of R117 692 996.3, higher than the R72 637 944.51 spent the year before. V.5315
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Airports Company South Africa (ACSA) this week revealed that Cape Town International Airport (CTIA) has achieved a ground-breaking milestone by processing more than 10 million passengers over a single financial year. This is the highest number of regional and international passengers processed since COVID-19 V.5316
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In recent years, South Africa has seen a significant influx of immigrants from various African countries, as well as other parts of the world. This has raised important questions about the country`s immigration policies and their impact on job creation for both locals and immigrants. The South African immigration system, like many other countries, is a complex and ever-evolving process that aims to balance the country`s economic needs with its social and cultural interests. Let`s take a closer look at how this system intersects with job creation in South Africa. The South African government implemented the Immigration Act of 2002, which outlines the country`s immigration policies and procedures. Under this act, foreigners are required to obtain a visa or permit to enter, work, or study in South Africa. The type of visa or permit required depends on the intended purpose of the individual`s visit and their country of origin. V.5312
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Due to system downtime and load-shedding, the Department of Home Affairs (DHA) lost nearly 141,000 hours of Smart ID application and production time between the 2019/20 and 2022/23 financial years. Minister Aaron Motsoaledi revealed this figure in a recent response to questions raised in Parliament by Democratic Alliance MP Adrian Roos. Motsoaledi provided a breakdown of smart ID production and application hours lost to technical difficulties and load-shedding per province for each financial year from 2019/2020. These disruptions hit home Affairs offices in the Eastern Cape the hardest, with over 34,000 hours to rotational power cuts and system downtime. Mpumalanga offices lost the next-highest number of hours at 17 V.5313
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Home Affairs Minister Dr Aaron Motsoaledi has said the public has shown great support for the final White Paper on citizenship, immigration and refugee protection which appeared in the Government Gazette on Wednesday. Briefing the media, he addressed what he saw as a long-overdue need to replace an outdated Citizenship Act, as well as enact proposed changes to existing legislation. V.5306
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