On Wednesday, President Cyril Ramaphosa will take the oath of office for his second term, marking the inauguration of the 7th administration for the Republic of South Africa. This new administration promises to be intriguing as it includes representatives from all political parties forming the Government of National Unity. As we anticipate this new leadership, several questions arise about its policies, particularly on immigration. Will the approach remain nationalist and enforcement-focused, as seen under the previous ANC government, or will it adopt a more liberal and pragmatic stance as advocated by the Democratic Alliance?
As we await answers to these questions, we reflect on the current immigration landscape that the new administration will inherit. The past term has been particularly challenging from an immigration perspective. Since the end of the COVID-19 pandemic, the Department of Home Affairs has faced numerous issues, the most pressing of which is the substantial backlog of pending applications. By the end of February 2024, this backlog had surpassed 92,000 applications, an increase of 20,000 from previous figures. This surge appears to stem from internal inefficiencies unique to the previous administration’s period. Before 2019, the Department of Home Affairs had significantly improved visa processing times, offering predictable and timely outcomes. Addressing this backlog will undoubtedly be a priority for the incoming government.
Policy and legislative uncertainty were also hallmarks of the previous administration. A white paper published earlier this year faced widespread criticism for lacking substantial policy positions and instead presenting numerous complaints about excessive litigation against the department. It also suggested withdrawing from several international conventions on the rights of refugees and migrants, to which South Africa is a signatory. This paper replaced the more progressive and comprehensive 2017 white paper on international migration, which had aimed to position South Africa as a continental leader while balancing the needs of its citizens. The clarity and forward-thinking of the 2017 white paper stand in stark contrast to the current one, which seems misaligned with the presidency’s Operation Vulindlela project.
On the legislative front, the recently published regulations, though introducing some positive changes, have significant issues. The Remote Working Visa, while a step forward, is hindered by an unreasonably high income threshold of R1 million per annum, likely limiting its attractiveness. Changes to the critical skills regulations also fall short, failing to reconcile visa requirements with the admission and skills recognition criteria of various professional bodies. Although the regulations now allow submission with proof of application for membership, a skills confirmation letter is still required, leaving a critical issue unresolved. Additionally, the regulations are incomplete; the amendments for the General Work Visa require a set number of points for issuance but fail to specify the points required or the calculation method, rendering the visa effectively inoperable.
Ultimately, the 6th administration saw few positive developments in immigration. The increasing backlog, high rejection rates, policy inconsistencies, and incomplete regulations have left many hopeful for substantial improvements from the new administration. The appointment of the new Minister of Home Affairs will be an early indicator of the new government’s direction and intent. As South Africa enters a new era of Government of National Unity politics, there is a sense of hope and great expectations among industry stakeholders and the clients they serve, eager to see what changes and improvements the new administration will bring.