Introduction

On the 3rd of July 2024, a new era began in the Department of Home Affairs. For the first time since the first government of South Africa, the Minister of Home Affairs is not a member of the ANC. Dr. Leon Schriber takes on the role facing numerous challenges, including a visa backlog, the ZEP and LEP debacles, and a reputation for non-compliance with court orders. With a PhD in Political Science and experience as a researcher focused on reforming dysfunctional institutions in developing countries, there is optimism that he is the man to steer this ship from choppy waters and put it on a path to becoming an economic growth enabler and an engine for social cohesion in the country.

First 100 Days: Key Indicators

As with any new government, the focus within the first 100 days will be a key indicator of whether this administration will contribute positively and make a real impact on the country or become another footnote in the history of failed administrations. Here are some key issues which, if tackled, will lead to meaningful change from an immigration perspective.

Addressing the Visa Backlog and Processing Delays

The immediate issue requiring attention is resolving the visa backlog. On the 30th of June, the temporary visa concession protecting many individuals with pending applications expired. The Minister has now moved to extend the concession to the 31st of December 2024, providing much-needed relief to those affected by the backlog. This urgent intervention, along with his comments in the media and his background, has contributed to the positive sentiment surrounding the new administration. However, this is a classic case of treating the symptoms rather than the root problem. Between 2014 and 2020, the DHA’s adjudication hub was a well-oiled machine, delivering results on time with a degree of predictability. The inefficiencies leading to the current backlog need to be addressed by reversing the changes made by his predecessor. Delegating some powers back to the Director-General and the department, who have both the capacity and institutional memory to effectively handle these issues, is one of the necessary changes.

Improving Adjudication Standards

The Minister needs to address the poor and inconsistent decision-making on visa applications. A high number of rejections for qualifying applicants has been a persistent problem. Between 2021 and 2023, the department’s statistics on critical skills visas show a sharp decline in approval ratios. In 2021, only 35% of the 5,241 critical skills applications received were approved. This ratio dropped to 10% in 2022 and 16% in 2023. By September 2023, only 303 critical skills work visas had been approved, a slight increase from 2022. This is remarkably low compared to the 7,393 critical skills work visas issued between 2018 and 2020.

Inconsistency in decision-making is another issue. Two individuals with the same qualifications and experience, even working for the same company, can receive different visa outcomes. This inconsistency is so frequent that it’s not surprising to see a family application approved for one child and rejected for another. These issues highlight problems within the adjudication process. Throttling the number of critical skills visas is concerning, especially when these individuals are needed to drive economic growth. Poor adjudication results also frustrate those who qualify for visas but face constant rejections. The system must work better to distinguish between compliant individuals and those who are not. Currently, trying to comply appears to be more punishing than choosing not to.

Transparency in Citizenship Applications

One of the biggest casualties of the previous administration has been the civic affairs sections, particularly in citizenship applications. The process has become a bureaucratic nightmare, with different offices having different requirements and procedures. This issue is worsened by the deliberate removal of key information, such as the citizenship page from the DHA website. The Minister needs to ensure transparency in citizenship requirements, provide clear timelines for processing applications, and standardize submission procedures across the country. Additionally, the directive limiting ID application centers for those with green barcoded ID books must be withdrawn. Currently, only four offices in Johannesburg are designated for this, requiring individuals to travel long distances for ID applications. Speeding up the issuance of smart IDs to all citizens and permanent residents, as mandated by the SA Identification Act, would be a long-term solution.

Addressing Policy and Statutory Matters

Several statutory instruments need attention. The recently published amendments to the Immigration Regulations must be revisited, particularly the income threshold for the Remote Worker Visa and the points-based system. These regulations are currently incomplete, rendering parts of the Immigration Act, such as applications for the general work visa, inoperable. They seem rushed and do not clearly address the bottlenecks they aim to solve. The Regulations to the Citizenship Amendment Act of 2010 also need to be published. At present, there are no regulations giving effect to the naturalization provisions for children born in South Africa to non-citizen parents who have lived in South Africa for over 18 years, despite the Act affording these rights since 2013. These regulations were published late last year but were subsequently withdrawn without explanation, coinciding with the removal of the citizenship page from the DHA website.

On the policy front, the DA has a pragmatic approach to immigration. While there isn’t enough space to detail their seven policy positions on migration, they are well-articulated and aim to balance the need to secure state borders and its citizens with the economy’s need for skills and investments to drive growth. Policy plays a crucial role in setting the tone of the department, influencing how officials treat visitors. The previous administration’s negative view on immigration has made it progressively difficult to obtain a South African visa or enter the country. This blind enforcement has cut off investment opportunities and skills necessary for economic growth. Ensuring that immigration enforcement is conducted with dignity and respect for human rights will promote economic growth and social cohesion.

Conclusion

Dr. Schriber faces a daunting task, but there is much goodwill and optimism for his tenure as Minister of Home Affairs. His first five days in office have been positive, and there is hope that his leadership will transform the Department of Home Affairs into a body that promotes economic growth and social cohesion. The next 100 days will be crucial in setting the tone for his administration and determining the future direction of South Africa’s immigration policies.