In my 12 years of working in the field of SA immigration, I have written many an article on many aspects of SA immigration. But none of these articles have ever been so difficult to put to paper as this...
Category: General
Inauguration and Immigration: Challenges and Hopes for South Africa’s New Administration
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...
Landmark Constitutional Court Ruling Strengthens Family Rights in Immigration: Key Sections Declared Inconsistent, Opening Path for Visa Re-evaluation and Work Rights
The significance of the right to family life and the preservation of the family unit, integral to the right to dignity as outlined in the constitution, has once again emerged as a focal point, reshaping the landscape of immigration. In...
Landmark Decision: South Africa Issues New Exemption Permits for Zimbabwean and Basotho Nationals
Today, the Minister of Home Affairs has published Directives 3 and 4 of 2023 in the Government Gazette, implementing the Minister’s decision to grant new exemption permits for Zimbabwean and Basotho Nationals who have been residing and working in South...
Employment prospects for foreign graduates in South Africa
Can foreign national graduates of tertiary institutions in South Africa enter the South African job market? On 21 April 2016, the Minister of Home Affairs (“Minister”) granted a waiver allowing foreign national graduates of tertiary institutions in South Africa who...
The Termination of the Zimbabwe Exemption Permit Program-Testing the Principle of Separation of Powers
The termination of the Zimbabwe Exemption Permit Program has been the most contentious immigration issues of the year. In November of 2021 the Government announced that it would not be continuing with the Program, a move which put the future...
The importance of fair labour practices in the context of Immigration Law
The purpose of this article is to give insight into how best to manage the risks associated with South African work visa applications for both foreign nationals and companies employing foreign nationals. The Immigration Act 13 of 2002 (“Act”) allows...
The legal position with regard to the detention of foreigners
In the past week several media outlets ran with headlines that suggested that the Minister of Home Affairs had authorised law enforcement officers to conduct spot checks to ascertain a persons nationality. The news came with major concerns and widespread...
South African Citizenship: Restorative Justice Through the Retrospective Effect of the South African Citizenship Amendment Act 17 of 2010
The South African Citizenship landscape has often been a tool of political headwind resulting in an ever-changing landscape. Pre 1994, the government of the day used the Citizenship Act as a tool to define who could access membership to the...
SA Immigration Update – February 2022
The year 2022 has gotten off to a very busy start on the immigration front. Starting off with the grace period for ZEP permit holders ,followed by the withdrawal of the SA graduate waiver for foreign students who graduate with...