29 Oct The President vs. Home Affairs

In South Africa, the president is not directly elected by citizens but chosen by the parliament, which itself is formed through proportional representation. President Cyril Ramaphosa, leader of the African National Congress (ANC), was reelected under this system, despite the ANC losing its parliamentary majority in the May 2023 election. Ramaphosa now leads a coalition government, comprising the ANC, the Democratic Alliance (DA), and the Inkatha Freedom Party (IFP).

This political shift signifies a potential change in governance, which could directly impact major legislative reforms, especially in immigration.

Home Affairs White Paper: The Push for Immigration Reform

One of the most significant changes Ramaphosa’s coalition faces is reforming South Africa’s complex immigration laws. The Department of Home Affairs (DHA) has recently published a White Paper that seeks to overhaul the nation’s immigration, citizenship, and refugee systems. The White Paper consolidates existing legislation into a unified legal framework and aims to streamline immigration processes.

The paper introduces several key reforms, including:

• A points-based system for work visas: This system assesses visa applicants based on their skills and qualifications, potentially simplifying the path for highly skilled workers.
• Digital nomad visa: This visa enables foreign nationals working remotely for overseas employers to live in South Africa, contributing to the economy.
• Unified legislation: The Citizenship Act, Refugees Act, and Immigration Act will be consolidated, ensuring a more cohesive legal framework for dealing with immigration and citizenship.

The President vs. Home Affairs: A Struggle for Control

While the President’s administration has supported some of these reforms, there is a growing tension between the Presidency and Home Affairs over the pace and direction of the immigration overhaul. Critics argue that the White Paper has been rushed, with concerns about the DHA’s capacity to implement the proposed changes effectively.

Additionally, the plan to repeal the Refugees Act and integrate it into a broader immigration framework has sparked significant controversy. Some stakeholders believe that this move could weaken protections for refugees and asylum seekers, leading to potential legal challenges.

Ramaphosa’s coalition must navigate these challenges while ensuring the changes benefit South Africa’s economy, address unemployment, and protect the country’s most vulnerable communities. The ANC’s coalition with the DA and IFP may provide enough political support to push the reforms through parliament, but the implementation remains a critical concern.

The Road Ahead

As South Africa faces widening inequality, rising unemployment, and a struggling economy, immigration reform is seen as a vital part of Ramaphosa’s strategy for economic recovery. The President’s vision of a reformed immigration system aligns with his broader economic goals, but the execution lies in the hands of the DHA, which has struggled with processing backlogs and efficiency issues in the past.

The final version of the White Paper will soon be submitted to parliament. If passed, the reforms could reshape South Africa’s immigration landscape, making it more accessible for foreign workers and investors. However, the government’s success in implementing these changes will be closely watched, both domestically and internationally.

Navigating South Africa’s evolving immigration system can be complex. At June Luna Immigration Attorneys, we specialise in helping clients understand and adapt to these changes.

Contact us today for expert guidance on securing residency, work visas, or navigating the new digital nomad opportunities. Our team is here to help you every step of the way.