On 25 October 2024, the Department of Home Affairs (DHA) presented the 2024 Budget Review and Recommendations Report to Parliament. In the report, Minister Leon Schreiber identified the DHA's objectives for making South Africa a business destination of choice by setting 5 Immigration Service Targets in the new year, 2025. The aim of the Targets are to inter alia ensure that visa applications are processed timeously and that proper inspections (which we have seen in the recent months) are carried out within specific targeted areas. 

The Targets are undoubtedly aimed at addressing the massive backlogs the DHA has been beset with and which affects the legal status of foreign nationals in South Africa and also their employment.

The DHA has set the following objectives:

1. 85% of permanent residence applications for critical skills, general work and businesses visa holders collected within South Africa are to be adjudicated within 8 months. Currently this period ranges between 8 months and 2 years.
2. 95% of critical skills visa applications which are applied for from South Africa are to be processed within 4 weeks from date of application. Currently this period ranges up to one year.
3. 90% of business visa applications made in South Africa are to be adjudicated within 8 weeks from date of application. Currently this period ranges up to one year.
4. 90% of general work visa applications which are applied for from South Africa will be adjudicated within eight weeks from date of application. Currently this period ranges up to a year.  
5. 2 000 law enforcement operations or inspections are to be conducted for target areas to ensure compliance with the Immigration Act, 2002. The targeted areas include:  spaza shops, transport & logistics companies, farms, mines and restaurants. 

The overall aim is to ensure that the DHA creates an efficient visa application process in order to attract international investors and tourists, employers hire documented foreign nationals through regular inspections in the above targeted areas, and to maintain national security by allowing authorities to keep track of foreign nationals in South Africa, while reducing the risk of criminal activity and illegal immigration.

All of this is welcomed and are steps in the right direction. If this can be achieved it will certainly be positive for the country and alleviate frustrations experienced with visa applications.

The DHA also intends to finalise disciplinary action more expeditiously. The intention is to finalise 70% of existing misconduct cases and 80% of reported fraud and corruption cases within 90 working days. 

Whilst laudable, this will only be achieved where the DHA as an employer takes decisive steps to: (i) decriminalise its internal disciplinary processes; (ii) is robust with employees and unions who unnecessarily delay the internal processes; and (iii) has sufficient internal capacity to clear out the backlog of cases.

Written by Imraan Mahomed, Taryn York and Mapaseka Nketu, Cliffe Dekker Hofmeyr