Home affairs' new regulation unlawful: Experts


According to Gary Eisenberg, the founder of Eisenberg de Saude, a law firm specialising in the field of South African immigration and nationality law, the whole effort in bringing a workable system is paralysed.

(WATCH VIDEO: S.Africa’s controversial immigration regulations)

“The entire regulatory regime is unlawful because the immigration advisory board did not consult with the minister in making those regulations,” Eisenberg noted.


Commenting on business permits, Eisenberg added that the minister had not yet announced the level of investment required for one to get business permit or permanent residence based on investment further compromising the proposed changes.

Jess Green from Immigration South Africa said though challenges were to be expected in the proposed new application system, there were some positive developments also.

“One can say until now the department was in shambles, the only reason it is not in shambles now is because applications are no longer done at the home affairs office,” he said.

“Though these visa facilitation centres cost more, there is likelihood that they will be highly efficient,” he added.

Green postulated that for people intending to come into the country, there were promising indications that things would improve. 

(READ MORE: Migration regulations to facilitate investment in S.Africa)

Eisenberg urged the department to invest more on human capital skills development noting that lack of skills comprised part of the problems in the department.

“Foreigners have tremendous problems with engaging officials stationed in foreign missions and even worse now factoring that those officials lack proper training,” said Eisenberg.

“What has made our system inefficient even with good laws is how our bureaucrats behave with the missing intellectual capital component.”

Green concurred with Eisenberg adding that, there weren’t many problems with the law at the moment, but the actual execution and the timing saying it was disastrous with possibilities of leaving the home affairs in courts like what happened in 2011.