Highlighting the scale of the challenge, Schreiber emphasised the extent to which corruption has infiltrated public institutions, exacerbated by the legacy of state capture. He warned that South Africa is at risk of becoming a ‘syndicate society’ where criminal networks dictate access to services instead of the democratic state. The border management and immigration sectors, he noted, have not been spared, with syndicates operating within Home Affairs to defraud both South Africans and immigrants.

The Minister stressed that fighting corruption requires more than just treating its symptoms. Instead, efforts must focus on enforcing accountability and simultaneously reforming the system to eliminate loopholes that criminals exploit. The government is making significant progress on both fronts.

Between July 2024 and February 2025, 27 officials from the Department of Home Affairs were dismissed for offences including fraud, corruption, and misconduct. Since November 2024 alone, nine additional dismissals have taken place, with more expected once ongoing appeals are concluded. Furthermore, eight officials have already been convicted and sentenced to prison terms ranging from four to 18 years, while 19 others face ongoing criminal prosecution.

Schreiber cited a high-profile case in which Pakistani national Afran Ahmed was sentenced to 18 years in prison for selling South African passports to foreign nationals for R45,000 each. At the Border Management Authority (BMA), 10 officials have been dismissed for corruption, while an additional 45 cases are under investigation.

One of the key achievements in the anti-corruption drive is a major legal breakthrough in the Labour Court, which now allows external chairpersons to oversee disciplinary hearings. This precedent, which changes the interpretation of collective agreements in place since 2001, will enable more impartial disciplinary processes across government and prevent corrupt officials from protecting one another.

The Minister also highlighted decisive action against high-profile figures implicated in state capture. Shortly after assuming office, he initiated a process under the Promotion of Administrative Justice Act that led to the revocation of South African citizenship for a senior member of the Gupta family. Additional measures are underway to ensure justice is served for the way Home Affairs was exploited during state capture.

Beyond accountability, the government is implementing systemic reforms aimed at closing the space for discretion that enables fraud and corruption. Digital transformation is at the heart of this initiative. Paper-based visa documents are being replaced with an Electronic Travel Authorisation system that utilises artificial intelligence and machine learning for adjudication. Secure digital documents, including a digital ID system announced in the State of the Nation Address, will phase out the outdated green ID book. Automated entry and exit systems will also be introduced at ports of entry, with all airports prioritised before expanding to land and sea borders.

The Minister underscored that these digital reforms would make corruption more difficult by eliminating paper documents that can be lost or manipulated and reducing human discretion that allows for bribery and fraud.

Schreiber concluded by asserting that the fight against corruption is not merely a policy goal but a national imperative. He described the work being done as the most comprehensive corruption clean-up in South African history.

“This is not a talk shop or a promise of what will be done,” he stated. “It is a stocktaking of what is already being achieved. Corrupt officials are being disciplined and fired, prosecutions are underway, and systemic changes are being implemented to rid our institutions of the syndicates that seek to hold us hostage. This fight is a beacon of hope, demonstrating that corruption can be defeated, accountability can be enforced, and digital transformation can roll back state capture and syndicate control once and for all.”

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Parliament was ordered by the Constitutional Court in 2017 to amend the Immigration Act within 24 months, after sections of the Act relating to the detention of undocumented immigrants were found to be unconstitutional. The case was brought by Lawyers for Human Rights.

But the Department of Home Affairs and Parliament have dragged their feet in amending the Act. Lawyers for Human Rights say the delays have caused confusion and uncertainty, with magistrates taking “divergent positions” on how to implement the Act.

In 2023, another Constitutional Court ruling ordered that undocumented immigrants may only be detained if it is in the interests of justice and that detainees must be brought before a court within 48 hours.

The Court did not agree with the department’s reasons for delaying the amendment of the Act and made a personal costs order against then Minister of Home Affairs Aaron Motsoaledi, saying that “this litigation has been conducted in a dreadful manner”.

The Immigration Amendment Bill, which aligns with the Constitutional Court order, was finally introduced to Parliament in April 2024. Over the past two weeks, Parliament’s Portfolio Committee on Home Affairs has heard oral submissions from civil society on the proposed Bill. The committee was urged in all the submissions to pass the Bill as soon as possible to prevent further delays.

Matthew Parks of the Congress of SA Trade Unions (COSATU) described the Bill as “progressive”. During a presentation on Tuesday, Parks said that “illegal immigration had become a serious threat to South Africa, rule of law and socio-economic stability” and that officials should be “fully empowered to enforce the law and fulfil their mandate”.

COSATU supported the requirement for detained persons to appear before a court within 48 hours. However, Parks cautioned that “mechanisms must be found” to ensure there are no delays which will be costly for the state.

But several human rights organisations believe that although the Bill complies with the Constitutional Court order, it does not go far enough to ensure that detention is only used as a last resort, and not a default option, when dealing with undocumented immigrants.

Professor Thuli Madonsela of the Centre for Social Justice at Stellenbosch University told the committee that although with the Immigration Amendment Bill the Department has strictly complied with the Constitutional Court judgements, more should be done to ensure access to legal support and language services, and to ensure judicial review within 48 hours of detention is possible.

Nyeleti Baloyi from Lawyers for Human Rights stressed that detention must always comply with international standards. Detention of immigrants in the past has raised serious human rights concerns, Baloyi told the committee.

The South African Human Rights Commission (SAHRC) during its presentation last week criticised delays in adhering to the court judgments and called for open engagement by the department and the minister.

Home Affairs Minister Leon Schreiber’s spokesperson Duwayne Esau had told GroundUp that the minister is happy to engage with the SAHRC and will set up a meeting.

The Centre for Child Law’s Fortunate Mongwai recommended that the Bill be amended to clearly stipulate that undocumented children should be protected regardless of their documentation status, and that age assessments must be conducted when detained undocumented immigrants are suspected to be younger than 18.

James Chapman of the Scalabrini Centre of Cape Town said that the Amendment Bill does not explicitly ensure that children are not detained. He called for further amendments to ensure that refugees, including asylum seekers and survivors of human trafficking, are protected from detention.

Chapman said detention and deportation are costly, and resources should rather be spent on improving systems and services.

This article was republished with permission from GroundUp, the original article can be found here.

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With each election cycle, the issue of migration has been amplified to garner votes. Political parties use populist rhetoric and anti-immigration narratives to galvanise support amid rising public dissatisfaction with government service delivery, joblessness and crime.

In 2020, Afrobarometer reported that about half of South Africans believed foreigners should not be allowed to work in the country because they take jobs away from citizens; and 62% felt government was managing immigration poorly.

While anti-immigrant attitudes and attacks frequently manifest in areas burdened by unemployment, crime and poor service delivery, they are not limited to poorer citizens. Afrobarometer found that those with post-secondary education and living in urban areas, in particular, were less welcoming to foreign workers. This suggests that opposition to immigration is driven less by xenophobia and more by socio-economic concerns – making it difficult to foster social cohesion between locals and foreign-born nationals.

Increased populist rhetoric ahead of the May 2024 national elections fuelled attacks on foreigners, with several parties capitalising on public fears that immigration drives up unemployment and insecurity. The same trend is likely in the run-up to the 2026 local government polls.

The country’s Government of National Unity (GNU) should strive to find common ground and lead the agenda by formulating a pragmatic, sustainable migration governance model. However, finding consensus among the GNU’s 10 political parties won’t be easy. The Inkatha Freedom Party, Patriotic Alliance and Freedom Front Plus emphasise strong border security to limit immigration.

The Inkatha Freedom Party – the fifth biggest in terms of votes and parliamentary seats – advocates for stricter border controls to protect local employment. The Patriotic Alliance, ranked sixth, built its platform on anti-immigrant rhetoric, advocating for stringent immigration policies to safeguard jobs and resources for locals. The Freedom Front Plus, while also focused on tight border control, ties its stance to preserving cultural identity.

The Democratic Alliance – South Africa’s second largest party – supports attracting skilled immigrants but also advocates for Zimbabwe Exemption Permit holders to regularise their status, acknowledging their legal presence since 2009. This reflects a commitment to lawful immigration beyond a skills focus.

In contrast, the African National Congress has shifted from its Pan-Africanist roots towards stricter immigration enforcement, despite promoting regional integration within the Southern African Development Community (SADC).

The GNU has the opportunity to adopt a progressive, forward-thinking approach to migration. This model should be tailored to different groups, such as economic migrants and refugees, while moving away from a security-driven focus and the stigmatisation of specific migrant categories. But can the GNU reconcile its members’ competing interests and achieve a unified approach?

The country is grappling with 32.9% unemployment, 26 million people relying on social assistance, and 55.5% living in poverty. Without addressing these fundamentals, any migration policy will remain at odds with the country’s deeper structural problems.

Beyond meeting its international obligations, improved migration policy could strengthen regional integration, address South Africa’s labour shortages, enhance economic growth and social cohesion, and formalise the workforce.

The Democratic Alliance’s Leon Schreiber began his tenure as Home Affairs Minister in July with a pro-migrant approach, extending concessions for foreign nationals awaiting visa decisions and granting waivers for Zimbabwe Exemption Permit holders. However, the public backlash against these measures pushed Schreiber to focus on removing undocumented migrant workers. This underscores the pressures on the GNU to balance migrant welfare with public demands for tighter immigration control.

Whether it adopts a more nationalist or liberal stance, South Africa’s direction on migration will have national and international implications.

As a key player in the African Union (AU) and SADC, the country is obliged to uphold regional migration standards. The AU’s Agenda 2063 emphasises the free movement of people as essential for African unity and economic integration. A restrictive approach could isolate South Africa, straining relations with strategic partners like Nigeria and complicating its regional leadership role.

Parties to the GNU need a shared understanding of the political, economic and security dynamics that drive migrant labour into South Africa. Acknowledging these factors is essential to formulate practical migration policies that are sensitive to the regional complexities influencing migration patterns.

At an Institute for Security Studies seminar in August, Home Affairs Head of Policy Sihle Mthiyane stressed the GNU’s commitment to legal migration pathways. But he also acknowledged administrative challenges, including resource constraints and inefficiencies, that could hinder effective policy implementation.

Tackling these problems and addressing corruption – particularly the issuing of fake documentation – are essential to restoring the integrity of South Africa’s migration systems. A more coordinated approach between the Home Affairs and International Relations and Cooperation departments at the executive and directors-general levels is also vital.

Ultimately, the GNU’s approach to migration governance will test its ability to navigate complex and contentious policy issues before the 2026 local elections. That requires crafting policies that are both politically viable and address the socio-economic realities driving anti-immigrant sentiment.

Success depends on balancing immediate public concerns with long-term strategies that integrate migrants, reduce tensions and align with South Africa’s regional and international commitments. How the GNU handles migration could define its legacy and shape the country’s political landscape.

Written by Margaret Monyani, Senior Researcher, Migration, ISS Pretoria, and Mmabatho Mongae, Data Analyst, Good Governance Africa.

Republished with permission from ISS Africa. The original article can be found here.

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