A nightmare journey of more than 17 years last week came to an end for a 36-year-old domestic worker who was refused by the Department of Home Affairs to obtain a birth certificate, so that she could ultimately get an ID document.

The Gauteng High Court, Pretoria, now ordered the department to issue Primrose Medisane with both a birth certificate and an ID document within 30 days. To show its dismay with the department in the manner it treated Medisane over the years, the court slapped the department with a punitive costs order.
Medisane told the court that the consequences for stateless women are dire. The women in her family have suffered many human rights violations. Medisane, who was a clever learner at school and wanted to become a social worker, could not take her matric exams. Her dream was to become a social worker.

Instead, she had to become a domestic worker. Her mother died of cancer shortly before she, too, managed to eventually obtain her documentation. She was refused treatment at the hospital, and once she managed to obtain the treatment with her new ID document in hand, it was too late for her.
This, in spite of both Medisane and her mother proving via DNA evidence that they were entitled to South African citizenship, as Medisane’s mother and grandmother were South African citizens. Born in Zimbabwe after her mother had married a Zimbabwean, Medisane never obtained a birth certificate. This became her biggest hurdle, as she could not apply for an ID document without it.

She moved at a very early age to South Africa with her parents, where she attended school and loved it. Although she excelled at her studies, she was teased by her teachers. “They used to ask me why I was here, as I know I will not be able to write my matric without an ID document.”
The year before matric, Home Affairs came to the school to assist the learners in obtaining their documentation. But they could not assist Medisane and told her to go to the department’s offices to sort things out. This was the start of her and her mother’s quest to obtain documentation.
Medisane later got married, but she also could not register her children due to her being undocumented. They also refused to allow the father, who is a South African citizen, to apply for their birth certificates. This would mean a third generation of stateless Medisane women. She said her fears for her daughters grew even bigger when they encountered difficulties enrolling in school.

Countless visits to Home Affairs over the years, even after DNA testing proving their South African link, proved fruitless for Medisane and her mother. Lawyers for Human Rights, who also assisted her in her court application, managed to, via the Children’s Court, obtain birth certificates for them. Her mother, after she was already terminally ill, obtained her legal status in 2023 when she at last obtained verification from the Zimbabwean authorities regarding her birth certificate.

But it took Medisane to turn to court, with the help of Lawyers for Human Rights, before she was heard. She was told to return to Zimbabwe to obtain a birth certificate, something she could not do as she had no papers, thus she could not travel. Meanwhile, she said she went through hell and back at the hands of Home Affairs.
She told the court how her grandmother, 80, who accompanied them as she is a South African national, was accused of being here illegally and labelled as a “border jumper.” Medisane said not only was she denied education and healthcare due to her situation, but her human dignity had been undermined.

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The Minister of Home Affairs, Dr Leon Schreiber, this morning officially opened a state-of-the-art new office in Mitchells Plain, Cape Town. He was joined by Western Cape MEC Ricardo Mackenzie and Executive Mayor of the City of Cape Town, Alderman Geordin Hill-Lewis.

For too long, the people of Mitchells Plain and Home Affairs staff were subjected to poor conditions at a small, dilapidated office. This came to an end today, as the Minister opened a spacious, modern new office that is not only nearly three times bigger than the old one with 250 seats instead of 50, but also includes upgraded technology like cameras installed directly at each counter that eliminates the need to queue to take photos.

Minister Schreiber said: “This new office serves as tangible proof to the people of Mitchells Plain that Home Affairs is delivering dignity for all. The vastly improved facilities and technology will transform their daily interactions with our services. We have brought Home Affairs closer than ever to the people of Mitchells Plain - and in the coming months, our plans to expand access to services through many more bank branches will take us closer still to delivering Home Affairs @ home.”

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The Department of Home Affairs has announced a new partnership with the South African Revenue Service (SARS) and others that will greatly expand access to Smart ID and passport applications.
The partnership is specifically focused on the department’s digitalisation efforts and will help the DHA:
• Integrate with banking platforms to expand access to Smart ID and passport services to hundreds of bank branches as well as to banking apps;
• Create an option to select secure courier delivery of documents that eliminates the requirement to collect documents only at Home Affairs offices;
• Introduce Smart IDs for naturalised citizens and permanent residents.

Alongside SARS, the partnership includes the Border Management Authority (BMA) and Government Printing Works (GPW).
This will also enable the DHA and agencies to leverage SARS’ technology to improve immigration services.
This will see the launch of an Electronic Travel Authorisation (ETA) system to digitalise and automate immigration procedures to eliminate inefficiency and fraud.

It will also improve the Movement Control System (MCS) at all ports of entry to the country.
“The agreement marks a new era that will fundamentally reform and improve the way that government works in the Republic of South Africa,” which aims to deepen collaboration on digital platforms to enhance services and improve data sharing, said the DHA.
Signing of Multiparty Collaboration Agreement – Left to right: BMA Commissioner Dr Masiapato, SARS Commissioner Mr Edward Kieswetter, CEO of GPW Ms Alinah Fosi, DHA Director-General Mr Livhuwani Tommy Makhode. Photo: Supplied

Livhuwani Makhode, DHA Director-General said that this “exceptional and reliable relationship with SARS, which has been in existence since 2010, represents a right step in dealing with myriad challenges faced by Home Affairs”.
Home Affairs Minister Dr Schreiber said that “it is difficult to overstate the significance of what we have jointly achieved with today’s adoption of this historic agreement.”

“SARS is a world-class institution that must never be taken for granted, and I want to thank the Commissioner and his team for their visionary commitment to breaking down silos in the interests of South Africa”.
“Equally, I applaud the diligent and unwavering commitment of the Home Affairs, BMA and GPW teams in embracing the power of digital transformation,” added the minister.
Schreiber highlighted the mutual benefits of digital transformation, including enhanced fraud prevention, improved revenue collection, and streamlined immigration.

The second agreement was a multi-party memorandum of understanding involving the DHA, SARS, BMA, and GPW.
They said that this signifies a crucial step in creating a governance framework to enable, strengthen, and oversee the evolving strategic partnership between these signatories.
It was noted that SARS and the BMA have already been working towards greater alignment and closer collaboration, and this agreement will strategically and operationally integrate them further.

BMA Commissioner Dr Masiapato commended the existing collaboration between SARS and BMA, stating that “the multiparty agreement signed today will enhance the relationship that has already been in place with SARS”.
SARS commissioner Edward Kieswetter said, “The agreements concluded today prove the success of a whole-of-government approach to tackling modern and sophisticated challenges that the government faces.”

“The opportunity to have a common platform dealing with a unique digital identity for individuals and entities will help the government to ensure that there is only one identity through which the individual interacts with government.”
“This unified platform will surely prevent double-dipping, such as when an individual receives a grant while they are in government employ. It will also build smart modern organisation that makes the movement of people seamlessly,” he added.

GPW CEO Alinah Fosi emphasised the agency’s role in digital verification, ensuring secure, high-quality digital IDs for seamless e-government access and hassle-free travel.
Work to implement these improvements is reportedly underway, with the Department of Home Affairs planning to announce their activation on an ongoing basis over the next twelve months and beyond.

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The department of home affairs says it has carried out the highest number of deportations of illegal immigrants in five years.
In the financial year ended March 31, 46,898 people were deported — an increase of 18% compared to the previous year. Deportations for the preceding years were:
• 2020/21: 14,859;
• 2021/22: 20,093;
• 2022/23: 22,560; and
• 2023/24: 39,672.

Minister Leon Schreiber said the effectiveness of enforcement operations flows from improved collaboration between the department, the Border Management Authority, police and local law enforcement.
“It further reflects the impact of joint initiatives like Operation Vala Umgodi,” he said. Translated as “plug the hole”, this is a government policy to curb illegal mining.

The deportations over the past year exceed the number of deportations conducted by France (22,000) and Germany (20,000) combined over the same period, the department said.
“The fact that home affairs now performs more than double the number of deportations conducted in a country like France, which has the highest rate of deportations in the EU, sends a clear message to offenders that the days of impunity are over,” Schreiber said.
“This improved performance, coupled with our digital transformation reforms that will automate entry-and-exit to prevent people from entering the country illegally through our ports of entry, is contributing to enhanced national security and trade facilitation.”

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Foreign investors and entrepreneurs face overprotective red tape and imbalanced arbitrary immigration policies
As the world has watched US President Donald Trump’s “America First” administration in action, from trade tariffs to the termination of 90% of USAID foreign aid contracts, an introspective assessment of state-determined priorities surrounding what constitutes the “national interest” has been reignited.

Due to its intrinsic mutating nature, a clear definition of what constitutes the national interest has always been uncertain and elusive. From an international relations perspective, Trump’s agenda reflects a razor-sharp application of the so-called “realist school” (also known as realpolitik), whereby national interest in the implementation of a state’s foreign policy “is designed to influence the behaviour of other states for its own benefit, and it can exercise this influence through co-operation, coercion or conflict”.

Immigration policies follow similar self-interest patterns in protecting and promoting the national interest from both a domestic and foreign policy perspective, and are mostly driven by economic and demographic factors. The preservation of citizens’ jobs, boosting employment and stimulating the economy are often key factors that determine immigration policies, and SA’s stringent immigration regime reflects these protective traits. In light of this multilayered nature, co-operation and alignment between different governmental departments are key to an unambiguous application and pursuit of the national interest.

SA’s struggle with high unemployment, one of the highest globally at 33% at the end of 2024, has been a constant reminder of a stagnant economy since 2007. A recent World Bank Group report concluded that “over the past decade, SA has struggled to expand its economy, growing by only 0.7% per year” and “targeted policy actions — fostering competitive markets and strengthening institutions — can spur recovery and lay the foundation for sustainable growth and shared prosperity in SA”.

Unsurprisingly, in early 2025 the IMF ranked SA as the most difficult place to do business in the world, putting us last among the 49 countries measured. Nonetheless, from an immigration perspective, for decades SA has attracted the interest of foreign investors and entrepreneurs from all over the world who share the vision of a young and dynamic country with great opportunities.

Big multinational corporations and BEE discouragement aside, individual private investments into SMEs in SA have been fuelling the economy behind the scenes. According to the Banking Association SA, SMEs make up 91% of formalised businesses, provide employment to about 60% of the labour force and account for about 34% of GDP. Looking at foreign investment and catalysts to economic growth, it most certainly is not all about size.

Desirable and undesirable businesses
However, over the past few years foreign individual investors and entrepreneurs who are willing to, or have already, personally invested in SA are faced with overprotective red tape and subject to imbalanced arbitrary immigration policies surrounding the evasive definition of “national interest”, beyond the application of the legislative scheme and objectives of the SA Immigration Act.

In terms of the act, business visa applicants require committing to a minimum foreign direct investment into an SA business of no less than R5m, and the investment must relate to a business that is deemed to be ” feasible”, in the SA “national interest” and will employ South Africans to account for no less than 60% of its permanent staff component.
The department of trade, industry & competition is mandated to assess the investment and the business, and to issue — where applicable — a letter of recommendation towards the visa or permanent residence application. Published in the Government Gazette is a list of businesses that are deemed to be undesirable, which cannot support a business visa or permanent residence application.

In the same gazette can be found the list of business sectors that qualify for a financial or capital contribution reduction. In brief, these are the highly desirable business investments, which, for immigration purposes, are to be promoted regardless of the R5m investment and automatically deemed to be promoting the national interest. Among these highly desirable sectors are agro-processing, renewable energy and infrastructure development.

While this may seem straightforward and reasonable on paper, the reality is that the process has for more than a decade been blatantly hijacked by a disconnect of policy guidelines. The department of trade, industry & competition’s mandate for these purposes remains void of essential guidelines and definitions to function outside its own mission statement and the provisions of the Immigration Act and its regulations.

This is particularly so regarding the standard to be applied towards the “national interest” evaluation. Interdepartmental collaboration between international relations & co-operation, home affairs and trade, industry & competition is all too often overlooked, causing a practical implementation deficit on the ground.

Arbitrary policies and procedural misdirection
Once an investment of R5m has been established and the business determined not to be undesirable, and all legal and employment undertakings met, what other interest is to be assessed and what constitutes “national interest” still remains a vague and arbitrary exercise.
The Immigration Act is unequivocal in relation to its empowering provisions. The home affairs minister is responsible for the revision and publication of undesirable businesses, and the identification of highly desirable businesses that are in the national interest, irrespective of the value of the investment. The department’s director-general is responsible for approving a reduction in, or waiving entirely, the financial or capital contribution, where the business investment falls within the list of desirable businesses.

Applications for business visas and for permanent residence in terms of the act are addressed to the director-general for adjudication, and where the trade, industry & competition department recommendation stands with a lesser investment, it should be within the scope of those applications that the director-general has the direct authority “to reduce or waive” the investment by granting the visa or permit.

Yet applications submitted to the department towards the recommendation of reduced investments in these highly desirable sectors, when approved, instruct the applicant to apply for a ministerial waiver for the financial reduction — in contradiction to the provisions of the act, injecting a misguided, capricious step in what should be a two-step process.
This stance is not merely the result of an oversight, but has been adopted on the advice of the legal services team with the departments of trade, industry & competition and home affairs. In 2022, the government said it was “working to effect changes in terms of the Immigration Act and its regulations ... however, this is a long-term process”.
To date, progress on these issues has ground to a halt, mirroring SA’s economic growth, blocking much-needed foreign investment.

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