But not quite: a backlog persists in the appeals area and permanent residence permit applications. The author believes a promising stage has been set for further improvements in adjudication quality. The Department of Home Affairs (DHA) has achieved remarkable results in the past six months with its initiative to clear the visa application backlog; however, the minister has once again had to extend the concession period for foreign nationals who are awaiting the outcome of their applications to ensure they can remain in South Africa on a legally correct basis.The extension of the concession was unavoidable as the outcomes of many applicants were not ready for collection when the festive season started, Minister of Home Affairs Leon Schreiber announced in a directive. Although the visa backlog has been eradicated, a backlog persists in the appeals area and permanent residence permit applications.The latest concession means affected parties may continue their activities per their current visa conditions for another three months, until 31 March 2025. This was necessary to safeguard applicants from suffering adverse consequences or being erroneously declared undesirable in South Africa while they await the outcome of applications submitted to the department.Affected parties are grateful for the progress and hard work the department has made in conjunction with the private sector to significantly reduce the backlog. However, the extended concession now also brings peace of mind to many whose waiver, long-term visa, and appeal applications are still pending.Second extensionThis is the second time Schreiber has extended the temporary concession due to the visa backlog at the department dating back almost 10 years. Shortly after he was appointed minister in July 2024, he moved to protect applicants while the backlog was reduced.With the latest announcement, Schreiber kept his promise of July 2024 that any further extension, modification or amendment to the terms of the concessions would be communicated prior to the then-expiry date of 31 December 2024 to prevent a repeat of the situation that saw the previous concession expire before the extension being announced.Progress worth celebrating The DHAs achievements in tackling the backlog are to be celebrated. Two weeks ago, the minister announced on X (formerly Twitter) that it had processed 261 845 applications within months and would hit 94% backlog eradication before year-end.It is indeed a landmark, establishing new efficiency benchmarks at the DHA. This accomplishment not only demonstrates the departments ability to meet ambitious goals but also sets a promising stage for further improvements in adjudication quality in the coming year.The minister said on X: Only mopping up and appeals remaining. In fact, our team is working so fast that we are struggling to keep up with printing and issuing outcomes. One of the first things I did after my appointment as Home Affairs Minister was to visit our visa backlog team, with the message that we want a Christmas without the decade-old backlog hanging over us. Today, went back to celebrate this team for their incredible work. Schreiber also shared a video where he and Deputy Minister Njabulo Nzuza  dressed in Christmas outfits!  celebrated with DHA officials.He went on to say:  It has been a year of inspiring progress at Home Affairs. Next year, we will take the lessons learnt from this project and the foundation weve laid to fully digitalise and automate our processes and take service delivery to new heights.The further temporary extension of the concession until 31 March 2025 applies to: Waiver applications: Applicants with pending outcomes as of 30 November 2024 may exit and re-enter South Africa without being declared undesirable, but non-visa exempt applicants who travel out of the country with a waiver application receipt are required to apply for a port of entry visa which would allow them re-entry into South Africa.Visa applications: Visa holders who have applied for long-term visas such as business visas, study visas, relatives visas, and work visas that remained pending as of 30 November 2024 have been granted a further temporary extension of their current visa status. They must adhere to their current visa conditions and are allowed to travel with similar conditions as waiver applicants. Note the conditions for non-visa-exempt applicants.Visa appeal applications: Visa holders who appealed a negative decision on an application for a long-term visa are granted a temporary extension for three months. Travel conditions similar to other applicants apply, and they must carry a copy of the rejection letter together with a receipt indicating the applicant has submitted an appeal application.

Retired Judge Siraj Desai has blamed the Legal Practice Council (LPC) for the shocking 4% pass rate achieved by aspirant lawyers in ethics and conveyancing examinations. The Legal Practice Council (LPC) is a statutory body empowered to regulate and discipline legal professionals in South Africa.It is also responsible for setting competency-based examinations for aspirant lawyers.In May 2024, when the LPC released the results of these examinations, it emerged the conveyancing tests had between a 1 and 4% pass rate, while the Attorneys` Practice and Legal Ethics examination had a 4% pass rate.The Legal Services Ombud, retired Judge Siraj Desai, has blamed the shocking 4% pass rate achieved by aspirant lawyers in ethics and conveyancing examinations firmly on the Legal Practice Council (LPC). The LPC is ultimately responsible for setting the competency-based examinations in terms of Section 26 of the Legal Practice Act. `In this instance, the LPC failed in one of its most fundamental tasks - to properly regulate the entry of aspirant attorneys to practice. It caused untold misery, if not harm, to many young men and women,` Desai told News24 on Sunday.After stating his office`s recently released report on the `sub-par result on the competency-based examinations conducted by the Legal Practice Council` spoke for itself, the judge added: `We can only hope that the changes proposed by the LPC [in response] are serious and will prevent such occurrences in the future.`During the Ombud`s investigation into the staggeringly high failure rate in the May 2024 examination results, the LPC said it had outsourced the drafting and printing of all Attorneys` Conveyancing and Notarial competency-based examinations to the Law Society of South Africa (LSSA) - which in turn said funding cuts had been adversely impacted this drafting process. Since the release of those disastrous results, the LPC told the Ombud, as of the August/September 2024 examinations, it had taken over the setting and administration of all competency-based examinations.While noting the `fact that about 96% of the candidates were unsuccessful with regard to these exams is startling`, the Ombud report concluded: `We can contemplate the suffering it entailed to the candidates who sat for the examinations, the need to rewrite the examination, the financial burden on the candidates and their families, the psychological effect on them and possibly diminished prospects of employment. The LPC has in effect taken steps to remedy the situation for future candidates. `It cannot, however, undo the harm caused to the candidates who wrote these exams and were unsuccessful. That is cause for considerable concern. We trust that the LPC will take the necessary steps to avoid such an outcome in the future.`The LPC told News24 it noted the report and the newly reconstituted council `will consider the recommendations as well as other additional measures that can be implemented`. It stressed `many of the changes` recommended by the Ombud `have already been implemented and results of these initiatives have already begun to show positive outcomes`. `The report will be placed before the new council`s education accreditations and standards committee which will continue to oversee, monitor and guide on all our education initiatives - which have already begun to show major improvements judging by the last exams,` LPC spokesperson Kabelo Letebele said.The Ombud revealed in its report on the exam results the previous LPC education, standard and accreditation committee `was of the view that many candidates did not adequately prepare for the examination` and `did not properly read questions and it resulted in candidates giving general answers`. According to the Ombud, the LPC recorded `it has over the years become increasingly concerned with the poor performance of candidates in the competency-based examinations and has over the past three years made an effort to understand the factors which contributed to the poor performance`.It appeared from many of the LPC`s responses to the Ombud it blamed the aspirant lawyers who failed the exams for their poor results.The Ombud, however, focused its investigation on the `examination process and its effectiveness; the quality of training and preparation provided by accredited institutions; and the examination conditions` that preceded the legal competency-based examination results released by the LPC on 15 May 2024.Those results revealed Paper 3: Attorneys` Practice and Legal Ethics Examination had a 4% pass rate, the conveyancing examination Paper 1: Practice and Procedure of Conveyancing had a 4% pass rate and Paper 2: Statutes and Case Law applicable to Conveyancing had a 1% pass rate. As the Ombud noted in its report, those results `sparked an outcry on the fairness of the examinations from the candidates who wrote in March and April 2024 as well as members of the profession who felt that the results showed a tendency towards exclusionary practices`.`The Ombud also received a letter from the Black Lawyers Association [BLA] expressing their concern over the conveyancing results and requesting that the office investigate the cause of the high failure rate,` the report stated, adding the BLA `further expressed their concerns over gatekeeping in the legal profession`.While it did not address these gatekeeping claims, the Ombud investigation into the examination results found the `process of setting and moderating the Attorneys` Practice and Legal Ethics Examination and the Conveyancing examinations for the March/April examination sittings was insufficient`.The Ombud concluded, because the Attorneys` Practice and Legal Ethics examinations were moderated by the LSSA virtually, `this did not give sufficient opportunity to thoroughly scrutinise the paper`. The Attorneys` Practice and Legal Ethics examination was only reviewed by two people at the LPC, who then raised concerns the paper used the term `champerty` to refer to a litigation financing agreement. As a result, candidates were given the definition of the term during the examination.The Ombud report stated: The Conveyancing examination was not reviewed by the LPC.`Consequently, some questions in the Attorneys` Practice and Legal Ethics and Conveyancing examinations were vague and based on incorrect assumption. The language used also contributed to the vagueness of the questions.`The Ombud also found the `examination conditions` in the Attorneys` Practice and Legal Ethics tests - which included, in one instance, a car being set alight outside the venues - `affected the candidates` time and concentration`.While noting the LPC had already made changes to its competency-based examination system, the Ombud recommended a `rigorous moderation process be undertaken on examination questions as well as the model answers`. `This is important as it is often only upon answering a question that one identifies that there are different interpretations to the questions,` it stated. Further, the Ombud said, the LPC should avoid `as much as is practically possible, making changes to the examination paper or furnishing candidates with additional information during the examination`. `This causes unnecessary disruption and affects candidates` concentration.`In addition to recommending the LPC should consider `selling old Juta Deeds Registries Act and Sectional Titles Act and Regulations Act booklets to candidates to assist them with preparations for the examinations`, the Ombud said the council should `consider enlisting the services of conveyancers¦ to assist with the setting of the examination questions and model answers`.This, it added, could bridge `the gap between theory and what is considered a competent conveyancer`.

The Mananga Port of entry has been identified as the critical diversion route for travellers to reach Mozambique in an event of potential disruptions to the Lebombo operations caused by the announcement of results at the Mozambican Constitutional Court on the 23rd of December

An early warning system is being developed to address simultaneous flight arrivals and departures, allowing additional resources to be deployed efficiently Airports Company South Africa (Acsa) and the Border Management Authority (BMA) say they have implemented measures to manage the surge in passenger traffic during the festive season.In a joint media briefing on Thursday (19 December), Acsa CEO Mpumi Mpofu and BMA Commissioner Michael Masiapato detailed interventions to ensure seamless travel at OR Tambo International Airport and other ports of entry.Mpofu confirmed that last weeks jet fuel disruption, caused by a shattered drive shaft, has been resolved. A new valve has been installed, and the system is functioning at normal pressure. The results of laboratory tests to determine the root cause of the issue are expected soon.Mpofu also apologised for delays experienced at immigration points on Saturday (14 December) due to technical issues with the BMAs biometric movement control system.I wish to express our sincere apologies for the inconvenience [of] the delays and queues caused by BMA technological challenges last week. We really appreciate the publics understanding and cooperation during this busy period and Acsa and BMA are addressing the technological challenges until the system is replaced in 2025.Acsa is expecting 119 696 international and 262 108 domestic passengers to pass through its airports between 19 and 24 December, with the busiest day forecast for 20 December. Acsa and BMA are also preparing for high passenger volumes in early January when holidaymakers return.To streamline operations, a technical committee comprising representatives from Acsa, BMA, the South African Police Service, the South African Revenue Service and other stakeholders is addressing airport-related risks through a collaborative approach.Passengers are advised to arrive three hours before international flights and two hours before domestic flights.Travellers are encouraged to check airline terms and conditions, monitor flight notifications, and prepare for potential delays.Masiapato highlighted the importance of collaboration between Acsa and the BMA in managing border operations at 71 ports of entry, including OR Tambo International Airport.An early warning system is being developed to address simultaneous flight arrivals and departures, allowing additional resources to be deployed efficiently. Staffing levels have also been increased at critical points to enhance immigration processing during peak periods.The two organisations ask that travellers remain patient and cooperative as they continue to address the challenges of high holiday traffic.

The Minister of Home Affairs recently announced a further extension for Zimbabwe Exemption Permit (ZEP) holders. The extension is until 28 November 2025. But what about other undocumented foreigners in your employ?
The extension allows ZEP holders who live and work in South Africa another year to apply for one of the other visa categories. The Minister’s reasons for the extension of ZEP’s are summarised in the Government Gazette

Other foreigners
The Minister has not extended the Lesotho Exemption Permit (LEP). The situation with other foreigners (including Zimbabweans who do not have ZEP’s) and who have applied for various categories of visas also remains uncertain.

Unprocessed applications?
What should be done in respect of employees with unprocessed waiver and visa applications? Many applicants have been waiting for a very long time, in some cases for years. Visa applications can apparently be tracked online at  https://visa.vfsglobal.com .
Although the Department of Home Affairs online status verification service “has been suspended until further notice” all Visa verification requests can apparently be sent to Visa Verifications at Home Affairs
For further assistance applicants or their employers may approach immigration specialists.

Onus on employers
As far as employers are concerned, proof of an application may not be enough. Employers have a duty to ascertain whether their foreign employees have a right to live and work in South Africa, as well as to establish the limitations of their work permits or visas. Employers may be concerned about recent reports of the authorities clamping down on illegal practices with regard to the employment of undocumented foreign nationals.

What to do?
Employers face a wide variety of situations regarding the requisite documentation (visas or work permits). These include:
•    Foreigners appointed without documentation in the first place
•    Visas/permits have lapsed, but no new application have been made
•    Visas/permits have lapsed, but new applications are pending
•    Foreigners with documentation that was clearly forged
•    Foreigners with documentation that appears to be valid, but should be verified