New Home Affairs Minister Leon Schreiber on Monday said he would revive the Immigration Advisory Board, which has not been constituted for more than a decade, despite being mandatory in law.
“I am happy to announce today that, in terms of section 4(2) of the Immigration Act of 2002, home affairs will reactivate the Immigration Advisory Board as a matter of urgency,” Schreiber said in his budget vote speech in parliament.
He said the step was aimed at repairing the breakdown of trust in the department, which had spawned unnecessary and costly litigation.
“Importantly, the advisory board can provide the minister with evidence-based advice on tackling critical matters such as the court-ordered process of consultation on the future of the Zimbabwean Exemption Permit.
“Going forward, the advisory board will serve as a vital forum where problems can be ironed out before they escalate to the courts,” he said.
“The reinstatement of the Immigration Advisory Board serves as a powerful signal of our commitment to rebuilding trust in home affairs, respecting expert advice, and addressing policy questions in a consultative, scientific and legally-compliant manner.”
The Pretoria high court last year ruled the decision by Schreiber’s predecessor, Aaron Motsoaledi, to terminate the ZEP programme unconstitutional and procedurally unfair.
The court remitted the decision to Motsoaledi, and ordered that pending his decision all existing ZEPs remain valid for another year.
The applicants in the case —the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa — refuted the minister’s claim that he had consulted and considered the effect on some 178 000 Zimbabwean who hold exemption permits before announcing the termination.
Motsoaledi has asked the constitutional court for leave to appeal the ruling, which he described as “dangerous”.
He encountered criticism for not constituting the advisory board on the basis that home affairs was reviewing immigration policy.
The Cape Chamber of Commerce and Industry warned earlier this year that Motosaledi was flouting the Immigration Act, which stipulates in section 4 that the minister must appoint a board grouping representatives of government departments and civil society, plus up to four experts in immigration law or administration.
Schreiber, the Democratic Alliance’s former spokesperson on public service and administration, said he believed the home affairs department had a central role to play in achieving the new coalition government’s goal of sustainable economic growth to alleviate unemployment.
He referenced a finding in Operation Vulindlela’s 2022 report on the country’s work visa process that skilled, legal immigration helped to create jobs for South Africans.
“The national treasury has also found that increasing the availability of scarce skills in the labour market is the second most powerful step we can take to grow the economy and create jobs for South Africans — just behind the eradication of load-shedding.
“It is in fulfilment of this mandate of the GNU [government of national unity], that home affairs will enhance our role as an economic enabler by accelerating the implementation of Operation Vulindlela’s reforms,” Schreiber said.
He said he would prioritise finalising a points-based system for work visas, rolling out remote working and start-up visas and updating the government’s critical skills list more regularly.
Last week, in his first act as a minister, Schreiber extended a temporary concession for foreign nationals awaiting the outcome of visa and waiver applications and appeals because of processing delays, till the end of December.
