The Constitution establishes a clear mandate for the government to protect the human rights of all residents, including foreign nationals. The department of home affairs is central to this mission, charged with creating immigration processes that safeguard the vulnerable and facilitate their integration into society.
But a troubling reality has emerged: systemic corruption has infiltrated state institutions, including the department, leaving asylum seekers, refugees and foreign nationals vulnerable to exploitation and injustice. The bribery and embezzlement that plague those seeking legitimate documentation signal a financial crime embedded in South Africa’s immigration system.
The main issues concerning the department and immigration system are extensive backlogs, exploitation of undocumented migrants, and corruption. The department’s own investigations have confirmed that it is plagued by corruption, including the approval of permits based on false documentation and bribery to bypass legal processes. One result is that many foreign nationals with expired or non-existent permits are left without legal protections and at the mercy of unscrupulous employers.
The Refugees Act mandates that asylum seekers report to a Refugee Reception Office within five days of their arrival in South Africa. Failure to do so may result in their exclusion from refugee status. Owing to the shortened application period and administrative inefficiencies with the department many asylum seekers resort to bribing department officials to secure refugee status. This also means they avoid being processed through the asylum system, which is highly flawed with 90% of asylum applications being denied.
Apart from violating the human rights of foreign nationals who are truly fleeing persecution and war back home, corruption in the immigration process creates a breeding ground for criminal syndicates around immigration. These syndicates include department officials, police and the asylum seekers’ employers. In 2021, parliament acknowledged the significant effect of Operation Bvisa Masina. The inter-agency response, which included officials from home affairs, the State Security Agency, the Hawks, and the South African Revenue Service, led to 285 arrests, among them 123 home affairs officials, 84 syndicate members and eight police members.
In 2022, the Lubisi Report — the result of an investigation by a ministerial committee appointed by the then home affairs minister, Aaron Motsoaledi — shed light on theft, fraud and corruption in the department. Their conduct includes the approval of permits with false supporting documentation; bribes to reverse stamp dates at ports of entry and avoid long lines (mostly at refugee centres); and department officials aiding and abetting these illegal activities in the immigration system such as approving fraudulent permits or facilitating bribes. Passports stamped without the holder being present, foreign nationals awaiting deportation released without official approval, bribes paid to avoid paying fines for overstay, and permits extended without the Refugee Board’s approval were the most frequent offences in the immigration field.
In June 2024, authorities arrested a foreign national in Krugersdorp who had been using a home affairs office after hours for illicit activities, having gained unrestricted access to the premises. Although the conviction and sentencing of this individual are positive developments, they underscore the pervasive corruption within the department. The connections some officials have with criminal syndicates raise doubts about the integrity of our immigration system. Additionally, it exposes the vulnerability of home affairs officials to exploitation, emphasising the need for comprehensive reforms to ensure accountability and restore public trust in our immigration processes.
Undocumented migrants are among the most exploited and vulnerable workers in the country, often forced to accept inadequate pay and harsh working conditions. Many go months without receiving their wages, and those who voice concerns risk being reported to the police, arrested and deported. In some cases, law enforcement officials have escorted migrants without proper documentation to an ATM to withdraw funds for a bribe.
The dysfunctional asylum and documentation system that results in many people holding expired or fake permits, allows for such exploitation by law enforcement officials. Reports suggest that officials from the home affairs department at detention centres are soliciting bribes for the release of detainees, even when they have valid proof of their legal status and so should be released unconditionally. This issue extends beyond the police and home affairs officials; an investigation by M-Net’s Carte Blanche uncovered that soldiers stationed at the Beitbridge port of entry are also involved in corrupt activities around immigration, accepting bribes to allow smugglers to operate freely, transporting goods and illegal immigrants without consequence. Such widespread corruption not only erodes public trust but also endangers the lives of the most vulnerable.
There has been a lot of public attention on the perceived socio-economic effect of foreign nationals on working class South African citizens, even though there is generally no evidence provided to support these claims. In that discussion, the focus has shifted away from the hardships and mistreatment endured by vulnerable foreign nationals affected by government policies and prejudiced mindsets. It is crucial for the law to establish explicit safeguards against unjustified arrests, searches and seizures of undocumented migrants, including outlining protocols for police and immigration officers that ensure that foreign nationals’ rights remain protected while South Africa works to secure its borders.
South Africa’s constitutional values of dignity, equality and inclusion require the government to protect the rights of all residents. The home affairs department must ensure immigration policies and practices reflect these principles, safeguarding the vulnerable and promoting social cohesion and constitutional values.
Afua Duah is an investigative intern at Open Secrets.
