In the scheme of South Africa’s immigration legislation, the minister of home affairs has specific roles to play as a decision-maker. While his delegates in home affairs fulfil his functions, he can never divest himself of his legislative powers.
Many of the decisions the minister is tasked to make can irreversibly alter the lives of the parties involved. The minister is the decision-maker of last resort in the administrative appeals process.Visa exemptions for citizens of foreign countries, enabling them to freely enter South Africa, are granted by the minister. The immigration inspectorate carries out its duties with directions from the minister.
Among these is the condition that “immigration control is performed within the highest applicable standards of human rights protection”, and that a human rights-based culture of enforcement is promoted. In one such case in 2018, a German was confronted with an abandoned infant on her doorstep, and undertook to foster the child. She visited the children’s court and was given a limited time frame in which to obtain permanent residence to become a legal foster parent.
Work visas were obtained for the nurse until the new immigration rules came into force, making it near impossible for her to get legal permission to continue working. A department of labour certification waiver was denied because the department — on behalf of the minister — did not see that the welfare of this woman mattered.
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