New Interior Secretary Leon Schreiber. (Photo by Brenton Geach/Gallo Images via Getty Images)
noInterior Minister Leon Schreiber said Monday he would reinstate an immigration advisory committee that is required by law but hasn't been set up for more than a decade.
“I am pleased to announce today that, under section 4(2) of the Immigration Act 2002, the Home Office will reactivate the Immigration Advisory Board as a matter of urgency,” Minister Schreiber said in his budget speech in Parliament.
He said the measures were aimed at repairing a breakdown in trust in the department that had led to unnecessary and costly litigation.
“Importantly, the advisory committee will be able to provide evidence-based advice to the Minister on tackling key issues such as the court-ordered consultation process on the future of the Zimbabwe Exemption Permit.”
“Going forward, the advisory committee will serve as an important forum where issues can be resolved before they reach the courts,” he said.
“Restoring the Immigration Advisory Committee sends a powerful signal of our determination to rebuild trust in domestic policy, respect expert advice and address policy issues in a consultative, scientific and law-based manner.”
The Pretoria High Court ruled last year that a decision by Schreiber's predecessor, Aaron Motsoaledi, to end the ZEP programme was unconstitutional and procedurally unfair.
The court remanded the case to Justice Motsoaledi and ordered that all existing ZEPs remain in force for a further year until his decision.
The plaintiffs in the case, the Helen Suzman Foundation and the South African Refugee and Migrant Consortium, have denied claims that the minister consulted and considered the impact on some 178,000 Zimbabweans holding exemption permits before announcing the cancellation of entry permits.
Motsoaledi called the ruling “dangerous” and asked the Constitutional Court for permission to appeal.
He faced criticism for not constituting an advisory committee for the Home Office as it considered immigration policy.
Earlier this year the Cape Chamber of Commerce warned that Motsoaledi was ignoring immigration law, which states in section 4 that the minister must appoint a committee made up of representatives from government departments and private sector organisations, as well as up to four people with expertise in immigration law and administration.
Schreiber, a former Democratic Alliance spokesman for public services and administration, said he believed the Home Office would play a central role in achieving the new coalition government's goal of sustainable economic growth to mitigate unemployment.
He pointed to findings from the 2022 Operation Vulindlela report on the country's work visa process that skilled, legal immigration helped create jobs for South Africans.
“National Treasury also found that increasing the availability of scarce skills in the labour market is the second most powerful measure for economic growth and job creation in South Africa, after the eradication of power outages.”
“This is to fulfill the GNU mission. [government of national unity]”The Interior Ministry will strengthen its role as an economic facilitator by accelerating the implementation of the reforms of Operation Vrindlela,” Schreiber said.
He said his priorities would be finalising a points-based system for work visas, introducing remote working and start-up visas, and more regular updates to the government's list of critical skills.
Last week, in her first act as minister, Minister Schreiber extended until the end of December the temporary exemptions for foreigners who are waiting for the outcome of their visa or exemption applications and appeals due to processing delays.