Why was there no transitional period for new visa rules?

2014-06-26 15:18

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - My name is Joachim Schuckmann, I am Immigrations Director at Initiate Immigration (Pty) Ltd.
I would like to comment on the feedback and information some immigration agents and immigration lawyers have been sharing with the public over recent weeks.
Although change in the immigration legal framework was necessary for a number of reasons (marriage of convenience, child trafficking, and corruption at Home Affairs) the processes which the Department of Home Affairs have chosen, have proven to be greatly misguided. This has repeatedly been seen over the past 2 weeks and has fortunately also been picked up by the media.
Most stakeholders within the industry, barring the Department of Home Affairs it seems, agree that proper planning and a transition period would have been beneficial to allow the public an opportunity to familiarise itself with the new laws and processes. Some individuals and families have now been adversely affected by the Department’s blind determination to push through changes within a very short period of time.
This lack of appropriate planning and consultation has led to Home Affairs’ officials not being prepared or trained and thus not being in a position to answer any questions the public might have had regarding the new laws. This in turn has led to a great number of immigration agents disseminating incorrect interpretations of the law, which has created a certain degree of panic due the information and feedback from Home Affairs and other agents being inconsistent.
Every decision the Department of Home Affairs has taken over the past 3 weeks has affected thousands and perhaps millions of lives (unfortunately the Department of Home Affairs has no official or unofficial figure of the amount of foreigners in the country). But with virtually no warning or consultation, in some cases not even a 24 hour notice, rumours are very quickly distributed as fact as uncertainty reigns.
Change in the law was needed and it is a view shared by most of the reputable consultancies that the majority of changes which have been proposed in the new regulations are consistent with immigration and visa laws around the world, and so offer balance for the need to attract foreign skills as well as protect the local labour force and the population of South Africa as a whole.
A number of immigration agents will, however, not be able to cope with the changes and their claims that the laws are unconstitutional are based on the fact that they will not be able to adapt. “Making a plan” by making false claims in applications, abusing legal loopholes or worse paying officials to ensure the issuance of a visa, will not be possible anymore and immigration service provider will need to start adding real value instead of exploiting the system.
What is undoubtedly a disgrace and in some cases unlawful, perhaps even unconstitutional, is the manner in which the Department has decided to roll out the changes. And thanks to the media the shortcoming have been highlighted and the impact was instant.
I thank you for the work you have done, continue to do, and the opportunity to provide you with my opinion.

Come join our travel community! Like us on Facebook, follow us on Twitter, hang out with us on Google+, snap away on Instagram and share your inspiration on Pinterest.

Or subscribe to our newsletter 
 for weekly updates on the latest NB travel news. 

MyTravels is a user-generated section of News24Travel. The stories here come from users and may not necessarily reflect News24Travel's views and opinions. 

Read more on:    department of home affairs  |  travel international  |  immigration  |  visa

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.


24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Comments have been closed for this article.

Inside Travel


#FindYourEscape with Traveller24

Your insider guide to exploring South Africa and the world...
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.