Crisis at home affairs is tearing families apart

Source: Business Day, 18/04/2024

Minister Aaron Motsoaledi’s indifference to the plight of those affected by his decisions is appalling
In the tumultuous seas of immigration law, where uncertainty looms and families are left adrift in bureaucratic limbo, the department of home affairs has emerged as a sinking ship. As a director of a firm of immigration attorneys I’ve witnessed first-hand the dire consequences of the department’s negligence and incompetence. Today, I raise my voice not just as an attorney but as a concerned citizen, urging for a radical overhaul to salvage what remains of our immigration system.
We have tirelessly fought battles in the courtroom against home affairs’ disregard for agreed-upon time frames. Countless cases have landed on our desks, each one a testament to the systemic failures plaguing the department. We’ve seen cases where contempt applications were the only recourse, as the department brazenly ignored court orders.
Let’s quantify the magnitude of this crisis. We have launched more than 100 cases since the start of the backlog, including three significant delay cases encompassing over 800 pending applications. Despite our efforts, home affairs has blatantly disregarded 28 court orders, compelling us to pursue 16 contempt applications. While we continue to grant extensions in some instances, it is becoming increasingly evident that legal action is inevitable.
In 10 cases we’ve escalated matters to contempt proceedings, securing further court orders affirming the minister’s contempt and mandating immediate action to avert potential imprisonment. Shockingly, the minister has remained obstinate, defying court directives with impunity. In one recent instance we reached the point of informing the state attorney that unless a resolution is reached within five days we will pursue legal action against the minister personally.
These actions are not taken lightly. We are driven not by a desire for confrontation but by the relentless refusal of the minister to heed our pleas. These appeals span years, not mere weeks or months, and their dismissal only deepens the frustration and despair of those affected by home affairs’ negligence. What message does this send to the countless individuals and families whose lives hang in the balance? It’s a travesty of justice when those seeking lawful immigration find themselves treated like criminals, while the true perpetrator ` the department itself` escapes accountability.
Time and again we’ve witnessed the minister’s erratic behaviour, epitomised by his reckless publication and subsequent withdrawal of regulations. His actions have only served to deepen the chaos within the department. How can we trust a system where regulations are issued hastily, revoked arbitrarily, and contradicted in media briefings?
Indifference
The minister’s indifference to the plight of those affected by his decisions is appalling. Families torn apart, dreams deferred and futures uncertain, all casualties of his mismanagement. His nonchalant dismissal of the backlog, coupled with blatant falsehoods about its composition, underscores his detachment from reality.
What must the minister do to restore confidence in the system? First and foremost, he must acknowledge the gravity of the situation and take responsibility for the department’s failings. Transparency and accountability must become the cornerstones of his leadership. He must work tirelessly to address the backlog, ensuring that no family is left stranded in bureaucratic purgatory.
Furthermore, the minister must engage in meaningful dialogue with stakeholders, including legal professionals, immigration advocates and affected individuals. Collaboration is key to finding sustainable solutions to the myriad challenges facing our immigration system.
In the face of such egregious failures it is imperative that we address not just the symptoms but the underlying causes of dysfunction within home affairs. This requires a comprehensive examination of its institutional culture, its processes and its capacity to fulfil its mandate effectively.
One glaring issue is the chronic underinvestment in resources and infrastructure within the department. Overwhelmed caseworkers, outdated technology and labyrinthine bureaucracy have created a perfect storm of inefficiency. It is no wonder that applications languish for years awaiting processing, while families suffer the consequences of administrative inertia.
In addition, the lack of accountability within the department is deeply troubling. When court orders are flouted with impunity, when directives are issued and rescinded on a whim, it erodes public trust and undermines the credibility of our institutions. The minister must be held accountable for his actions or lack thereof, and mechanisms must be put in place to ensure the rule of law prevails.
Fundamental revaluation
Furthermore, the department’s approach to policymaking must undergo a fundamental revaluation. Too often decisions are made in isolation, without meaningful consultation with stakeholders or consideration of their broader implications. This unilateralism breeds confusion, frustration and ultimately injustice. We need a more inclusive, transparent and evidence-based approach to policy development, one that prioritises the needs and rights of those affected by immigration decisions.
But, perhaps most importantly, we need a paradigm shift in how we view immigration. It’s not just about processing paperwork or enforcing regulations; it’s about recognising the humanity and dignity of every individual who seeks to call our country home. Immigration is not a threat to be managed or a problem to be solved; it’s an opportunity to enrich our society, to build bridges across cultures, and to create a more prosperous and inclusive nation for all.
Should the minister fail to fulfil these critical steps and should he neglect to establish an immigration advisory board comprising individuals with the requisite expertise, including representation from stakeholders such as ourselves, then we must draw a line. We cannot continue to beseech him to recognise the gravity of his role and responsibilities.
We cannot continue to tolerate this level of incompetence and disregard for the law. We call upon the president to intervene, to enact a much-needed shuffle within the department of home affairs leadership. We demand competence, integrity and a genuine commitment to upholding the principles of justice and fairness.
The crisis at home affairs is not just a legal or administrative issue; it’s a moral imperative. We cannot turn a blind eye to the suffering and injustice inflicted upon countless individuals and families. We cannot allow incompetence and indifference to define our immigration system. We must demand better, and we must hold our leaders accountable for delivering it.
We cannot afford to let the department continue its downward spiral unchecked. Let us stand united in demanding accountability, transparency and justice for all those affected by its failings. Our immigration system is at crossroads, and the path we choose will shape the future of our nation. Let us choose wisely.