Deepening socio-economic challenges in South Africa are intensifying resentment toward foreign nationals, according to immigration and citizenship law specialist Stefanie de Saude Darbandi. She argues that widespread frustration over unemployment, high crime rates, and strained public services is driving perceptions that migrants are unfairly succeeding while citizens struggle.
Darbandi emphasized that while immigration debates have grown increasingly tense—highlighted by recent protests and the voluntary repatriation of approximately 300 Ghanaian nationals—most South Africans are not inherently hostile, and many foreign nationals live and work peacefully in the country. A critical issue, she noted, is public confusion over legal terminology: the distinction between “undocumented” and “illegal” foreigners is often misunderstood. Many individuals whose status appears invalid may have pending applications filed years ago, with delays attributable to systemic inefficiencies rather than intentional non-compliance.
“Immigration enforcement is the responsibility of the state, not of private groups or communities,” Darbandi stated. She called for a more functional immigration system, noting that while some digitization and reforms have occurred, processing times and enforcement mechanisms remain inadequate.
Regarding the recent repatriation of Ghanaian nationals, Darbandi clarified that the process appears to be a diplomatic arrangement between the South African and Ghanaian governments, distinct from formal deportation under the Immigration Act. Those leaving voluntarily are not classified as “prohibited persons” and do not automatically face visa restrictions. However, individuals departing without a valid visa—and not covered by the current blanket waiver designed to protect pending applicants—could still be declared “undesirable” and face future entry bans.
Darbandi also addressed concerns among migrants who may fear approaching authorities due to potential criminal charges. She explained that the Immigration Act includes a regularization mechanism, known as the “good cause” process, which functions as an amnesty provision. Applicants who come forward may either be assisted to regularize their status from within South Africa or granted 14 days to depart voluntarily. While Home Affairs has occasionally pursued criminal charges alongside regularization efforts, Darbandi noted that paying an admission-of-guilt fine does not, under the Act, render a person “undesirable” or automatically disqualify them from future visa applications.
She underscored that public distrust in government processes has eroded confidence, yet stressed that legal pathways remain available. “Being undocumented or in hiding doesn’t mean there are no options,” Darbandi said, urging clearer communication about rights and procedures.
As debates over migration continue to intersect with economic pressures, Darbandi concluded that sustainable solutions require both systemic reform and nuanced public understanding—recognizing that migration is driven by complex push factors, including conflict and instability abroad, while ensuring that enforcement remains lawful, efficient, and humane.
