Immigration and citizenship law specialist Stefanie de Saude Darbandi says rising anti-migrant sentiment in South Africa stems primarily from deep-seated economic frustration—not inherent hostility—amid persistent unemployment, service delivery pressures, and high crime rates.
Darbandi noted that while recent protests and the voluntary return of approximately 300 Ghanaian nationals have intensified public debate, most South Africans coexist peacefully with foreign nationals. A key driver of tension, she explained, is widespread confusion over immigration status: many individuals labeled “illegal” are actually undocumented migrants with pending applications submitted years ago, delayed by systemic backlogs rather than willful non-compliance.
“Enforcement of immigration law is the state’s duty—not that of communities or private actors,” Darbandi stressed, calling for a more efficient, transparent system. While digitization efforts have begun, she said processing times and enforcement coordination still require significant improvement.
Clarifying the recent Ghanaian repatriation, Darbandi described it as a diplomatic arrangement between the South African and Ghanaian governments, distinct from formal deportation under the Immigration Act. Participants leaving voluntarily are not designated as “prohibited persons” and avoid automatic visa bans. However, those departing without a valid visa—and not protected by the current blanket waiver for pending applicants—may still be declared “undesirable,” potentially affecting future entry eligibility.
The blanket waiver, she explained, bridges the gap between visa expiry and new issuance for applicants with active files, allowing them to exit without sanctions if covered.
For migrants fearing legal consequences when approaching authorities, Darbandi highlighted the Immigration Act’s regularization mechanism, known as the “good cause” process. This amnesty-style provision invites undocumented individuals to come forward, admit their status, and receive one of two outcomes: assistance to regularize their stay within South Africa, or a 14-day window to depart voluntarily—without deportation penalties.
She acknowledged that Home Affairs has, in some cases, pursued criminal charges alongside regularization offers. However, Darbandi clarified that under the Act, paying an admission-of-guilt fine—without serving a custodial sentence—does not classify a person as “undesirable.” Such a record should not, therefore, automatically disqualify future visa or permit applications.
Darbandi also addressed the erosion of public trust in government processes, noting that frustration often stems from perceived inaction. Yet she emphasized that legal pathways remain accessible: “Being undocumented or in hiding does not mean options are exhausted.”
Underscoring the complexity of migration drivers, she reminded audiences that many arrivals flee conflict, persecution, or instability abroad—factors that extend beyond South Africa’s borders. Sustainable solutions, she concluded, demand both systemic reform and nuanced public discourse that separates economic anxiety from xenophobic narratives, while upholding lawful, humane, and efficient immigration governance.