In the current context, corruption and dysfunction within the institutions responsible for managing undocumented migrants, asylum seekers and refugees have come to the fore, shedding a harsh light on the flaws in our immigration system. This reality raises major concerns about the protection of the human rights of foreigners and undermines public trust in the agencies responsible for ensuring the ethical and fair management of these vulnerable populations.
A cornerstone of this problem is the systemic corruption that plagues state institutions, including the Department of Home Affairs. Cases of bribery and embezzlement within these agencies responsible for issuing legal documents point to a financial crime that is rooted in the South African immigration system. Prolonged delays, exploitation of undocumented migrants and endemic corruption undermine the foundations of a system that is supposed to ensure the protection and integration of foreigners into our society.
Faced with significant administrative backlogs, documented cases of exploitation and pervasive corruption, the Department of Home Affairs faces major challenges. Internal investigations have revealed corrupt practices, such as the approval of permits based on false documents and the use of bribes to circumvent legal procedures. This leaves many foreign nationals without legal protection, exposed to exploitation by unscrupulous employers.
The Refugee Act requires asylum seekers to report to a Refugee Reception Office within five days of arrival in South Africa. However, due to shortened application times and administrative inefficiencies, many asylum seekers are forced to resort to corruption to obtain refugee status. Those who escape the flawed asylum system have their applications rejected in 90% of cases.
In addition to violating the human rights of foreigners fleeing persecution and war in their home countries, corruption in the immigration process creates a breeding ground for criminal activities by certain networks around immigration. These networks include officials from the Department of Internal Affairs, members of the police, and employers of asylum seekers. The repressive actions carried out by the authorities in 2021 demonstrated the scale of the problem, with arrests affecting 123 officials from the Department of Internal Affairs, 84 members of criminal networks, and eight members of the police.
The investigation carried out in 2022 by the ministerial committee mandated by the Minister of Internal Affairs revealed acts of theft, fraud, and corruption within the Department. These acts include the approval of permits based on false documents, bribes to change entry stamp dates and avoid queues, and the complicity of officials in these illegal activities, such as the approval of fraudulent permits or the facilitation of bribes. These practices include the release of foreign nationals awaiting deportation without official authorization, bribes paid to avoid paying visa overstay fines, and permit extensions without the approval of the Refugee Council.
Recent arrests and convictions of foreigners involved in illicit activities in Home Affairs offices highlight the endemic corruption within the institution. These cases also highlight the vulnerability of Home Affairs officials to criminal networks, highlighting the need for comprehensive reforms to ensure accountability and restore public confidence in our immigration processes.
Undocumented migrants are among the most exploited and vulnerable workers in the country, often forced to accept low wages and harsh working conditions. Some must wait months for their wages, and those who dare to voice their concerns risk being reported to the police, arrested and deported. Inefficiencies in the asylum and documentation system, leading to expired or falsified permits, facilitate this exploitation by law enforcement. There are reports of internal affairs officials soliciting bribes to release detainees, even when they have valid proof of their legal status that would justify unconditional release.
In conclusion, corruption and dysfunction within the bodies responsible for managing undocumented migrants, asylum seekers and refugees pose serious threats to the integrity of our immigration system. Deep reforms and concerted action are needed to end these harmful practices, ensure the protection of the fundamental rights of all individuals, and restore confidence in our institutions charged with managing these crucial issues.