Reconstitution of South Africa’s Immigration Advisory Board: A Policy Shift
In a significant policy development, South Africa’s Minister of Home Affairs, Dr. Leon Schreiber, has announced the reconstitution of the Immigration Advisory Board (IAB), marking its first operational presence in more than a decade. This initiative seeks to strengthen immigration governance through structured policy recommendations and regulatory compliance (Department of Home Affairs, 2025).
Institutional Framework and Legislative Considerations
The IAB’s reinstatement aligns with Section 4 of the Immigration Act 13 of 2002, which mandates its advisory role in shaping immigration regulations and policies. A key function of the IAB will be reviewing exemption permits, including the Zimbabwean Exemption Permit (ZEP), following judicial rulings that declared its termination unlawful, unconstitutional, and invalid. Minister Schreiber emphasised that the IAB will rely on empirical evidence and expertise to enhance security and economic efficiency in South Africa’s immigration system. In a statement to Times Live the minister said "The IAB will enable the department to draw on deep and varied expertise, and empirical evidence, to improve the security and efficiency of South Africa’s immigration system, while ensuring policy and regulation supports the government’s apex priority of unlocking economic growth and job creation"(TimesLive, 2025).
The composition of the IAB includes legal experts, such as James Chapman from the Scalabrini Centre of Cape Town, an advocate for refugee rights. Chapman has expressed optimism about the Board’s ability to foster constructive policy debates rooted in dignity and human rights. In a quoted statement, he said, “I’m looking forward to constructive debates that ensure the rights and dignity for all those living in South Africa…I anticipate that the Board will go with open minds, coupled with their experiences, to give good advice to the minister” (Bernard Chiguvare, 2025)
Policy Priorities and Civil Society Engagement
The Board is expected to address concerns surrounding the White Paper on Citizenship, Immigration, and Refugee Protection, which has faced criticism from organisations such as Kopanang Africa Against Xenophobia (Kaax) for its lack of participatory engagement. Additionally, the Constitutional Court’s ruling on the ZEP underscores the need for due process in migration governance. The ongoing legal battles between the Department of Home Affairs and civil society groups, particularly the Scalabrini Centre, further highlight systemic flaws in current refugee and asylum procedures (Mike Ndlovu, 2025).
The reconstitution of the IAB represents a critical juncture for South Africa’s immigration policy, offering an opportunity to reconcile governance with constitutional and humanitarian principles. Addressing xenophobia requires a multifaceted approach, including robust legal frameworks, civil society collaboration, and socio-economic transformation. A sustained commitment to equitable migration policies can help dismantle systemic inequalities and foster inclusivity in post-apartheid South Africa.
References
Bernard Chiguvare. (2025, April 4 ). Immigration Advisory Board appointed for the first time in a decade, says Schreiber. Retrieved from GroundUp: https://groundup.org.za/article/immigration-advisory-board-appointed-for-the-first-time-in-a-decade-says-schreiber/
Department of Home Affairs. (2025, April 01 ). Minister Leon Schreiber appoints the Immigration Advisory Board. Retrieved from Department of Home Affairs: https://www.dha.gov.za/index.php/statements-speeches/1881-minister-leon-schreiber-appoints-immigration-advisory-board
Jean Pierre Misago, Kabiri Bule and Silindile Mlilo. (2021, December). Xenophobic Violence in South Africa: Retrieved from Xenowatch: https://www.xenowatch.ac.za/wp-content/uploads/2022/04/Xenowatch-Report-2021_Final.pdf
Mike Ndlovu. ( 2025, April 09 ). Can a new immigration board end SA’s legacy of xenophobia? Retrieved from Daily Maverick: https://www.dailymaverick.co.za/opinionista/2025-04-09-can-a-new-immigration-board-end-sas-legacy-of-xenophobia/
TimesLive. (2025, April 02 ). Immigration advisory board to advise Home Affairs on policy. Retrieved from TimesLive: https://www.timeslive.co.za/politics/2025-04-02-immigration-advisory-board-will-advise-home-affairs-on-policy/
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