Newly appointed Home Affairs Minister Malusi Gigaba has given the assurance that he is sensitive to the need to balance economic and security considerations and indicated that the new immigration regulations, which were introduced on May 26, could still be amended should they prove to be a constraint on the economy, or too onerous to administer.

The regulations, which overhaul the way work, study and asylum visa applications would be managed, have been heavily criticised by immigration practitioners as being unduly burdensome and possibly even unconstitutional. It has also been noted that not all the supporting notices have been published to facilitate the administration of the new regulations.

Speaking three days into his new position, the former Public Enterprises Minister, who, prior to that, was Deputy Home Affairs Minister, said he was acutely aware of the pressure on the Department of Home Affairs to facilitate the introduction of critical foreign skills, particularly those required to advance the multibillion-rand infrastructure programme. However, he stressed that the department could not afford to neglect national security when introducing new systems.

Efforts, he argued, had been made to strike the correct balance in the new regulations, which effectively marked the commencement of the Immigration Amendment Acts of 2007 and 2011. But they were not sacrosanct and Gigaba, thus, intended to continue to engage with stakeholders on areas of concern.

“I don’t believe that the regulations are cast in stone. As we move on and – through practice and experience – come to the determination that they are too onerous and impede the growth and development of the economy, we will take the necessary decisions in that regard.”

But he would not delay the full implementation of the regulations and would, thus, be putting his signature to the outstanding notices, which would be published in the upcoming Government Gazette.

Among the notices to be published was a ‘critical skills list’, which would be used for the issuance of critical skills visas – quota work permits and exceptional skills work permits would no longer be issued.

Gigaba also defended the stipulation that visa applicants personally present themselves at a mission in their country of origin, which he said was necessary for securing the biometric information now required for the issuance of such visas. He dismissed arguments that it was an attempt to undermine local immigration practitioners, who still had a key role to play in advising and guiding applicants.

“But we will continue engaging,” Gigaba insisted, adding he would prioritise interactions with business, State-owned companies and the Presidential Infrastructure Coordinating Commission.

“We need to strengthen our capacity to be able to respond to the needs and requirements of the economy. I’m very well aware . . . of the need for companies such as Transnet and Eskom to be able to bring in skills from overseas for a period of time in relation to the infrastructure programme.”

But it would be “presumptuous” to conclude that the needs of the economy superseded those of security, because “without security we might not have the economy”.