In the realm of immigration and visa services, we witness situations that highlight deep-seated flaws in our system—none more pressing than the “double punishment” faced by foreign nationals in South Africa. This is an issue that cannot be ignored any longer.

When a foreign national overstays their visa, they are issued a banning order—an order of undesirability that can ban the recipient for up to 5 years for an overstay infringement. While the banning order itself is significant, what happens next raises serious concerns: after serving their ban, many individuals remain on the Department’s V-List.

The V-List is a database of all foreign nationals who are deemed undesirable or prohibited. This database is meant to serve a necessary function by ensuring we don’t allow prohibited or undesirable persons into the country. But when foreign nationals remain on this list even after their banning period has expired, they are unfairly subjected to ongoing punishment. Is this what our immigration system is designed for—to continue penalizing people beyond the terms of their sanction?

This oversight has severe and far-reaching consequences:

1. For Individuals: Foreign nationals who remain on the V-List after their banning period face a world of uncertainty and distress. Unable to obtain visas or re-enter South Africa, their personal and professional lives are thrown into turmoil. How can we justify prolonging their suffering due to administrative inaction?

2. For Employers: Companies that rely on foreign talent face losses when key personnel are unjustly blocked from returning to work. This not only harms businesses but threatens South Africa’s ability to attract and retain global talent. Can we afford to let our economy suffer because of these preventable errors?

3. For South Africa’s Global Standing: These lapses send a troubling message about our immigration system’s fairness and reliability. Skilled professionals may think twice before considering South Africa as a destination, tarnishing our reputation on the global stage.

The solution is clear: the Department of Home Affairs must implement an automatic system to promptly remove individuals from the V-List once their banning order has been served. This is not merely an administrative fix—it’s about ensuring fairness, upholding individual rights, and protecting South Africa’s credibility.

This is a call for the powers that be to review the current system and rectify it promptly.

What are your thoughts on this matter?