Articles

After 10 years of court battles, Home Affairs will open Cape Town refugee office

The long wait for a Cape Town Refugee Reception Office will finally come to an end on Monday. A new office on Grenville Avenue in Epping is expected to open its doors officially for asylum and refugee services on 20 March.

This comes after more than ten years of court battles since the Department of Home Affairs closed its Cape Town refugee office.

In October last year, GroundUp reported that the new centre had finally started to take shape in Epping.

According to the UCT Refugee Rights Clinic Facebook page, all new asylum and refugee matters will be heard at the Epping offices. “If anyone has any matters that still need to be dealt with before the 20th, you may still be required to attend their old office at Foreshore where the remaA notice issued by Home Affairs states: “The department has moved most of the officials and equipment to the new office site effective from 1 March 2023. Skeleton staff will remain in the office for two weeks, ending on 17 March 2023. Thereafter, the department will leave a notice that advises the clients on the new office location. The skeleton staff at Customs House will mainly assist in redirecting clients and attending to minor service requests.”

“At this stage only clients with appointments/appointment letters will be received at the new site. No client will be assisted without prior arrangements until further notice. Clients which were issued with an appointment letter to report to the old address on a future date are requested to all report to the new premises. Any in-person visit will be as per appointment.”

Home Affairs also said that those wanting extensions of asylum documents and refugee status should apply online.

The legal battle between refugee advocacy organisations and Home Affairs dates back to 2012 when the department closed its Cape Town Refugee Reception Office. The closure meant that refugees could only apply for asylum in Durban, Musina and Pretoria.

The Western Cape High Court ruled that the closure was unreasonable and irrational in 2012. Home Affairs was ordered to re-open the office by the High Court in 2016, and again by the Supreme Court of Appeal in 2017.

The department then sought leave to appeal from the Constitutional Court, but the application was denied.

When Home Affairs had still not opened the Refugee Reception Office by 31 March 2018, the Legal Resources Centre (LRC) took the matter back to court on behalf of the Scalabrini Centre and the Somali Association of South Africa. In May 2021, Acting Judge Alma de Wet ordered Home Affairs to submit monthly reports on its progress in opening the office.

Devon Turner of the LRC told GroundUp they had accompanied court staff and Home Affairs officials to the new office in February. Asked about the new site, Turner said IDs and passports would also be issued at the Epping office which would mean refugees would not have to visit the Barrack Street offices for those services. “This is quite positive.”

Turner said the office in Epping has separate entrances, one for asylum seekers and refugees, and another for Home Affairs staff. “They are trying to prevent any kind of bribery,” he said.

He said that the office works on a ticketing system to aid the flow of people through each point of service. There are “children-friendly” spaces, he said, and an open space for the Refugee Status Determination Officer’s decision-making and interviews. “The space has smart cameras all over. The open spaces have been designed so that there are no blind spots where someone can try to elicit a bribe,” he said.

www.samigration.com V.4737

Home Affairs rejects almost 9 000 ‘refugees’ in 12 months

Cape Town - The Department of Home Affairs (DHA) processed 10 643 newcomer asylum applications in five refugee reception centres during the 2022/23 financial year, and rejected 8 948 of them, Minister Aaron Motsoaledi revealed in Parliament. Although lobby groups are pushing against what they deem to be anti-foreigner sentiment from the DHA, a city activist grouping says Motsoaledi’s figures were slightly down from last year. The term “refugees” refers to people who have fled wars or persecution, while “asylum seekers” describes people who claim to be refugees but whose claim has not been reviewed. DA MP Adrian Roos asked Motsoaledi for the number of newcomer asylum applications processed for each refugee reception centre in the previous financial year, and how many were rejected as “unfounded”, “manifestly unfounded”, and those granted. V.4805

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Australia unveils direct pathway to citizenship for New Zealanders

SYDNEY, April 22 (Reuters) - Australia announced on Saturday a direct pathway to citizenship for New Zealanders living in the country, reversing controversial visa rules a day before a visit by New Zealand Prime Minister Chris Hipkins. Hipkins, set to visit Queensland state`s capital Brisbane on Sunday, hailed the move as `the biggest improvement in the rights of New Zealanders living in Australia in a generation`. The changes, effective from July, meant New Zealand citizens living in Australia for four years or more could apply for citizenship without having to become permanent residents first, Australian Prime Minister Anthony Albanese said in a statement. `We know that many New Zealanders are here on a Special Category Visa while raising families, working and building their lives in Australia. So I am proud to offer the benefits that citizenship provides,` Albanese added. V.4806

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I’m officially a South African: joy of Limpopo man who’s battled to get an ID for 10 years

For years his life was in limbo. He struggled to get a job, couldn’t get a driver’s licence and he wasn’t able to get married all because he wasn’t recognised as a South African citizen. Tebogo Khoza (26) was born in South Africa but he had nothing to prove it. For almost a decade he’s battled to show he is who he says he is and finally he has the precious piece of paper that will allow him to get on with his life. The North Gauteng high court in Pretoria recently ruled the department of home affairs should register him as a South African and issue him with an identity document. The first step was giving him a birth certificate and when he received it he could hardly believe his eyes. V.4807

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Zimbabwean migrants are part of South Africa`s fabric

The termination of the Zimbabwe Exemption Permit would damage South Africa’s reputation as a human rights leader in the region. A migrant worker is detained by South Africa Police Services officers after being stopped at a check point during an operation with the Home Affairs Immigration officers, September 22, 2022 [File: Marco Longari/AFP] From April 11 to 14, a full bench of the Pretoria High Court heard an application to set aside the termination of the Zimbabwe Exemption Permit (ZEP), a special facility allowing 178,421 holders temporary legal status to live, work, conduct business and study in South Africa. In April 2009, South Africa established the Dispensation of Zimbabwean Permit (DZP) to regularise the status of thousands of Zimbabwean nationals who had fled political and economic instability in their country, mostly between 2007 and 2009. ry. V.4798

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African billionaire migration affecting job creation - wealth report

Mauritius is one of the top 10 African countries with the most millionaires. • There are 52 African-born billionaires globally, and only 23 of them still live on the continent, according to the Henley & Partners Africa Wealth Report for 2023. • There are 138 000 American dollar millionaires, 23 billionaires, and 328 people worth more than a hundred million in Africa. • South Africa, Egypt, Nigeria, Kenya, and Morocco account for 56% of Africa`s high-net-worth individuals. African billionaires are migrating, affecting the ability of countries on the continent to create employment, according to the Henley & Partners Africa Wealth Report for 2023. The report noted that there were 52 African-born billionaires on the globe and that only 23 of them still lived on African soil, but not necessarily in their home countries V.4799

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Amid economic hardships, investors see opportunity in South Africa

The South African economy has had its roughest downturn over the last three years, and despite ranking fairly well against fellow emerging economies in the BRICS block, the persisting challenges continue to threaten hopes of a thriving economy. These rough times the economy is experiencing has also seen business withholding capital and some redirecting it to stabilizing operations by investing in alternative power supplies instead of expansions. Previously when the same businesses were withholding capital, it was termed “investment strike” as the capital was not being redirected but simply withheld in a ‘wait and see’ silent protest. Both scenarios have the same impact but this time the money is being invested in a different sector of the same economy. V.4800

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South Africa’s visa chaos, legal action is an option

The visa backlog at home affairs is causing serious headaches for people looking to travel or work in South Africa. Marisa Jacobs, Managing Director of Xpatweb, said that the Department of Home Affairs’ decision to withdraw the central adjudication system has led to a major visa backlog, with the minister of home affairs, Aaron Motsoaledi, saying that the backlog stands at over 60,000. The minister has, however, announced a new visa cession extending to 31 December 2023. V.4842

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Zimbabwe facing myriad `traditional` obstacles ahead of general elections

A tanking economy, lawfare, a shrinking civic space, propaganda, an electoral body under fire and disinformation have all come to the fore ahead of general elections in Zimbabwe. President Emmerson Mnangagwa has gazetted Wednesday, 23 August as the election date. Political parties have three months to convince the electorate to cast their votes for them. If there is a run-off, it will be held on 2 October. Various think tanks predict a close race between Mnangagwa and his biggest challenger, Nelson Chamisa of the Citizens Coalition for Change (CCC). The latest survey on the elections by US institute Fitch Solutions predicted a Mnangagwa victory because of the ruling party`s access to state machinery and resources. Zanu-PF`s overarching resources and influence compared to the opposition CCC, headed by Chamisa, will preserve its support in rural strongholds and win key votes in low-income urban areas. V.4841

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Automatic abandonment of asylum application: An analysis of the Scalabrini Centre of Cape Town v Minister of Home Affairs judgment

The process of applying for asylum in South Africa is governed by the Refugees Act 130 of 1998 (Refugees Act). Sections 22(12) and 22(13) were introduced into the Refugees Act by the Refugees Amendment Act 11 of 2017, which came into effect on 1 January 2020. These provisions, and their subsequent Regulations, were the subject of litigation launched in the Western Cape High Court. The Scalabrini Centre of Cape Town instituted proceedings against the Department of Home Affairs (DHA), challenging the constitutional validity of sections 22(12) and 22(13) and Regulation 9 and Form 3 of the Refugee Regulations. These impugned provisions create an automatic presumption that asylum seekers have abandoned their application if they do not renew their asylum visa within 30 days after its expiry the effect of this automatic presumption can be far-reaching and may lead to asylum seekers who have genuine claims being deported back to circumstances in which they can face further persecution. V.4838

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Judge tells Home Affairs to get house in order, stop wasting taxpayers’ money

A judge gave the Department of Home Affairs a tongue lashing for wasting taxpayers’ money by not doing its work and ignoring applications made by the public. He said these ended up in the courts, usually with the taxpayers footing the legal bill on behalf of the department. Judge MP Phooko, sitting in the Gauteng High Court, Pretoria, said it was time “Home Affairs got its house in order”. He pointed out the courts were flooded with applications from people who could not get any answers from the department, regarding their legal status in the country. In the late V.4839

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Tongaat Home Affairs official gunned down in street

The woman is believed to have been on her way home at the time of her murder. An as yet unidentified Home Affairs official was shot and killed in Gopalall Hurbans Road in Tongaat on Thursday afternoon at around 4pm. Members of Reaction Unit South Africa (RUSA) swiftly responded to multiple reports of the shooting. Eyewitnesses told RUSA officials a male passenger abruptly exited a still-moving car before drawing a firearm and opening fire on the woman driver. Her vehicle veered off the road and collided with a construction barrier. V.4840

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Rwanda`s most wanted genocide fugitive arrested in SA after three decades on the run

Rwanda`s most wanted genocide fugitive has been arrested in South Africa after three decades on the run. A collaborative operation by the International Residual Mechanism for Criminal Tribunals (IRMCT), the Fugitive Tracking Team and South African authorities resulted in the arrest of Fulgence Kayishema, 63, on Wednesday afternoon in Paarl, Western Cape. It had been known for years that Kayishema, who once worked as a bouncer, was hiding in South Africa. However, fractured relations between South Africa and Rwanda made it difficult to track and arrest him. V.4837

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Zimbabwean prisoners want to be paroled and repatriated

The release of Zimbabwean prisoners in South Africa appears to be supported by both governments. A campaign has kicked off to repatriate thousands of Zimbabwean prisoners eligible for parole. A letter sent by attorneys representing the Zimbabwe Exemption Permit Holders Association (Zepha) to the ministers of Home Affairs and Justice and Correctional Services demands action to facilitate the release and repatriation of Zimbabwean prisoners eligible for parole by Tuesday (23 May), failing which the matter will be taken to court. “The release of Zimbabwean prisoners eligible for parole is within the interests of justice and would save taxpayer money,” say Zepha’s attorneys. “Our instructions are to request that your respective departments work with the Zimbabwean Embassy in processing Zimbabwean prisoners in South Africa eligible for parole to be released and repatriated to Zimbabwe.” V.4836

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Don’t straighten my curls to fit your ID, angry Cape Town woman tells Home Affairs

Johannesburg, Is a picture really worth a thousand words? This is the question a Cape Town woman asked when she collected her new passport at a bank in the city. Much to her dismay, the woman, who does not want to be identified, found that her curls had been photoshopped by the Department of Home Affairs (DHA) and she was given a straight hairstyle. When asked about the alteration, the bank official told her all her curls could not fit into the passport photo and DHA had to change her hairstyle. In a Facebook post, the woman wrote: “Went to collect my passport at the bank (after a totally pain-free) process. When the guy handed me my passport obviously the first thing I did was turn to the photo page. Anyone who knows me, knows I hate photos, especially posed photos, which this was. I absolutely screeched. The guy looked petrified. Whaaaat? He asked. I told him to look at the photo. V.4834

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Registration of newborns being hampered by power cuts: Home Affairs

The Department of Home Affairs says rolling blackouts are having a negative impact on the registration of newborn babies, within the stipulated 30-day time frame. It says the use of generators during power outages is not without challenges. The department briefed Parliament’s Portfolio Committee on its performance in achieving its targets for the third and fourth quarters of the 2022/2023 financial year. V.4835

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Drag me to court,` Motsoaledi dares DA after claims he broke the law for UAE visit

DA MP Angel Khanyile said Home Affairs Minister Aaron Motsoaledi broke the law when he failed to gazette his declaration of the Bulembu Airport as a national point of entry to allow the Emirati president and his entourage into the country. • Self-admitted legal layperson Motsoaledi previously told the Portfolio Committee on Home Affairs he interpreted the law himself, and didn’t obtain a legal opinion. • Responding to the debate on his portfolio’s budget, Motsoaledi challenged Khanyile to drag him to court or to law enforcement agencies if she believed he broke the law. Home Affairs Minister Aaron Motsoaledi mockingly challenged the DA to “drag [him] to court or law enforcement agencies” after the party claimed he broke the law to allow the Emirati president and his entourage to enter South Africa at the Bulembu Airport last month. V.4832

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Changes for e-Visas in South Africa

Home Affairs minister Aaron Motsoaledi says South Africa’s e-Visa systems will be expanded in the coming financial year to include more visa types. Delivering his budget debate address on Wednesday (17 May), the minister said that work is underway to develop and expand the current e-Visa system. He said that Home Affairs is critical to president Cyril Ramaphosa’s investment drive to kickstart the economy, and through Operation Vulindlela, has been given the mandate to improve the country’s overall visa regime. The minister said that to this effect, South Africa’s e-Visa system will be expanded to 20 more countries during the course of the year. V.4833

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MPs dissatisfied with new Home Affairs system updates

The BMCS system is replacing the 2010 Movement Control System (eMCS) and enables the capturing of fingerprint and facial biometric data of all travellers who enter or exit South Africa. Cape Town - The Department of Home Affairs report on challenges of the roll-out of the Automated Biometric Identification System (ABIS) and the Biometric Movement Control System (BMCS) left MPS unimpressed and requesting a quarterly update moving forward. The BMCS system is replacing the 2010 Movement Control System (eMCS) and enables the capturing of fingerprint and facial biometric data of all travellers who enter or exit South Africa. According to the department, in the 2022/23 financial year the system was rolled out to 34 Ports of Entry and up to 30% of immigration counters. V.4830

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SA Opposition Supports ZEP Renewal For People From Matabeleland

The African People First (APF) opposition party in South Africa has supported Zimbabwe Exemption Permit (ZEP) renewal for people from Matabeleland, citing historical connections. This comes after representatives from the Ndebele King Bulelani Khumalo’s office, from the Mthwakazi Royal Kingdom, raised concerns about Zimbabweans facing deportation when their permits expire next month. The APF also spoke to South African Home Affairs Minister Aaron Motsoaledi about the issue. In a statement dated May 8, APF secretary-general Julie Pillay Mbuthuma said: We are hereby pleased to give you positive feedback on the meeting held with Motsoaledi on May 8, at his chambers, spearheaded by our president (Muzi) Hlengwa, accompanied by APF deputy president Bishop Dlamini and national chairperson Bee Hlengwa. V.4831

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‘Our lives are on the verge of ruin’

WITH less than two months before the South African government terminates the Zimbabwean Exemption Permits (ZEP), gloom and despair have set in for the permit holders and their families. In January 2022, the South African cabinet decided that the ZEP arrangement had to be terminated by December 31, 2022, and applicants should apply for other visa regimes for which they qualify, or for a waiver of certain requirements of the visas they apply for to retain their legal status in the country. On September 2, 2022, Home Affairs minister Aaron Motsoaledi issued a directive extending the ZEPs for an additional six months, until June 30, 2023. V.4826

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