Archive from July, 2022

Zimbabwean Governmnet Taking SA Government To Court For Not Renewing Zim Work Permits

News Hub Creator 28-07-2022

We know that there are many foreigners living in the country but more than often, Zimbabweans are always the ones who are problematic because they think that they know too much about South Africa, and if it were according to them, they would call themselves South Africans as we know that there are those who are already doing that. Those who are already in the country are fighting so hard to ensure that they remain in the country and those who are in Zimbabwe are fighting to come to South Africa. It is just a battle and South Africans are pushing back.

The Zimbabwean government is now fighting the South African government.

The ANC government has disappointed and sold the people of South Africa because it is because of the ANC that we are having all these kinds of issues. They are now all over the place when they see that South Africans are not giving up the fight against illegal immigration.

As if this was not enough, we are now having the Zimbabwean government that is taking the minister of home affairs to court just because he did not renew the Zim Work Permits. They are trying to interdict him from deporting those Zimbabweans when the time has come, and they have not fixed their documents because those permits are expiring very soon.

www.samigration.com

Jul 28, 2022 - Business Permit    No Comments

Post Covid, South Africa is back in business

City Press – 28 July 2022

There’s an isiZulu idiom that posits, ‘Isisu somhambi singangenso yenyoni.’ Directly translated, it suggests that a visitor’s belly (satiation capacity) is as small as the size of a bird’s kidney. But, this translation belies the profound and instructive meaning.

The true and deeper meaning speaks to the unstoppable spirit of hospitality, generosity and sharing of what little you have. A spirit so innate to African life that extending these courtesies even to a total stranger who just so happens to visit one’s home is considered no burden at all.

In the traditional, rustic village life of old, it was not uncommon for a weary traveler far from home, battered by the day’s travels, troubles and toils to at dusk approach any home on his or her path in this spirit, and be welcomed in that unique ubuntu-inspired hospitality.

Despite the vastly changed social setting in our country, that spirit of ubuntu has never left us as a people. The genuineness of the smiles we give visitors when they come to our shores, going out of our way to assist them where they need directions or recommendations for the best braai spot, the soul and passion we pour into our conversations and the laughter and dance when we entertain are some of the traits that consistently rank highly when tourists from various parts of the world are asked about their experiences in our beautiful country.

To think that we, as Africans in the southern tip of our continent, are an anomaly in this regard would be complete folly. And, I suspect no one knows this better than Boipelo Tladinyane Hlubi, who bears the truly unique honour of having visited 54 of the continent’s 55 countries in an epic backpacking adventure.

See, Boipelo told delegates at the recently concluded Africa’s Travel Indaba about the incredible hospitality of the people she encountered and that hit home powerfully once again. She told of the intrigued-yet-warm African smiles with which she was received into and sheltered overnight in people’s homes, allowed to sleep on a rooftop and at the beach, among many overnight stays.

I also imagine the journey her palate must have also taken, from pap and nyama in the south to sadza ne nyama in Zimbabwe, nshima and kapenta in Zambia, to ugali na nyama choma in Kenya, to yam and egusi in Nigeria, and fufu and njama njama in Cameroon. Notice how many of the above-mentioned dishes refer to meat in some iteration of the word nyama? It and several others are the emphatic etymological proclamation – we are one!

Boipelo no doubt returned with tons of stories from her travels, as her book, A Safari Back to Self, attests. But equally, she undoubtedly imparted her “South African-ness” to those she encountered, as much as those countries all deposited something into the person she is today.

 This is what my Ghanaian counterpart Koffi Atta Kakra Kusi had in mind when he told us at Africa’s Travel Indaba that the story of Africa can be told through our heritage, natural resources, culture and traditions, as well as our values and customs as a people.

So, allow me to lay down a challenge for you, my fellow South Africans. This is a challenge that is perhaps aptly captured by the colloquialism: ‘Let’s keep it real’. Let us be true to who we are, as a people. Let us be true to the values of our unimpeachable humanity that has over generations enamoured us with people the world over. Let us not grow weary of extending the kind of ‘give you the shirt off my back’, exuberant hospitality and generosity.

After all, the economic benefits of doing so commend themselves. In the first three months of this year, for example, there were 1 047 558 international tourist arrivals into our country, representing a much-needed 170.7% increase when compared to the same period last year. Of those, a landslide 778 313 were tourists from other countries in our continent, rendering Europe, our second-biggest source market, with a contribution of 192 494 tourists, minuscule by comparison. Importantly, these visitors spent millions of rands staying in our lodges, hotels and B&Bs, eating out at restaurants, hiring vehicles and shuttles, and shopping in our malls and flea markets.

But, beyond the rands and cents sense of it all, our disposition is and should always be of arms wide open and ready to welcome. This is especially true in the year that marks exactly 20 years since the ideal of an African Renaissance was born, with the launch of the African Union in our ever-warm city of Durban.

I can think of no better way to take individual ownership of and give full meaning and content to our former president Thabo Mbeki’s timeless words: “Being part of all these people and in the knowledge that none dare contest that assertion, I shall claim that I am an African” than to be as exuberant as ever in our hospitality.

www.samigration.com

Hire foreigners illegally, ‘face the music’ warns Nxesi as road freight blitz puts 11 behind bars

Hire foreigners illegally, ‘face the music’ warns Nxesi as road freight blitz puts 11 behind bars

Fin24 – 28 July 2022

  • Eleven undocumented foreign workers were arrested in a government ‘mega blitz’ on the road freight sector in the North West province – adding to more than 200 foreign drivers already arrested this year for operating illegally. 
  • This comes amid rising tension in the trucking industry which is believed to have cost the economy some R300 million. 
  • The ‘blitzes’ are part of a bigger government crackdown on non-compliance with labour laws, though the inter-ministerial committee on trucking and logistics also has an 11-point plan to try to deal with tensions in the road freight sector. 

Over 50 contravention notices were issued and 11 undocumented foreign workers arrested in a week-long blitz on the road freight sector in Potchefstroom, North West, the Department of Employment and Labour has said.

The crackdown, which wrapped up this week, is part of a series of so-called ‘mega blitz’ inspections the department is carrying out across the country to ensure compliance with labour laws. According to government, the manufacturing sector will be up next.

The road freight blitz was a joint effort between the Department of Home Affairs (DHA), the South African Police Service (SAPS), and the National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI).

A spokesperson for the Department of Employment and Labour said among some 180 employers who were inspected, the 50 notices issued included a range of offences from underpayment to illegal deductions, safety violations, and the hiring of undocumented workers. One of the employers risked employees’ lives with a violation of the Occupational Health and Safety Act’s regulations on electrical installations, said Inspector General Aggy Moiloa.

‘Most’ employers underpaying

“What we discovered during these inspections is that most employers are underpaying their employees, making illegal deductions, and failing to provide their employees with payslips and employment contracts.

“We have since issued them with contravention notices, and we expect them to correct this within the time frames specified,” said Moiloa.

Roadblock blitz

Earlier in the week, four undocumented foreign nationals were arrested at a roadblock along the busy N12 route. This followed the arrest of seven others on Wednesday at a local company.

All are due to appear in the Potchefstroom Magistrate’s Court.

While it was the workers who were arrested, Employment and Labour Minister Thulas Nxesi said employers who hired undocumented workers would “face the music”.

“We have already found that several truck drivers are undocumented – are not paid in terms of the collective agreements and are not registered for the unemployment insurance fund. We are warning employers to ensure that they abide by the labour laws or face the music,” he said.

Several ministers had last month committed to intensifying their attention on the employment of undocumented foreign nationals, he added.

The minister’s remarks on exploitative labour practices have an unlikely ally in local truckers, who have complained that foreign nationals are often favoured for jobs because they are easier to exploit. The road freight sector has seen rising unrest over a period of years, which has intensified in recent months, as truck drivers protest the hiring of foreign workers.

In June, the Road Freight Association wrote to President Cyril Ramaphosa in desperation to ask for urgent intervention as protesting truckers blockaded some of SA’s key cargo routes.

While the N3 was a major target, the letter also highlighted delays on the N17, N11, N2, R59, and R74.

Amid the shutdown, motorists were also warned to avoid the N12 in the North West – in the area where four of the abovementioned workers were arrested – as truckers blockaded the road in protest against the hiring of foreign drivers.

It has been estimated that the truck driver protests have cost the SA economy up to R300 million.

At the end of June, the inter-ministerial committee on trucking and logistics – which comprises the ministers of transport and home affairs, police and labour – said over 200 foreign truck drivers had been arrested since the beginning of the year for operating unlawfully.

The committee was formed in 2019 in response to protests in the trucking industry. The committee said it had an 11-point action plan, one of which was to enforce visa requirements and other regulations, as well as labour laws, in the sector. 

www.samigration.com

Overseas arrivals to SA record 345% YoY rise

28 Jul 2022 – tourism update

With COVID restrictions falling away, overseas tourist numbers to South Africa in May rose by 345% compared with last year, from 20 762 to 92 368, according to the latest Tourism and Migrations Statistics report published by Statistics SA today.

For the year to date, 321 034 overseas travellers arrived on South African shores, compared with just 75 540 for the same period last year. 

Notably, the United States (with 23 789 arrivals) has surpassed the United Kingdom (15 111) as the top international inbound market, although arrivals from the whole of Europe still account for more than 50% of inbound tourists from overseas.

www.samigration.com

South Africans share their frustrations on VFS Global’s announcement on new visa applications

28 Jul  2022 – IOL

South Africans have taken to Twitter to voice their concerns about the costs and red tape involved with applying for UK visas.

South Africans have taken to Twitter to voice their concerns about the costs and red tape involved with applying for UK visas after VFS Global announced changes to the availability of Priority Services (PV) for new visit visa applications.

VFS Global said that the volume of PV appointments would be reduced to enable UKVI to process more standard applications and gradually reduce the overall processing time for all customers.

VFS said: “Please note that PV appointments for new visit visa applications must be purchased online during the appointment booking process and cannot be purchased in the Visa Application Centre or retrospectively. SPV appointments can be purchased online during the appointment booking process.”

Redi Tlabi, news anchor and author, responded on Twitter by saying: “Do UK missions overseas endorse shocking fees charged by VBS? Are Consulates aware that often, the ONLY service & appointments available are the VIP expensive ones & for weeks on end, normal appointments are locked. Even when applying early. It’s wrong!’’

Tlabi also questioned why people’s passports held for 8 weeks or more and after purpose of travel has passed specifically when it comes to emergency trips and visas for short visits.

She said: “In this digital age, can @USEmbassySA, @ukinsouthafrica & EU counterparts not find a humane solution that is suitable for 21st century realities? Holding on 2 a passport for 8+ weeks whilst deciding on a visa for a 4 day conference seems ill suited for rebuilding work & economies.”

Chartered Accountant and Sports Enthusiast Mariam Engelbrecht responded: “It certainly doesn’t help that the South African passport is losing its “secure” status amongst the EU . My view …. Government should be doing more on this matter before countries start imposing visas . It wasn’t so long ago that South Africans could travel to the UK visa free.’’

www.samigration.com

Zimbabwe exemption permit saga: Home Affairs facing fresh lawsuit as another challenger enters fray

News 24 – 28 July 2022

  • The Zimbabwean Immigration Federation is taking the Department of Home Affairs to court over the termination of the Zimbabwean Exemption Permit.
  • The organisation wants the department to start the review process for permits afresh.
  • It says its members will face discrimination and reprisal if they go back to Zimbabwe.

The Department of Home Affairs is facing another lawsuit relating to the looming termination of the Zimbabwean Exemption Permit (ZEP).

The ZEP is a special dispensation permit established more than 10 years ago that gives legal protection to an estimated 178 000 Zimbabwean nationals to live, work and study in South Africa.

However, the Cabinet decided in January that the arrangement must be terminated by December and that applicants should apply for a visa to remain in South Africa, based on a list of critical skills needed in the country.

In June, the Helen Suzman Foundation said it would be taking the government to court for discontinuing the permits. It said termination would turn ZEP holders in South Africa into undocumented migrants and force them to return to Zimbabwe if they did not meet the strict conditions of one of the visa categories on offer. The foundation said they would face similar conditions to what had led them to flee.

Now, another organisation – the Zimbabwean Immigration Federation (ZIF) – is also hauling the department to court.

In its papers, the organisation cited the Department of Home Affairs, President Cyril Ramaphosa, the South African Police Service, the South African National Defence Force, and the Border Management Authority.

The application, filed at the Gauteng High Court in Pretoria, was aimed at interdicting government departments from arresting or deporting ZEP holders once their permits expired at the end of the year.

South Africans, refugees and migrants use judo to fight xenophobia

In Johannesburg’s Alexandra township , a recently renovated building serves has the first “dojo” of this deprived neighbourhood. Around 20 schoolchildren are here to “learn to live together”, according to the coordinator of the “Judo for Peace” organisation. “Friendship, respect they are all things that are taught on the mat, on the tatami , as we…

The organisation also wanted ZEP holders to be able to leave or enter the country legally if all their other travel documentation was in order.

In the second part of its application, the ZIF wanted home affairs to review the decision not to extend the ZEP. The organisation also wanted the department to restart the review process for permits and, in the meantime, allow ZEP holders to remain in the country.

It contended that the termination of the ZEP would “impose a severe administrative burden on the Department of Home Affairs – who have not made reasonable steps to ensure they will be able to deal with the impending flood of applications by Zimbabwean Exemption Permit holders that will be lodged under the Refugees Act”.

The Gukurahundi massacre and apartheid

In its court papers, the organisation further argued that members of the ZIF were victims of the Gukurahundi massacre who had been left homeless.

“They were asylum seekers in South Africa before the DZP [Dispensation of Zimbabweans Project] in 2009 and have since remained in South Africa as holders of permits issued under the subsequent ministerial exemption dispensation.”

Cabinet created the DZP in April 2009, which was later renamed the ZEP.

The organisation said they were also worried that members of the LGBTQI community would face discrimination in Zimbabwe.

“Sending asylum seekers and refugees back to Zimbabwe will expose them to persecution in stark violation of South African law and international law,” it argued in its court papers.

The ZIF said Home Affairs Minister Aaron Motsoaledi was allowed to withdraw the permits under the immigration law, provided there was a good cause. However, it said the minister had erred in his decision to end the permits because he “failed to take into account relevant considerations in making the impugned decision”.

The ZIF added:

The Minister’s approach to the withdrawal of the exemptions that had been granted to Zimbabwean nationals is reminiscent of the brutal international migration policy adopted by the Apartheid regime, which imposed blunt immigration controls and tight restrictions on Africans it considered undesirable, regardless of the severe harm caused to their human dignity and rights.

It argued that the decision to terminate the ZEP would also lead to families being torn apart as most ZIF members didn’t qualify for alternative visas under the critical skills category.

“Many Zimbabwean nationals who hold the ministerial exemptions permits have married South African nationals or have children who hold South African identification and travel documents. The minister’s decision accordingly threatens to break up families and displace many people if implemented.”

Permit holders were also likely to lose their businesses and property, the court papers stated.

Home affairs spokesperson Siya Qoza said the department’s lawyers had filed a motion to oppose the ZIF court action.

Qoza said the department was facing four court cases in the Gauteng High Court in Pretoria regarding the ZEP.

www.samigration.com

Citizenship South Africa

South African Citizenship Visa

SA Migration 28-07-2022

Citizenship Options

  • South African Citizen by Descent
  • South African Citizen by Naturalisation:
  • Automatic loss of Citizenship
  • Resumption of South African citizenship
  • Deprivation of Citizenship
  • South African Citizen by Naturalisation:
  • Automatic loss of Citizenship
  • Resumption of South African citizenship
  • Acquisition of the citizenship or nationality of another country

South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:

Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.
A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.

Automatic loss of Citizenship.

This occurs when a South African citizen:

Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;
Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:

A South African citizen by naturalization can be deprived of his citizenship if;

The certificate of naturalisation was obtained fraudulently or false information was supplied.
He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.

Acquisition of the citizenship or nationality of another country

Any person who wants to apply for citizenship in another country must apply to the Minister of Home Affairs to retain his or her South African citizenship before acquiring the citizenship of the other country.

Resumption of South African citizenship:

Any former citizen by birth or descent who:

  1. Gave up his or her South African citizenship, or
  2. Automatically ceased to be a South African citizen;

can apply for the reinstatement of his/her South African citizenship. However this person must return permanently to South Africa.

South African Citizenship by Descent

The following persons are South African citizens by descent:

  • Persons born outside South Africa of whom one of his or her parents was a South African citizen at the time of his or her birth and whose births are registered.
  • Persons born outside South Africa, adopted by a South African citizen, and whose birth is registered.
  • Any person in Namibia on or after March 21, 1990 whose mother or father was a South African citizen at the time of the birth of the child.
  • Adopted child whose responsible parent was issued with a certificate of resumption of citizenship and has entered South Africa for permanent residence while he or she was a minor and whose birth was registered within a year after the certificate of resumption was issued.

South African Citizenship by Birth

The following persons are South African citizens by birth:

  • Persons born in South Africa before October 6, 1995.
  • Persons born in or out of wedlock on or after October 6, 1995 if one of his or her parents is either a South African citizen or a permanent resident. For those born before October 6, 1995 the mother of the child must have been a South African citizen at the time of the birth of the child.
  • Persons born in South Africa, adopted by parents of which one parent is a South African citizen and whose birth is registered.
  • Persons born in South Africa, not having the nationality of any other country and whose birth is registered.
  • Person born outside South Africa and whose parents were at the birth of the child in the service of the South African Government, representative, employee of a person, association of person resident, established in South Africa, was in the service of international organization to which the Government of South Africa is a member.

Registrations under this category are normally filed in South Africa and nearest offices of the Department of Home Affairs can be contacted in this regard.

REQUIREMENTS ON CITIZENSHIP APPLICATIONS

The South African Citizenship Act, 1995 (Act 88 of 1995) was amended by the South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) which came into operation on 1 January 2013. It brought in updated requirements in areas of different applications around Citizenship:

NATURALISATION APPLICATIONS

Applications for naturalisation may only be received by the office if the applicant has been on a Permanent Residence Permit for a period of ten (10) years from the date of obtaining Permanent Residence (PR) in the Republic of South Africa. No application may be received by the office if the applicant has less than the prescribed ten (10) year period.
All applicants who wish to apply and are eligible to apply for naturalisation must be informed that the process for application will only begin when verification of Permanent Residence Permit has been confirmed by Immigration Services (IMS) through a written and signed letter of proof or PR to be attached to the application. This will require offices where such applications are received to first send verification of PR requests to IMS before receiving an application for naturalisation. Within the same period submit a request to SAPS for a Police Criminal Record check and confirmation to be attached. (SAPS record must be six months valid).
Applicants must be informed that they must obtain Police Clearance and a letter of acceptance of dual citizenship from country of citizenship (or origin) to be attached to the application for naturalisation.
Applications for naturalisation must be forwarded to the Head Office Citizenship Section within five (5) working days from date of receiving a fully compliant application by the Front Office.
Applications must be put on Track and Trace 035 reflecting every stage of the process update without fail.
All applications for naturalisation must have a PR identity number with a copy of ID submitted, before they can be received by the Front Office as applications for naturalisation.
Proof of language proficiency must be attached with application for naturalisation as well as the completed language test form.
Requirements for an application for naturalisation continue as they have been prescribed by the Citizenship Act.
It is compulsory to attend Induction to become a citizen of the Republic of South Africa
It is compulsory for all to attend the Naturalisation Ceremony and stand before a Judge in order to be granted citizenship in South Africa. Failure to attend would result in withdrawal or non-issuance of Certificate.


PLEASE NOTE – Applicants for naturalisation must be informed to constantly check their status of application or progress with the office of application as approved applications that require signing of “Declaration of Allegiance” will only be valid for a period of six (6) months from date of approval as appearing on 035. Any expired period of signing the “Declaration of Allegiance” will be considered as non-compliance. The application process would immediately lapse and an applicant for naturalisation would be required to lodge a new application.


​DETERMINATION OF CITIZENSHIP STATUS

An application for Determination of Citizenship must be forwarded to Head Office before any application is submitted. This is to ensure that a correct application is submitted by the applicant.
All applications for identity documents, passports and other services must be accepted following confirmation of citizenship status of the applicant by the Head Office.
All applications for Determination of Citizenship Status must be fully completed in order to comply with the time for the determination of citizenship status.


REQUIREMENTS

DHA -175 (application form)
DHA -529 (applicant form)
Proof of continuous residence 1 year prior to application
RSA Police report valid for six (6) months from the date of issue
Police clearance from country or countries of present nationalities
Letter confirming acceptance of dual nationality
Proof of payment (R300.00) as per regulated by the National Treasury
All supporting documents must be attached to enable easy reference to an application. All offices, including embassies, must ensure that office stamps and sign off are adequately done on each application submitted.

​FOREIGN BIRTH REGISTRATION

All births registered by the Department are in terms of the Births and Deaths Registration Act. There is no exclusion or separate requirements for foreign birth registrations.
Supporting documents must be attached to an application as prescribed in the Births and Deaths Registration Act. Only complete applications with required supporting documents will be accepted and processed for Foreign Birth Registration.
Offices must ensure that parents/grandparents birth certificates are attached with every application submitted. Without these no application will be processed.

REQUIREMENTS:

Application form Notice of Birth (DHA 24)
DHA 529 (applicant, parents duly fully completed)
Full birth certificate of the applicant
Front office Verify birth certificate of the applicant’s age from 15years and above with the country of origin (embassy)
Marriage certificate if the parents are married or both parents must acknowledge paternity.
Proof of birth / citizenship of the South African parent
Police report from country of origin as well as one from RSA (15 years and above)
An interview report for both the applicant and the South African parent (15 years and above)
Proof of Paternity / DNA tests (15 years and above)

www.samigration.com

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