The complicated red-tape
within Department of Home Affairs (DHA) has negatively affected the country’s
investment opportunities, losing millions yearly because investors can’t
readily access the country.
In 2018 Ramaphosa launched
the SA investment summit that was meant to attract foreign investment to the
country in order to raise the economy and create business opportunities.
However in about 152
investment pledges made since the start of the annual conferences, only 45
projects had been completed, while 57 others were under construction and the
rest have failed to get off the ground, resulting in the loss of millions.
In March this year, the 4th
investment conference, held in Sandton, Johannesburg, raised over
R300 billion, Ramaphosa said in his closing address.
However, according to
presidential investment envoy Jeff Radebe, it has not all been all well in the
four years since its launch in 2018.
He reportedly said: “Not
all the pledges [from the previous investment conferences] have been honoured.
Economic challenges have conspired against these projects, but there have been
some exceptional ones that have taken off.”
But according to sources,
the biggest contribution to these failures is investors not being able to
access the country because of difficulties getting visas.
The overhaul of the
country’s immigration system has also not helped the situation.
The new system has caused a
massive backlog because submissions previously went through visa and permit
facilitation centres which would process applications and send the outcomes
directly to the foreign national.
The news system visa
applications will be processed through a centralised adjudication system which
prolongs the process.
A number of immigration
agents and immigration legal representatives told The Star they are frustrated
due to the visa backlog and are concerned that potential investors are taking
their funds to other countries.
Sources from the DHA have
also told the paper that under the department, e-Visa collapsed and they blamed
the DHA Minister Aaron Motsoaledi for failing to implement the e-visa process
and properly manage it.
DHA sources also accused Motsoaledi
of lying to Ramaphosa that e-Visa was implantation and it was working, while it
collapsed and only started working in August and not via the department but
through VFS Global.
The company is private and
is also known as Visa Facilitation Services for government and diplomatic
missions.
On February 10, 2022,
Ramaphosa told the nation that the e-visa system had been launched in 14
countries including China, India, Kenya and Nigeria.
He said government was
streaming and modernising the visa application process to make it easier to
travel to South Africa for tourism, business and work.
However a sources said this
was not working and it has brought misery to foreign clients.
“By the time Ramaphosa made
that announcement, e-Visa was not working. Ramaphosa and Motsoaledi lied to the
nation. The process was made so complicated that a person could apply from the
US but their applications had to come to the country, then it had to go through
five to seven people. That is why it collapsed. The only thing concerning
e-visa that worked was during the piloting,” said a source.
The source said the
applications had to be adjudicated by DHA officials manually since the system
lacked artificial intelligence.
“When e-Visa collapsed at
Home Affairs, without any tender process or advertising, the department used
services of VFS,” she said.
According to another
source, from 2014, VFS did normal visa applications until their contract
expired in 2019.
“The minister further
extended the contract with VFS, the contract is due to expire at the end of
December this year. It will be interesting to know if the minister will extend
the contract again without following open tender processes or if other
companies will get a chance.
“Motsoaledi failed to
implement the system and hired a private company due to inconvenience, and that
he does not take advise from anyone except DDG advocate Constance Mootse,” said
another source.
He said another concern is
that anyone can apply for e-Visa from any part of the world, even inside South
Africa.
“The lack of AI means that
even terrorists or illegal immigrants in the country can apply, is that
dangerous for the country? Another problem is that the e-Visa is not integrated
to South Africa’s Risk Engine (SAPS, Intelligence, Sars, State Security Agency),
this means that the adjudicator must check manually, isn’t this a safety and
security concern?” he asked.
Another source said he is
aware that in one of the Asian countries, since January this year there were
over 9 000 visa applications, and no visa has not been issued yet.
Immigration agent Pieter
van der Walt said Motsoaledi failed and is letting the country down.
“As long as we have the
incompetent minister in that department, government can host countless
investment summits, but business and tourism will not grow because of the
backlog of visa applications,” Van der Walt said.
Immigration lawyer Gary
Eisenberg said the DHA cannot cope or fulfil the constitutional obligation.
“DHA has a constitutional
mandate to provide services to the public efficiently. That is why I am saying
they are incapable of doing so because they have no interest in helping
foreigners. There is a total mismanagement at DHA,” Eisenburg said.
Another source said being a
DHA senior employee means that you can be made to break the law.
“Cabinet ministers
including Motsoaled have power to instruct us as senior staff at DHA to bend
rules even though foreign nationals don’t meet a standard to enter South
Africa. We have to toe the line,” said the source.
Motsoaledi’s spokesperson,
Siyabulela Qoza, was given almost 24 hours to respond but failed by
publication.
Ramaphosa’s spokesperson,
Vincent Magwenya, was contacted for comment, however no comment was received
from him.
ISSUED
BY DEPARRMENT OF HOME AFFAIRS – 31 October 2022
1. On 20 October 2022, the
Star newspaper owned by the Sekunjalo Group of Companies published a prominent article
entitled “More ANC graft and sex scandals” in both its print and electronic
platforms. The article contained unfounded and what was intended to be damaging
allegations of corruption against a hard-working member of the Counter
Corruption Branch within the Department of Home of Home Affairs (“DHA”), Mr
Eric Nendauni and alleged sexual misconduct by the Minister of Home Affairs
(“Minister”) and the Head of the Counter Corruption Branch, Adv Connie Moitse.
The allegations are said to emanate from what the journalists claim is “a
whistle-blower” but in fact it has been discovered that the lies came from a
disgruntled junior administrative clerk in the employ of the DHA.
Corruption
and womanising allegations against Mr Nendauni
2. The so-called whistle-blower
(who remains a single source), who the two journalists relied on to allege
(without any shred of evidence) that “Mr Nendauni had cases allocated to
him to investigate issuing of permits to foreign nationals without proper
procedures and documentation. He decided to take R20 000 from each
colleague and cases were closed without charging them”.
3. The so-called
whistle-blower further alleged that Mr Nendauni went on a drinking spree in the
company of two unidentified women and misused the state vehicle. The women
later robbed him as he did not pay the females money that was due to them.
He was later protected by the Head of the Anti-Corruption Unit.
4. First, the two
journalists in typical gutter journalism decided to publish the unverified allegations.
5. Second, the DHA would
like to respond to the allegations of corruption and misuse of the state
vehicle unfairly levelled against Mr Nendauni and would like to share with the
public the following facts:
5.1. Mr Nendauni does not
take any alcohol at all and hence can never go on a drinking
spree as alleged by the Star
newspaper. On Saturday, 9 September 2022, he went to the office from 11h00 to
16h00 as he was preparing documentation for the appearance in Court of
individuals he had arrested, together with the members of the South Africa
Police Service (“SAPS”) for issuing fraudulent passports and identity
documents.
5.2. At about 17h00, he
went to Soshanguve to a friend’s house-warming party using his own
Audi vehicle with registration number: CM 97 PB GP. Mr Nendauni does not drive
a state vehicle “Polo Sedan” with registration number: “KG 64 WG GP”. In
fact that vehicle does not even exist in the fleet of
vehicles under the control of the DHA. Whilst at the said party, an invited
guest came with two women (who were not invited to the party). When he left at
about 18h45, his friend gave him two Appletisers and he opened one. As he was
about to leave the two women (who were not invited to the party) requested a
lift from him to be drop off in Tshwane Central. He informed them it was not on
his way to his home. They then requested to be dropped at Akasia. On the way,
he had an opened Appletiser and one was still closed. He stopped to answer the
call of nature. When returned, he had another sip of the opened Appletiser. All
of a sudden, he felt numb on his legs and became unconscious.
5.3. When his wife realised
that he did not come back home (which he has not done before), she phoned his
colleagues who went to the office and could not find him and the state vehicle
was parked in the garage. They advised his wife to open a case of a missing
person under CAS 05/09//22. The police contacted tracker to trace the location
of his vehicle. Whilst awaiting the outcome from tracker, a woman called his
wife and told her he found her husband in his vehicle and he appeared dizzy and
incoherent. She rushed to the scene, together with the police. She realized
that his wallet and mobile phone were missing. Mr Nendauni was rushed to Akasia
Hospital and the tests revealed that his drink was spiked with a known drug.
When the police were informed about the results, they indicated that there is a
gang of women robbers, who attend parties normally uninvited and later spike
the drinks of their victims and rob them of their belongings.
5.4. Mr Nendauni was robbed
of an amount of R 2 300 and a further amount R 2000 was sent via e-wallet,
The investigation into the robbery, attempted murder and theft by members of
the SAPS is ongoing.
5.5. The allegation of Mr
Nendauni receiving bribes from his colleagues were thoroughly investigated and
no evidence was found to support this wild allegation.
6. It is common cause that
the DHA has taken effective steps to curb corrupt activities by its officials,
which resulted in some of them being arrested and/or dismissed. There are other
pending disciplinary cases. The Minister finds the malicious allegations
against Mr Nendauni to be in bad taste and unacceptable. Clearly, the
unsubstantiated allegations are meant to tarnish the reputation of corruption-busters
within the DHA. The Minister believes that the Star newspaper is pursuing a
nefarious agenda which is not geared towards promotion of freedom of the press
by defending rascals masquerading as “whistle- blowers”. It is also not in
the public interest as the journalists were prepared to throw out of the window
all the ethical and standards governing fair reporting. The public cannot be
fooled into believing nonsensical allegations. This begs the question as to
what is the role of the Star newspaper in the fight against corruption and
fraud in South Africa?
Allegations
of a romantic relationship between the Minister and Adv Moitse
7. The allegations
regarding the imaginary romantic relationship between the Minister and Adv
Moitse deserves no response by the Minister. They are meant to make the article
appear to be carrying sensational and juicy breaking news.
8. The Minister and the DHA
will not be deterred from fighting corruption, fraud and illegal migration
whenever they rear their ugly head based on spurious allegations. This is
nothing but a fight-back strategy by criminals operating within and outside the
DHA.
9. In future, the DHA will
not respond to specific questions from the Star newspaper. Instead the DHA will
issue a public statement in response to the questions, including the questions
sent to the DHA by the Star newspaper on 25 October 2022 effectively giving the
DHA 04 hours to respond to some historical issues.
Key targets relating to the
department’s modernisation projects have not been achieved.
The Department of Home Affairs has to address a number of
challenges and bolster its Information technology (IT) systems to improve
service delivery.
This is according to the
Auditor-General’s office.
On Tuesday, the office
briefed Parliament’s Portfolio Committee on Home Affairs regarding the
department’s audit outcomes for the 2021/2022 financial year, which ran from
April 2021 to March 2022.
Annual performance report
During the briefing,
Fhumulani Rabonda, deputy business executive at the Auditor-General’s office,
informed the committee that Home Affairs submitted its annual performance
report, but there were material misstatements that needed to be adjusted.
“We managed to correct the
material misstatements that we had identified during the [audit] process,” he
said.
Rabonda revealed that the
department has achieved 69% of its annual targets in the 2021/2022 financial
year.
However, key targets relating
to the department’s modernisation projects – which includes Abis and e-Visa
system – as well as the the establishment of the border management agency (BMA)
have not been met.
He explained that the
department had set targets that it intends to achieve by 2024 in the
medium-term strategic framework, which was reviewed in 2019.
“We had looked at the
current year’s performance report [and] what does it tell us in relation to
these targets they have set themselves. We [have] highlighted the fact that the
targets in relation to modernisation projects are behind schedule,” he said.
Rabonda pointed that while
the border management agency has been formed, it is not yet fully functional
due to the implementation protocols that have not been signed at this stage.
Modernisation projects
e-Visa and BMCS
Regarding the e-Visa system
and Biometric Movement Control System (BMCS), Rabonda said the
Auditor-General’s office has identified there were “significant control deficiencies”
and warned that these needed to be given attention.
“If they are not addressed,
the modernisation projects may have similar significant control deficiencies as
the legacy systems. This means that what Home Affairs will have new systems
with the same problems,” he continued.
Rabonda explained that
these deficiencies were caused by poor project management and governance
processes within Home Affairs’ IT internal department.
“Over the past few years,
we have been reporting that there is leadership instability in the ICT
environment in Home Affairs. So our recommendation is that action plans should
be developed and implemented to address the significant control deficiencies,”
he added.
Earlier this
year, Home Affairs revealed it
was working on the e-Visa system, which allows tourists visiting South Africa
to apply for their visas online and thereafter be issued virtually.
The paperless virtual visa
is intended to combat visa fraud and open South Africa as a desirable
destination.
The department had also
indicated at the time that it was in the process of developing the BMCS, which
will enable the capturing of fingerprint and facial biometric data of all
travellers who enter or exit South Africa.
This system is expected to
be rolled out at 34 ports of entry across the country – including major
airports and land borders.
Abis system
Budget increase
Meanwhile, Rabonda further
told the committee that phase one of the Automated Biometric Identification
System (Abis), which was launched in 2018,
is yet to be completed.
Home Affairs had targeted
to finish the first phase by December 2021, and the department has spent at
least R294 million on this phase.
Rabonda revealed that the
budget of the Abis project, which is aimed at ending identity theft, has
increased from R410 million to R475 million as a result of delays and
“technology becoming more expensive”.
“There is a need for the
department to monitor closely the remaining budget to avoid having the need to
having to ask more funds for this project because if that is not done then
government may find itself with a project that they need to fund more from the
limited budget that is available,” he told the committee.
He said the delays were
caused by IT firms, EOH and Idemia.
“You will remember that EOH
decided to pull out of a number of government projects including this one and
on doing so the department appointed Idemia as the service provider,” he
continued.
In May 2021, the committee
heard how EOH allegedly flouted tender
processes to score the Abis contract, valued at more than R400
million, from the department.
Payments made to EOH
regarding the Abis project amounted to R283 million.
The company was then
slapped with a penalty by the department and was subjected to a Hawks
investigated.
“The delays by service
providers saw the department invoking penalties of R62 million in terms of EOH
and R3 million regarding Idemia,” Rabonda added.
‘National adverse impact’
The Abis system was introduced to replace
the Home Affairs National Identification System (HANIS), which was said to be
manually operated and outdated.
According to the
department, Abis aims to act as a fundamental baseline for the national
identification system and will consolidate South African and foreign nationals’
data into a single base.
Rabonda noted that the
importance of the Abis system, saying it would have a “national adverse impact”
if it was not completed.
“The department will suffer
irreparable harm if it’s not successfully implemented because this project is
critical to resolving some of the risks faced by Home Affairs and the Security
Cluster as a whole. Hence we are saying there is a need to appreciate the
impact the department’s service delivery, the economy and security of the
state.
“Everybody who is involved
needs to jealously guard this project to make sure that all that needs to be
done is done within time and effectively so,” he explained.
Later in the briefing,
Rabonda said the Abis project was one of the major
causes of irregular expenditure for Home Affairs (R12.8 million) in
the 2021/2022 financial year.
Tourists from around the
world have had to wait in customs on average for at least three hours at
OR Tambo International Airport due to the piloting of a new biometric system,
according to the DA that says it has been alerted to these delays in tourists
being able to reach the public arrivals area.
The Biometric Movement
Control System (BMCS) appears to have been untested, and has effectively gone
“live”, instead of being piloted first.
“To take piloting of the
systems live concurrently goes against pilot study principles which should be a
mini-version of a full-scale study or a trial run done in preparation of the
complete study,” points out Manny de Freitas MP – DA Shadow Minister of
Tourism.
“The delays create a
negative impression to those entering South Africa. In addition, it creates
havoc for tour itineraries and programmes which are pre-planned, pre-booked and
carefully timed so that tourists maximise their time in our country.”
De Freitas claims some tour
groups have had to actually skip pre-booked and pre-paid activities because of
these delays at the Joburg airport.
The DA says this is just
another example of the ANC failing to understand the major impact on tourism
that inefficiency and unprofessionalism have. And that these tourists will go
back to their countries and relate their bad experiences which “further impacts
negatively on our tourism numbers”.
De Freitas has submitted
official questions to the Minister of Home Affairs about the BMCS and the
piloting thereof, and has discussed it with DA Home Affairs colleagues.
Similar delays were
experienced in 2016 at OR Tambo with the rollout of the biometric system then,
to collect data on people arriving and leaving South Africa.
The
tourism and aviation industries have both been hit hard by the impact of
the Covid-19 pandemic.
Even
before the pandemic hit, the implementation of a full e-visa system was used
as an example of how it can be made easier for travellers to visit the
country.
Although
it does not fall directly under her department, Minister of Tourism
Lindiwe Sisulu addressed the challenges at the annual general assembly of
the Airlines Association of Southern Africa.
The implementation of
e-visas to facilitate travel to the country is being tripped up by a huge
backlog in converting the paper-based system to a computerised one, according
to Minister of Tourism Lindiwe Sisulu.
“We continue to advocate
for solutions in the areas that support and enable aviation such as visa
facilitation. A lot of work has been done by the Department of Home Affairs as
a partner to the sector and most recently, the rollout of e-visas in various
countries, including seven African countries was implemented,” Sisulu said
at the 52nd annual general assembly of the Airlines Association of Southern
Africa (AASA) taking place near Kleinmond.
“Yes, we have a
problem with our visa system and a lot of work still has to be done regarding
the ability to implement [more] e-visas. There has been many discussions about
the inefficiency of our visa regime and we have taken a resolution to follow
intercontinental trends. However, we have difficulties.”
She acknowledged that a lot
of complaints have been received from SA’s neighbouring countries about the
time it takes to obtain visas.
“We have made a
commitment to get on the e-visa issue as soon as possible, but the backlog is
huge. Just converting what we have on paper to being computerised is taking a
lot of time. We are sorry that we are behind. It is a technology and backlog
issue,” Sisulu told News24 Business on the sidelines of the assembly.
She applauded Zambia for
its recent announcement on waiving visa requirements for tourists from various
overseas markets, many of which are key source markets for most
destinations within the southern African region.
“The easing of the
visa requirements is a stimulus for integrated marketing of the region. But we
must do more than just advocate,” said Sisulu.
Aaron Munetsi, CEO of AASA,
emphasised that it is important for government to consult with the airline
industry before making policy decisions.
“As we saw throughout
the pandemic, governments often make the right noises, but fail to
follow-through with suitable actions or the appropriate support,” he
said.
Examples he gave of how
data-based solutions can help airlines and airports increase their
competitiveness in terms of customer experience include touchless biometric
scanners, e-passports, e-visas and e-waybills.
“Governments promise
to slash red tape to become more business-friendly, yet these are some of the
low-hanging fruits that will lubricate the flow of legitimate people and goods
between and across markets. By providing these positive travel and trading
experiences, we will become more competitive and attractive in our own right,
but crucially, also as destinations and markets for investment, tourism and
commerce,” said Munetsi.
When finance minister,
Enoch Godongwana, delivers his Medium-Term Budget Policy Statement (MTBPS)
towards the end of the month, he will need to focus on policies that accelerate
real economic growth and address the financial future of Eskom, say wealth
management specialists at Citadel.
Maarten Ackerman, chief
economist at Citadel, says all eyes will be on Godongwana to see if he will
prioritise pragmatic policies that stimulate real business growth and job
creation, instead of bowing to populist pressures that prioritise social
spending but have no lasting positive impact on the country.
“South Africa is still
stuck in a balancing act between weak growth and populist needs that will
continue indefinitely, such as the Basic Income Grant,” said Ackerman. As a
country, it is vital that South Africa gets the economy going to address
poverty and inequality in a sustainable way.
“In terms of South Africa’s
macro-economic outlook, it’s essential to note that there was yet another
revenue windfall in addition to the revenue overruns in recent years. So, we’ll
need to see what the finance minister does with that. We’d like to see the
windfalls being used productively – not just on once-off, temporary social
spending that does little to nothing to drive economic growth,” the economist
said.
From an investment
perspective, Citadel’s chief investment officer, George Herman, urges
Godongwana to address the Eskom situation. “We would appreciate any guidance
the finance minister can give in terms of the intention to de-leverage the
Eskom balance sheet. I think and hope that is going to be a core focus of the
2022 MTBPS,” said Herman.
Eskom has requested that
the government relieve its debt balance sheet of approximately R200 billion,
while recently informing the Standing Committee on Public Accounts that it was
carrying a total debt burden of approximately R400 billion, which could not be
serviced due to its current cashflows and liquidity problems.
It was also facing
outstanding municipal debt to the tune of around R40 billion.
It was recently reported
that Eskom expects to receive tranches of R20 billion of taxpayers’ money over
the next few years to deal with its debt-servicing commitments, much to the
dismay of taxpayers who are already paying for a service they are not fully
receiving as a result of the rolling blackouts, which have recently escalated.
In 2021, Citadel also
expressed the hope that the minister would be prudent and use the opportunity
presented by additional revenue to get the country out of its “very tight
fiscal position”. At the time, Ackerman said: “If we don’t get the economy
going very soon, we might have some further fiscal challenges in the next two
to three years.” Today, fiscal reform is still a great priority.
Colin Coleman, the former
MD of Goldman Sachs in Sub-Saharan Africa, told BusinessLive
that the budget is about more than making the numbers look good for the ratings
agencies. “It’s about how we’re breaking out of our structural constraints and
problems.”
“Yes, the benefit of fiscal
consolidation is to reduce the cost of capital to increase investment, but
that’s an insufficient condition for investment,” he said.
Coleman stressed that the
budget also needs to address the “festering sore” that includes unemployment,
lawlessness, corruption, public mismanagement, and the country’s structural low-growth
issue.
Deep structural woes at
Eskom
Intellidex chair, Stuart
Theobald said that South Africans know that the country is deeply rooted in an
energy crisis, but may not understand the staggering challenge that lies ahead
of it.
The analyst noted this past week that, based on outdated
estimates in the country’s 2019 Integrated Resource Plan, it will need to
procure and develop approximately 78,000 MW of energy capacity by 2030.
By 2035, however, 12 of
Eskom’s 15 coal plants will have retired, wiping 33,000MW from the grid. If an
optimistic plan by the government to get newer stations like Medupi and Kusile
fully operational and the lifetime of Koeberg is extended, this means that
South Africa needs to get at least 50,000MW of new energy on-grid over the next
12 years, Theobald said.
This is a ‘stupifying’
amount of energy required, he said, and South Africa faces an incredible
challenge on two key fronts: cost and politics.
On the former, the
Intellidex chair said that even leaning into cheaper energy technologies like
renewables will carry immense costs.
“Solar photovoltaic and
onshore wind is now much cheaper than fossil fuel production, but you need
storage to even out supply capacity. Based on current global capital costs for
different types of technologies, we need to invest R1.8 trillion to R3 trillion
to build that capacity, depending on technology spread,” he said.
“And that doesn’t even
consider the investment required to expand the grid to handle the volumes.”
The analyst noted that this
cost is staggering – accounting for up to half of South Africa’s entire GDP,
and even spread over 10 years, is equivalent to the total spend of a Medupi
every year.
On top of the cost, South
Africa’s energy sector also has to deal with the other massive hurdle: the
government.
Theobald noted that the
country is awaiting the results of a 9,600GW energy bid window, but
historically, politics and generally poor management of procurement have
delivered very little.
Urgent procurement of
2,000MW of energy ended up delivering only 150MW, and the most recent bid
window saw only three projects – out of 25 – deliver, totalling 420MW. The
analyst said that the country has managed to deliver only 1,400MW of new energy
over the last few years.
Meeting the challenge
While the challenge appears
insurmountable, Eskom itself is quite optimistic that it is able to meet it.
Presenting at the Africa
Renewable Energy Investment Summit in September, Eskom chief executive officer
Andre de Ruyter outlined the group’s strategy to tackle the new generation
problem, emphasising a strong focus on renewables as the way forward.
Compared to coal, renewable
projects like wind and solar farms cost less to build, can come online in less
than two years, and can ensure that the country can protect its power exports
amid rising carbon tariffs, he said.
In contrast, new coal
builds would come at double or even quadruple the cost, take up to 12 years to
complete – which would result in even more load shedding – and would put 46% of
South Africa’s exports at risk as the country would fail to decarbonise.
By the end of 2024, de
Ruyter said that most of the 33,000MW shortfall caused by the decommissioning
of power stations will be covered by new projects, including:
3,500MW
from the Seriti renewables projects
1,440MW
from Kusile entering full operation
2,000MW
from independent power producers (IPPs) on leased land
3,500MW
from new pumped storage
1,500MW
from municipal procurement
2,600MW
from REIPPP 5 projects
5,200MW
from REIPPP 6 projects
7,000+MW
from other projects
This energy shift is not
cheap, however, with the CEO pointing out that R1.2 trillion will be needed to
realise the transition.
Adding firm capacity of
7,000MW, variable capacity from renewables totalling 50,000MW and storage
capacity of 10,000MW will cost approximately R990 billion to realise by 2035,
he said.
Expanding and strengthening
the power utility’s transmission network over 8,000km of new lines and
installing 101 new substations will cost another R130 billion. Boosting the distribution
capacity will add another R56 billion to the mix.
Meeting demand for economic
growth
Eskom can’t meet demand and
has imposed a record number of days of blackouts so far in 2022, according to
Bloomberg calculations.
Load-shedding is projected
to shave 1 percentage point off economic growth this year. The South African
Reserve Bank lowered its gross domestic product growth forecast to 1.9% from 2%
in September.
Reforms aimed at
alleviating South Africa’s energy crisis could raise real private investment in
the energy sector by as much as 15% per year from 2023 to 2025 and raise
economic growth by about 0.9 percentage points over the first year, the central
bank said.
“Investment in energy has
the potential to crowd in other productive investment, creating a virtuous
cycle,” the bank said in its six-monthly Monetary Policy Review, as reported by
Bloomberg.
The South African Revenue
Service (SARS) says it will introduce an ‘online traveller declaration system’
that all travellers need to comply with.
The new system will simplify passenger
movement at South African airports, SARS said, and will come into effect from 1
November 2022.
The system aims to collect
travel information and, in return, grants a traveller pass via email, said
SARS.
It requires that all
travellers – including South African citizens and residents, children and
infants – leaving or entering South Africa by air complete the declaration.
SARS said that once completed and submitted, travellers will receive a pass
before they board.
The new online system will
be rolled out in all South African international airports, starting with OR
Tambo International Airport from 1 November, and then to others in the first
quarter of 2023, the revenue service said.
“Upon arrival in South
Africa, there will be instructions at the airports that will guide and inform
travellers what to do next,” it said.
Currently, in terms of the
declaration of goods at the airport, all people who arrive in the country are
required to complete a Traveller Card
(TC-01) if they have something to declare – the card is then used alongside
your passport in the customs process.
Some goods that are
required to be declared include things such as:
Products
purchased or acquired abroad
Goods
remodelled or repaired abroad
Anything
prohibited or restricted, or controlled under any law
When departing from South Africa, residents are
further required by SARS to register valuables before their trip – this can be
done at the customs office in international departures before handing luggage
in.
However, tourists to South
Africa can reclaim Value-Added Tax (VAT) on the goods bought during their visit
to the country, added SARS.
SARS has been beefing up
its tax policy and working with other institutions to ensure stricter
compliance with tax law. The latest Financial Intelligence Centre (FIC) annual report showed that over R41.6 million
in penalties was imposed by SARS on certain people and businesses over 2021 –
many of which were instances of non-compliance.
SARS has a history of
keeping tabs on taxpayers. In mid-September, Tax Consulting SA noted that the
taxman can track a person’s
flights as part of stricter emigration processes.
Nikolas Skafidas, a tax
expert from the group said that expatriate taxpayers awaiting approval for
their non-resident status might have their flights tracked into and out of
South Africa by the tax authority.
He said that flight details
could possibly be used by SARS when questioning the validity of an applicant’s
claim that they intend to reside outside of South Africa permanently.
For
South African political parties grappling with the idea of coalition politics
ahead of 2024, the issue of migrant workers may be the most crucial of all
deliberations, says Khaya Sithole.
Just over 30 years ago this
month during an interview on Larry King Live, Ross Perot decided to put
up his hand and run for the US presidency.
Perot’s profile as a
billionaire who was not part of the Washington establishment but simply wanted
to change the way the establishment worked, had significant consequences for
the 1992 elections and, as it turned out, for the 2016 US election campaign.
At the heart of Perot’s
message, was the idea that the other contenders – George HW Bush and Bill
Clinton, were too entrenched in the establishment to actually fix it.
As it turned out, that
election campaign coincided with the ongoing deliberations around the trade
agreement between the US, Mexico and Canada. The most contentious points
related to the impact of the proposed agreement on US jobs.
As the US labour market had
evolved over time and offered various protections and guaranteed to workers,
the labour force of Mexico had little in the way of such protections. The
question of whether freeing up the trade border would create an incentive for
US businesses to shift their operations across the Mexico, was the most
polarising element of the debate.
One the one hand, the view
was that globalism and globalisation rather than protectionism, are always good
things that the US needed to champion. The predicted positive effects of the
proposed agreement – the North American Free Trade Agreement (NAFTA) – included
a turbocharging of trade activity across the three nations.
The unknown variable was
whether the integration of trade partners with such vastly different profiles –
the US and Canada on one side and Mexico on the other side, would not lead to a
one-way exodus of jobs in the direction of Mexico in pursuit of lower
production costs.
The presidential contenders
also took a bite at trying to crystallise the impact of NAFTA. Clinton – who
would eventually emerge as the winner of the election in November 1992 –
predicted that NAFTA would result in an export boom for Mexico and that could
generate up to 200 000 additional jobs by 1995 and a million jobs within
the first five years of the agreement.
Bush – dealing with the
aftermath of the Gulf War and the declining economic prospects of the US
economy facing increasing unemployment, was far less decisive on the NAFTA
question. Perot used the first presidential debate to predict that NAFTA would
result in a giant sucking sound of jobs moving southward to Mexico.
The predictions of each of
the candidates were not altogether accurate. As the trade borders opened up,
one of the fundamental risks – that Mexican wages would remain low rather than
rise up to US standards – became a persistent reality.
That on its own stifled the
ability of the Mexican economy to grow. The automobile sector in particular,
which has always been the bedrock of the North American economies, provided the
most granular insights into the effect of NAFTA.
At the end of 2016, the
Centre for Automotive Research estimated that 55% of light vehicles produced in
Mexico were for the US market. This implied that automotive manufacturers had
indeed used NAFTA as the basis for shifting some production capacity across to
Mexico.
The Economic Policy
Institute predicted that over 700 000 US workers were displaced by the
implementation of the NAFTA agreement – with Mexican workers the primary
beneficiaries of this displacement.
Regrettably, Mexican wages
remained low and hence the predicted rise in wages for Mexican workers did not
materialise.
Such variables were
important many years after Perot’s presidential run, when Donald Trump promised
to withdraw from NAFTA if he were to be elected.
Trump’s narrative centred
on the fact that those US workers who had lost jobs in the automotive sector
could simply identify NAFTA as the original source of their plight and
resultant plague of unemployment.
For communities dependent
on the automotive sector, such sentiments resonated strongly and materially
influenced the election of Trump. The crux of Trump’s presidency was using
xenophobic overtones regarding Mexicans in order to push for a revision of
NAFTA.
That process consumed the
bulk of his presidency and was eventually finalised at the beginning of 2020,
which turned out to be the valedictory year of his presidency.
The tensions between trade,
politics and labour migration have become a topical issue in South Africa in
recent months.
As luck would have it, it
was the involvement of a multimillionaire businessman in national politics that
reignited the debate. Herman Mashaba – who previously served as mayor of
Johannesburg under a DA ticket, launched a new political party, Action SA,
ahead of the local government elections.
A key message of the
campaign, and something Mashaba had championed during his time at City Hall,
was the need to deal with illegal immigration in South Africa. The profile of
immigrants in South Africa remains a poorly understood picture for various
reasons.
Firstly, the porous nature
of our borders, where the question of financial resources is the decisive
factor between accessing South Africa or not, makes it remarkably difficult to
get an accurate assessment of the profile of immigrant citizens.
When former finance
minister Tito Mboweni tweeted in April 2020 that “almost 100% of
restaurant workers were foreigners”, it ignited heated debates across the
Twitter sphere. Obviously, his calculation was completely wrong, but crucially,
when Africa Check sough to get a more accurate picture of the
prevalence of foreign workers in that sector, it concluded that
while the number of foreign-born workers in the restaurant sector had been as
high as 11.3% in 2011, that number had declined to just 6.5% by 2017.
Secondly, the immediate
problem with the assessment of foreign workers in the restaurant industry is
that it relies on the type of disclosures that are not universally practised –
especially in relation to undocumented workers and migrants.
While Africa Check cites Statistics
South Africa as the primary source of the data, it is unavoidable to note that
workers who are not documented are unlikely to voluntarily participate in any
data-gathering exercise for fear of reprisals.
Similarly for employers who
have undocumented immigrants on staff, such disclosures are likely to be seen
as self-defeating. As a result, we known that the number exists somewhere in
the spectrum of Mboweni’s hyperbole and Africa Check’s conclusions.
The bigger problem in South
Africa is the fact that just like in the US automotive sector, some sectors do
indeed experience a higher prevalence of foreign workers – both documented and
undocumented – that participate in the economic value chain. This is where
anecdotal observations and empirical facts intersect – often with conflicting
interpretations.
For a young person unable
to access an economic opportunity, observing non-South Africans occupying those
jobs can elicit curiosity that often mutates to resentment. This is worsened
where the country’s policy around migration and foreign workers is poorly
understood.
Industries characterised by
lax compliance with labour laws, provide a fertile ground for both workers and
employers who wish to evade the net of scrutiny, to continuously practice policies
that are not aligned to the laws of the land.
Within the economic value
chain, sectors like the hospitality sector, where the definition of a job may
be an ad-hoc assignment that requires little in the way of formal
documentation, are likely to experience such realities more acutely than highly
regulated sectors.
This creates a possibility
that the anecdotal experiences of citizens on the ground – whether they feel
more foreigners are competing with them for jobs or any other contention – are
unlikely to be validated by empirical data as evidenced in the case study of
the restaurant sector.
The use of tested data –
which simply suggests that the issue is exaggerated – does little to quell the
tensions of those living with the daily squeeze of displacement.
The unavoidable effect is
the increased tensions across society. At the end of 2021, Home Affairs
Minister Aaron Motsoaledi announced that the Zimbabwean exemption permits would
be coming to an end.
Naturally, such an
announcement generated hysteria and panic among those affected. To some, the
minister seemed to be getting on the anti-immigration bandwagon that Mashaba
was accused of championing.
Surprisingly, that seemed
to miss the crucial tenets of Mashaba’s stance and that of the EFF under Julius
Malema. In Mashaba’s utterances, the distinction between legal and illegal
immigration is the pivot point.
The anecdotal evidence –
which resonates with many property owners whose buildings may have been
hijacked by individuals both foreign and local; and inner-city citizens who
feel that there is a significant presence of foreigners in their midst – is
that there is an immigration problem.
On the other end of the
spectrum, the EFF’s position on open borders is derided as an invitation to
further displacement for South African workers. Both interpretations seem to be
straying from the central essence of what the two parties – admittedly led by
leaders whose articulation capacity on the issue are clearly problematic – are
trying to actually say.
For Action SA, the idea of
regularising immigrants is something that even Motsoaledi has championed since
his days as health minister. In his previous role, Motsoaledi lamented the
inability to allocate resources adequately across the health ecosystem, when
one is unable to predict utilisation of such facilities.
Given the constitutional
requirements around access to healthcare and the Hippocratic oath itself, a
health system is likely to suffer the most acute effects of the impact of
undocumented immigrants who cannot be denied access to healthcare facilities.
Similarly, when buildings are hijacked, both by local and foreign hijackers,
steps to correct that are indeed sensible.
The instinctive reaction to
brand the Action SA approach as xenophobic serves little to advance the debate.
Rather, it is seen as a tool for shutting down the conversation entirely.
The problem with tha, is
that there are far too many citizens whose experiences of the system resonate
with the issues Action SA seeks to raise. Its electoral performance in the 2021
local government elections indicates what some sections of the electorate are
persuaded by the party’s stance on illegal immigration.
The EFF, on the other hand,
suffers from the effects of the disconnect between its stance and the actual
reality of labour migration patterns and the country’s policy on migration. The
idea of opening up borders among trade partners is not actually an invention of
Malema himself. Rather, it is a reflection of practices across the different
trade blocs in the world. The European Union’s open border policy is an example
of this.
The fundamental flaw in the
EFF’s pronouncements is that in the absence of a clear trade policy across
neighbouring states that defines the purpose and regulations, calling for open
borders is premature.
The African Continental
Free Trade Agreement is an example of an economic policy that seeks to
gradually reduce trade barriers across the continent at large. The idea that
the movement of citizens in the long run will follow the same pattern, is not
altogether far-fetched.
But for as long as South
Africa has an employment crisis, any idea that increases possibilities of
displacement for local citizens is simply untenable politically.
A common response to the
current crisis is that the deportation of one does not create a job for
another. That of course shifts the debate on to the known reality that there
aren’t enough jobs to begin with.
However, the displacement
question – where those out of the jobs net feel their chances would be improved
if there were fewer foreigners, particularly undocumented ones, to compete with
– needs to be addressed rather than dismissed.
Since Motsoaledi’s
announcement on Zimbabwe exemption permits (ZEPs), accusations of xenophobia
and Afrophobia have escalated. The point that seems to have been missed is that
the very origination of the permits was not a result of a committed policy to
enable easier labour migration across the two countries.
Rather, it became yet
another cop-out by the government of the day that found it easier to regularise
the many Zimbabwean citizens who had been displaced by the political turmoil of
the late 2000s; rather than condemn the Mugabe regime for having created the
crisis.
The sobering reality is
that no clear policy balancing the social, economic and political
considerations of the ZEP regime was cogently crafted. As a result, the various
administrations have perpetually renewed the permits with the hope that the
tension points would organically disappear.
Unfortunately for South
Africa, that model is no longer tenable and difficult conversations around how
to manage to effects of the rising tensions between disaffected citizens
fearing continuous displacement, and the immigrants seeking a better future for
themselves, are now overdue.
The political implications
of getting this conversation right are not without precedent. At the end of the
1992 US presidential elections, Perot emerged with the best third-man
performance in US elections since Roosevelt 80 years earlier.
His 19% poll resulted in
neither of the main candidates receiving a majority of the ballot. For South
African political parties grappling with the idea of coalition politics ahead
of 2024, this is just one of the key conversations they need to address.
Given its polarising
nature, it may be the most crucial of all deliberations ahead of 2024,
particularly if the current administration does little to address the jobs
crisis.
Government’s approach to
prioritising the employment of South Africans has come under fire.
Centre for Development and Enterprise
executive director Ann Bernstein, says government is tackling the topic of
critical skills and employment in the wrong way. Bernstein says South Africa is
a country that is desperate for growth, with a shortage of skilled people,
entrepreneurs, university lecturers and maths teachers.
“We are not a country where
we just have a shortage for one or two things.” Bernstein said:
To spend an inordinate
amount of time just to determine whether we need sheep shearers or business
process managers is ridiculous.
“It’s not like skilled
people are desperate to get into the country. We should be actively going out
in the world looking for people with skills.”
The critical question is
which skilled people does South Africa not want?
On Friday, Home Affairs
Minister Aaron Motsoaledi gazetted the updated critical skills list in terms of
Section 19(4) of the Immigration Act.
It outlines the skills most
needed in the country and stipulates that: “Subject to any prescribed
requirements, a critical skills work visa may be issued by the director-general
to an individual possessing such skills or qualifications determined to be
critical.”
The Immigration Act
provides for the department of home affairs to regulate the “admission of
foreigners to, their residence in, and their departure from the republic and
for matters connected therewith must ensure that the South African economy has
access at all times to the full measure of needed contributions by foreigners
and that the contribution of foreigners in the South African labour market does
not adversely impact on existing labour standards and the rights and
expectations of South African workers”.
The update comes after
Employment and Labour Minister Thulas Nxesi raised concerns last month about
the hiring of foreign nationals who were in the country illegally and “illicit
recruitment practices”.
Nxesi announced that they
had developed a new national labour migration policy and proposed amendments to
the existing Employment Services Act.
The labour department said
the changes were made to help address the country’s population expectations
regarding access to work for South Africans, “given the worsening unemployment
and perception or views that foreign nationals, especially those who are
undocumented, are distorting labour market access.”
The changes include an
updated critical skills list and plans to introduce quotas on the number of
foreign nationals who can be employed in certain sectors.
According to Stats SA, the
country is currently experiencing the highest unemployment rates since the
2008. Youngsters aged 15 to 24 and 25 to 34 recorded the highest unemployment
numbers of 66.5% and 43.8%, respectively.
But Bernstein said the
changes might do more harm than good.
What South Africa needs to
do with the millions of unemployed people, the vast majority of whom are young
people, is to create a fast-growing and labour-intensive economy.
“We have to change the
economy and make the hard decisions so that we become attractive to investors,
and some parts of our labour laws so that employers actually want to hire
people, not constrained by all sorts of red tape.”
Bernstein says the country
needs to enable small business to get going without a whole lot of regulation
and unemployed young people to get into the work force as fast as possible at a
lower level than other people.
National Youth Development
Agency CEO Waseem Carrim says the role of the critical skills list is to ensure
that the country brings in the skills its needs to grow but balance that with
employing the skills that exist.
“We have participated in
and support the process of the critical skills list – a key component of
economic growth is leveraging of the skills to take advantage of global
opportunities.” Carrim said:
South Africa produces
leading graduates and these graduates should be prioritised for employment
opportunities.
We are adding to our services a second citizenship in the
Caribbean countries: Grenada, also Antigua and Barbuda, Saint Lucia, Saint Kitts
and Nevis, Dominica, and also in addition Turkey and residency of the UAE.
Some of the investment for the Caribbean countries are low
but the benefits are enormous and when we work out the investment required it
is low relative to say $150,000 is the equivalent of R2,4 million
Emigration options for South Africans , Nigerian and
Congolese looking for residency and citizenship – Passport Options
If you’re one of the growing number of South Africans,
Nigerian and Congolese looking for a second residency or citizenship,
there’s a country out there with your name on it. But make sure you do your
homework, as residency and citizenship options are constantly evolving and
changing.
One recent change saw Portugal, which offers a residency
programme popular with South Africans, limit the purchase of qualifying
residential property to its low density designated interior regions and
increase the minimum investment applicable to its many other qualifying
investment options.
However, there are still a broad range of residency and
citizenship programmes available for South Africans , Nigerian
and Congolese either looking for a ‘Plan B’, or simply wanting to
benefit from greater investment and business opportunities, tax efficiency,
improved lifestyles, education options and greater freedom of movement, said
Ceri Pratley, a residency and citizenship consultant at Sovereign Trust SA.
“Correctly planned and implemented, residency and
citizenship programmes provide a solid foundation that enable individuals and
families to build comprehensive, flexible and tax efficient wealth management
strategies,” said Pratley.
“But it’s important to realise that there’s no
one-size-fits-all approach. Everyone has different requirements and objectives,
which means that alternative residency should be approached holistically.”
Navigating the range of options can be a daunting task, as
there are various types of residency and citizenship programmes available, with
different qualifying requirements applicable in each country.
Residency Programmes:
•
Financially Independent or Passive Income Programmes offer residence permits to
applicants who can demonstrate a passive income or personal wealth above a
specified amount. These generally require you to make the chosen country your
primary place of residence and place of tax residence.
•
Active, Start-up and Business Investment Programmes offer residence permits to
applicants who establish a business or invest in a business, creating local
employment opportunities and economic activity in the chosen country. Here the
options are broader, and the amount needed as an initial investment can be low.
•
Business Incubation Programmes provide residence permits to applicants who
invest and work with specialist business incubation partners and local
government-backed research and development (R&D) facilitators to establish
a local business and economic activity. In some cases, these programmes have
low minimum stay requirements.
•
Residency by Investment (RBI) Programmes are often referred to as ‘Golden
Visas’, and provide individuals and their dependents with a residence permit
and a variety of associated benefits in exchange for a wide range of investment
and donation options. Programmes such as this have low minimum stay
requirements.
•
Tax Residency programmes offer preferential rates for non-domiciled individuals
who establish tax residency. The advantages of this can be numerous, but you
will have to move your tax residency from South Africa, which comes with its
own set of challenges.
Citizenship Programmes:
•
Direct Citizenship programmes offer citizenship within three to six months in
exchange for an investment or government donation, generally with no physical
presence requirements. They also provide residency rights within a range of
other countries with which the issuing country holds freedom of movement
treaties.
•
Indirect Citizenship programmes offer citizenship in exchange for government
donations following a one or three-year period of legal residency.
•
Citizenship through naturalisation is a process by which you may qualify for
citizenship of a country after holding legal residency for a certain period.
The rules of naturalisation vary from country to country.
Typically, they include a promise to obey and uphold that
country’s laws and may include additional requirements such as demonstrating an
adequate knowledge of a country’s language and culture. Most countries around
the world offer this route to citizenship, but many have strict requirements to
get residency in the first place.
“There are many points to consider before making a decision
on where to emigrate �`
and it’s always advisable to seek professional assistance and start planning 12
to 18 months before heading abroad,” said Pratley.
Who offers which programmes:
•
Financially Independent or Passive Income Programmes Europe: Greece, Portugal
and Spain; MENA: Mauritius and the United Arab Emirates (UAE); Asia: Thailand.
•
Active, Start-up and Business Investment Programmes Europe: Cyprus, Guernsey,
Portugal, Spain and the United Kingdom (UK); MENA: Mauritius and the UAE; Asia:
Singapore and Thailand; Caribbean: Antigua & Barbuda, the Bahamas and the
Cayman Islands; North America: Canada and the United States (US).
•
Residency by Investment (RBI) Programmes Europe: Cyprus, Guernsey, Portugal,
Spain and Malta; MENA: Mauritius and the UAE; Asia: Thailand; Caribbean:
Bahamas and the Cayman Islands.
•
Business Incubation Programmes Europe: Portugal and France; North America:
Canada and the US.
•
Tax Residency programmes Europe: Cyprus, Gibraltar, Greece, Malta, Portugal and
the UK; MENA: Mauritius; Asia: Thailand; Caribbean: Antigua & Barbuda, the
Bahamas and the Cayman Islands.
•
Direct Citizenship programmes Caribbean: Antigua & Barbuda, Dominica,
Grenada, St Kitts & Nevis and St Lucia.
•
Indirect Citizenship programmes Europe: Malta.
CARIBBEAN
Grenada Antigua and
Barbuda Dominica St. Lucia St. Kitts and
Nevis
Program type Citizenship
Citizenship Citizenship Citizenship Citizenship
All holders of the ZEP permit had until 31 December
2021 to apply for a visa to stay in South Africa.
AFP
About 200 000 Zimbabweans in South Africa are
expected to return to their homeland.
Anyone 16 or older can bring back a car worth
up to R700 000 without paying import duty fees.
Returning Zimbabweans can bring an unlimited
quantity of household furniture and appliances.
It’s four months until Zimbabweans in South Africa under the Zimbabwe
Exemption Permits (ZEP) dispensation will be deemed illegal immigrants, after
the South African government decided to discontinue these permits.
About 200 000 Zimbabweans living and working in South Africa are set to
leave the country and return to their homeland.
While many are hoping for a reprieve, Zimbabwe’s foreign affairs
and international relations minister Frederick Shava said this week that those
returning “are always welcome back home”.
Shava was in Pretoria to meet with his South African counterpart Naledi
Pandor.
Those returning can bring a motor vehicle of their choice into the
country without having to pay duty fees, but they will have to pay VAT of
14.5%.
Normally, duty for a private vehicle in Zimbabwe is 100% of its value,
including freight charges, so only paying 14.5% is a significant reprieve.
The car should not be older than 10 years. Anyone bringing a car from
South Africa needs to have owned it for at least six months before the expiry
of their permit.
Anyone over the age of 16 can bring in a vehicle, according to a notice
by the Zimbabwe Revenue Authority. The notice read:
The suspension is granted to individuals, including
their spouses and children, who have previously resided or have been employed
in Zimbabwe and are returning to Zimbabwe after having resided outside Zimbabwe
for a period of not less than two years.
The car should be worth R700 000 or less. The owner will also need to
“report to the nearest customs office once every year, failure of which
full duty waived at the time of importation shall become due and payable”.
There’s no limit to personal property such as furniture and
household goods that people can bring back home. These goods, unlike vehicles,
aren’t subject to import duty.
Those intending to use the duty-free import facility should present
proof that they were working or studying in South Africa.
If the goods are sold within the first two years, then duty becomes due.
The Zimbabwean government has no policy in place or grants for
returning nationals to start a new venture or business when they arrive home,
and most returning residents will have to depend on their savings.
The government plans to hire buses to take those who cannot afford to
pay for their transport to various parts of Zimbabwe.
Shava said:
This has been on the cards for some time since the
South African government pronounced the end of ZEP permits.
Mauritius is rapidly expanding real estate investment opportunities for
South African buyers as savvy developers sink capital into smaller designer
builds that offer far more privacy than traditional resort properties without
sacrificing beachfront living.
And according to High Street Auctions managing director James Dall, the
South African market appetite for these properties is in overdrive.
“Resorts are fantastic options for families who want to buy holiday
homes in the thick of the hustle and bustle, where amenities and clubs abound
to keep children entertained.
“The South African buyer demographic in Mauritius is changing, though,
in large part due to the island’s economic growth, stability and exceptionally
welcoming foreign residence policies – not to mention the obvious lifestyle
attractions that make it a perennial tourism hotspot.
“The expanding demographic includes retirees, entrepreneurs, and commercial
emigrants; a massive market segment for which long-term resort living just
won’t work.”
Their ideal alternative, according to Dall, lies in developments like
Flic-en-Flac’s Eight Palms; a designer building comprising just seven
apartments that will be located directly opposite one of Mauritius’ most
beautiful beaches.
“High Street will be auctioning all seven sectional title units on
August 11, with construction expected to finish within 14 months of the sale.
Families relocating for business purposes are just a 30-minute commute
from the bustling commercial centres of Vacoas/Phoenix and Curepipe, said Dall.
“Educational facilities are top-notch as well. Westcoast International
Primary and Secondary schools are a mere 6km from Flic-en-Flac and offer
English-medium tuition with UK-based syllabi – the International Primary
Curriculum, the Cambridge Lower Secondary curriculum and the IGCSE, which are
external exams set and marked by Cambridge in England.”
Dall said South Africans are flocking to Mauritius in such numbers
because investor-friendly government policies make it easy to obtain long-term
residence permits
“An excellent example is self-employed entrepreneurs, who are excluded
from visa eligibility in more countries than not. Mauritius, on the other hand,
welcomes them with open arms.
“Entrepreneurs can apply for a Self-Employed Occupation Permit by
depositing $35,000 (about R595,000) into a Mauritian bank account. Their permit
is valid for 10 years, with the main renewal criteria being the ability to
prove an annual business income of MUR 800,000 (about R300,000) from the 3rd
year of registration.
“The process is even easier for South African retirees looking to spend
their golden years in paradise. Whereas previously this residence permit covered
only three years, it is now a standard 10 years with the base requirement that
the individual earns a recurring income of $1,500 (R25,500 at current rates)
per month.
“The extension from three to 10 years gives retirees certainty about
their future in the country, especially if they’ve bought property. And as an
additional incentive to retirees to choose the idyllic island as their
permanent home, after three years of residency on their initial visa, they can
apply for it to be extended from 10 years to 20.”
Dall said an additional incentive for South Africans to purchase
property in Mauritius is that visitors are allowed to stay in the country for
six months a year.
He said that Mauritius has also managed to craft a strong
growth-oriented developmental path that enabled the country to achieve one of
the highest per capita income levels in Africa, and propelled it into the
league of high-income countries with a Gross National Income per capita of
$12,740 (R216,500) in 2019.
As part of measures to protect the security of South Africa’s passport,
Motsoaledi announced the end of transferable and third-party collections and a
new activation process that only applicants can complete.
In a bid to clamp down on illegal immigration and restore faith in the
South African passport, Home Affairs Minister Dr Aaron Motsoaledi said the
“flexibility” given to these applications and collections is being withdrawn.
Motsoaledi made this announcement as part of efforts to restore the
integrity of the South African passport after a public outcry.
Issues of fraud and corruption
linked to South African passports, has negatively impacted South Africa’s
image.
Motsoaledi highlighted cases involving illegal immigrants and department
officials.
“South Africa’s passport has been in the news for all the wrong reasons.
It is for this reason that the Department of Home Affairs has to do something –
because this state of affairs cannot be allowed to continue unabated,”
Motsoaledi said.
As part of measures to protect the security of South Africa’s passport,
Motsoaledi announced the end of transferable and third-party collections and a
new activation process that only applicants can complete.
Current processes for passport applications permit the document to be
picked up at any home affairs office in the country, granted the applicant
requests a transfer and also allows for third-party collection, however, this
has been scrapped.
Passports will only be collected from offices where they were applied
for and the applicant is responsible for collecting the passport.
Passports will be activated by a fingerprint, linked to a photo. On
collection, everything has to correlate to the data in the national identity
database.
Only parents or legal guardians can apply and collect passports for
minors.
The department also said it will be withdrawing transit visa exemptions
for Bangladeshi and Pakistani nationals from August 1, following nationals from
these two countries having attempted to illegally pass through South African
airports.
Travellers from Bangladesh or Pakistan are now required to apply for a
visa when transiting through South Africa.
The future of thousands of Zimbabweans hangs in the balance as the
permit expires in December.
JOHANNESBURG – Home Affairs Minister Aaron Motsoaledi said that they
have hired private lawyers to address backlogs as the expiry of Zimbabwean
exemption permit looms.
The future of thousands of Zimbabweans hangs in the balance as the
permit expires in December.
In November last year, government announced the decision to discontinue
the permit by December this year after its initial introduction in 2009.
That means that Zimbabweans will have to legitimise their stay through
other forms of residency authorisation.
To acquire a work permit in South Africa, Zimbabweans will have to prove
that they possess a special skill or they will have to apply for an exemption
from the labour department.
That is where many are stuck as the department is dealing with backlogs.
When asked about this, Home Affairs Minister Motsoaledi has chosen to
remain tight-lipped.
“What I can tell you is that we have put together a team that is
led by the former DG in the Presidency, Dr Lubisi. We put him together with a
team of lawyers from the private sector, who will sit everyday to process these
documents to make sure that we don’t develop any backlog,” the minister
said.
The Helen Suzman Foundation is approaching the courts to challenge the
abolishment of the Zimbabwean exemption permit certificate, something the Home
Affairs Department is determined to defend.
Accommodation-sharing service Airbnb has announced a new partnership
deal with 20 destinations around the world to make it easier to live and
work anywhere, including Cape Town, Bali, Lisbon, and the Caribbean.
The deal is an extension of Airbnb’s ‘live and work anywhere initiative’
to identify some of the most remote worker-friendly destinations in the world,
and support governments in helping to revive tourism and provide economic
support to communities after two-plus years of travel restrictions.
The 20 destinations Airbnb will spotlight include:
Baja California Sur, Mexico
Bali, Indonesia
Brindisi, Puglia, Italy
Buenos Aires, Argentina
Caribbean
Canary Islands, Spain
Cape Town, South Africa
Colombia
Dubai, United Arab Emirates
Friuli-Venezia Giulia, Italy
Lisbon, Portugal
Malta
Mexico City, Mexico
Palm Springs, California, USA
Queensland, Australia
Rural France
Salzkammergut, Austria
Tampa Bay, Florida, USA
Thailand
Tulsa, Oklahoma, USA
Cape Town
Airbnb said it will work closely with Cape Town Tourism on a range of
initiatives, including building a dedicated custom-built hub for Cape Town that
will showcase top local long-term stay listings as well as important
information relating to entry requirements and visa policies to attract remote
workers.
Airbnb will also partner with the city on educational campaigns to
promote responsible hosting and travelling as a remote worker. The Cape Town
hub is expected to launch later this year.
Cape Town and other tourism destinations in South Africa are also set to
benefit from the introduction of a ‘Remote Working Visa’ for South Africa. The
visa is aimed at attracting ‘digital nomads’ – people who will live in and work
remotely from cities such as Cape Town.
Visas for digital nomads are travel permits that legalise the status of travelling professionals.
Like tourist visas, they are easy to obtain and do not require long paperwork
and a work contract. However, they allow for longer stays.
The city’s mayoral committee member for Economic Opportunities and Asset
Management, James Vos, said with people working from home during the pandemic,
the digital nomads concept has become a much-needed escape and great
opportunity to take work on a holiday.
“We are seeing innovation within the tourism sector to accommodate the
changed behaviour of remote working by offering affordable long-term stays,
including other benefits required to work remotely and we will expand this
message through the broad range of products and businesses who can use a leg up
in this challenging time.
“An abundance of natural beauty and wide-open spaces makes Cape Town an
ideal location to live and work with solid fibre infrastructure and top-class
hospitality services and products.”
Fans getting into the mood before the 2010 World Cup Soccer match between South Africa and France played at the Freestate Stadium in Bloemfontein South Africa on 22 June 2010. Photo: Gerhard Steenkamp/Cleva Media
Government is set to announce a new date for the analogue
switch-off, after delays caused by legal action.
It says the auction of high-demand spectrum was completed and analogue
switch-off has already been completed in five provinces. It’s hoped that
migrating households in remaining provinces to a digital signal will be
completed soon.
This is one of 26 key reforms that government has introduced as part of
Operation Vulindlela.
Finance Minister Enoch Godongwana said:
To facilitate faster deployment of
telecommunications infrastructure, the rapid deployment policy and policy
direction have been finalised for approval by Cabinet and we anticipate that a
standard draft by-law for wayleave approvals will be adopted for roll-out in
municipalities by October 2022.
Operation Vulindlela, which was established in October 2020 to bring
about economic reforms, is a joint structure that has reached five milestones
this year, according to government.
The joint structure between National Treasury and the presidency focuses
on 26 structural reforms in various sectors of the economy, such as transport,
energy, telecommunication and water. In its second quarter report, it stated
that nine reforms had been completed, while 11 were on track.
Among its achievements mentioned in the latest report is the
establishment of the national energy crisis committee, formed to lead the
implementation of recently announced measures to reform the electricity sector
and bring load shedding to an end. But this seems to be the main achievement in
as far as energy reforms are concerned; government is yet to provide additional
power to the grid and improve the energy availability factor to over 70%, as
envisaged in the reforms.
On Monday, government said it would do away with red tape to enable the
quick reform of the electricity sector and add more power to the grid. This
included the reduction of the requirement for photovoltaic solar panels to be
acquired locally to 35% for bid window 5.
A comprehensive review of the work visa system has been completed, with
detailed recommendations to attract skilled immigrants and investment.
The finance minister said the recommendations of the review report would
be implemented by March 2023:
Attracting skills that the economy needs could have
the second-highest impact on economic growth after resolving the energy
shortfall.
“Significant progress has been made, and is being made, to implement
these reforms and to address the urgent challenges that our economy faces.”
Transnet was said to be slowly improving its performance and its
financial position. Last month, Transnet group chief executive Portia Derby
reported a R5 billion net profit, despite ongoing challenges in its operations.
But Godongwana said:
There have been significant challenges with both
the ports and rail infrastructure, as a result of security issues, inadequate
investment in equipment, procurement processes that were tainted by state
capture and poor operational performance.
“However, Transnet is steadily improving its performance and has made
progress in improving its financial position to enable greater investment.
Requests for proposals in respect of private sector participation in rail are
due this month for 16 slots made available by Transnet on the Durban-City Deep
and Pretoria and East London lines.
“We anticipate the passage of the Economic Regulation of Transport Bill
in the coming months, which will establish an independent transport economic
regulator and enable properly regulated, nondiscriminatory access to the network
beyond these initial slots.”
Travellers from South Africa who were planning to take a trip to
Schengen Area countries in August and September will not be able to do so as there
are no Schengen visa appointments available.
Most embassies in South Africa have said that they have no appointment
slots available until mid-October, meaning that South Africans will not be able
to travel to Schengen Area countries anytime soon, SchengenVisaInfo.com
reports.
Embassies in South Africa, as well as those located in other third
countries, have been unable to meet the high demand, which has caused many
people to change their travel plans.
The demand for a Schengen visa especially increased in the last months
as the majority of the EU/Schengen Area countries dropped all of their COVID
rules and decided to permit restriction-free entry to all travellers.
However, since the Schengen Area countries have a fixed number of visas
that they can issue, they have been unable to meet the high demand, causing
dissatisfaction.
Since there are no appointments until mid-October, the travel agencies
have emphasised that travellers might choose to visit other destinations rather
than wait for an appointment to obtain a Schengen visa.
A Schengen visa permits a person to travel to any Schengen Area country
for stays of up to 90 days and is needed by all nationals of third countries
that have not yet reached a visa liberalisation agreement with the Schengen states.
There are different types of Schengen visas. However, those planning to enter a Schengen country for tourism
purposes need to apply for a tourist Schengen visa.
All South Africans who hold a valid passport, as well as third-country
nationals who live in South Africa and who are required to obtain a visa to
enter Europe, can apply for a Schengen visa in South Africa.
Those applying for a Schengen visa in South Africa need to submit a visa
application form, a South African valid passport or another equivalent
document, a photo taken in the last three months, evidence of legal residence
in South Africa, a cover letter, round-trip flight itinerary, proof of
accommodation, means of subsistence, and health insurance.
Previously, SchengenVisaInfo.com answered the
most recently asked question concerning Schengen visas. Travellers
asked whether they could enter a Schengen country with a visa that was issued
by another country. The answer is yes, as long as the traveller applies at the
visa processing centre of the country in which the same will spend more days.
South Africa’s department of home affairs has
more than 350 million civic paper records detailing births, marriages,
deaths, and amendments dating back to 1895.
Sifting through these paper documents is a
major headache for both the department and South Africans.
That’s why the department of home affairs is
hiring 10,000 unemployed youth graduates to digitise these paper
documents.
Job adverts for the first intake of recruits
are due to be published on Friday, with the project expected to last for
three years.
Recruits can earn between R5,000, for entry-level
positions, to R14,250 for manager-level positions.
South Africa’s department of home affairs will recruit 10,000 unemployed
youth graduates to digitise more than 350 million civic paper records over the
next three years, according to Minister Aaron Motsoaledi.
The department of home affairs is clogged by more than 350 million civic
paper records detailing births, marriages, deaths, and amendments dating back
to 1895. The lack of digital copies of these records stifles home affairs’
already overburdened processes, causing frustrating delays for South African
applicants.
“Quite often, South Africans complain bitterly about the delays
they experience when they apply for unabridged birth certificates, unabridged
marriage certificates, amendments, and rectification of their biographic
details,” said Motsoaledi during a media
briefing on Thursday morning.
“This is because to finalise all these applications, Home Affairs
officials have to manually search for original documents among these 350
million manual records. Obviously, such a tedious process will take a long
time, which people may not be aware of. This leads to frustration when people
have to make several visits to Home Affairs.”
To answer this problem, the department of home affairs has committed to
hiring 10,000 unemployed youth graduates who will be tasked with digitising these paper documents. These recruits
should be qualified in Information Technology – specifically, document,
information, and records management – obtained from institutions of higher
learning.
The first phase of the recruitment process will begin in August, said
Motsoaledi, with adverts for the intake of 2,000 unemployed youth graduates
available on Friday. This first group of recruits will “assume duty”
on 1 November 2022.
The department will recruit a further 4,000 unemployed youth graduates
in October and the remaining 4,000 in December.
“This cohort will be required to sign a three-year contract linked
to the duration of the project,” said Motsoaledi, noting that the project
would run until October 2025.
“Successful youth will be paid a stipend ranging from R5,000 for
entry-level positions to R9,500 for technical support level positions, and
R14,250 for manager-level positions.”
Candidates will be able to apply for work within the digitisation
project through the department of home affairs and department of employment and
labour websites.
“Those that don’t have access to the internet can visit their
closest labour centre of the department of employment and labour,” said
Motsoaledi.
“In this month of women, and to honour the heroines of the 1956
march to the Union Buildings, we wish to announce that 60% of the intake will
be of young women and only 40% will be young men.”
Training will also be offered to new recruits relevant to the job for
which they are contracted to perform.
“Once the records are digitised, Home Affairs officials will have
access to them at a click of a button and would be able to finalise the
applications instantly,” added Motsoaledi.
The Department of Home Affairs is making
changes to passport applications and collections to avoid fraud.
Only the person who applied for a passport can
collect it and activate it with fingerprints.
The department has also introduced a transit
visa for Pakistani and Bangladeshi nationals.
The Department of Home Affairs says it is tightening rules around
passport applications and collections to stop fraud.
On Thursday, Home Affairs Minister Aaron Motsoaledi said fraud linked to
South African passports was causing it to lose its integrity.
“In recent months, the South African passport has been in the news
for the wrong reasons. Firstly, on 24 March 2022, in our Krugersdorp office,
the nation saw us apprehending a Pakistani national and arresting him with some
South African citizens and corrupt Home Affairs officials. All these people
were working together to defraud the SA passport.
“Secondly and immediately thereafter, the story of ‘Lebogang from Bangladesh’ made headlines all over
the media, including on social media,” he said.
Motsoaledi added locals implicated in the two corruption cases were out
on bail.
“They are on bail; most of them are our citizens. We,
unfortunately, can’t disown them. They were outright stupid,” he
said.
He said fraud involving the passport had consequences for the
country.
Motsoaledi said:
What people don’t realise are the serious
consequences and hardships that the country suffers when its passports are
defrauded in this manner.
“The main one being that the integrity of the South African
passport will be put into question, causing many hardships for South African
travellers. It is for this reason that this state of affairs cannot be allowed
to continue,” he said.
Motsoaledi added that the department was implementing several steps to
secure the passport, saying it was changing the rules around passport
issuance.
Passports can now only be collected from the office they were applied at
and only by the person who applied for them.
He said this was so the document could be activated by the applicants’ fingerprints.
Parents who apply for their children will be the only ones allowed to pick up
the passport and activate them with their fingerprints.
“We must strongly warn that any passport collected using whatever
method other than the ones announced today will not be activated and hence will
be of no use to the holder.
“We are aware that this will inconvenience some frequent travellers
and some busy people who might not have time, but we are appealing that
everybody has to be prepared to readily pay this price for the integrity of our
passports,” he said.
Motsoaledi added the department would not be announcing the internal
steps it was taking so as not to alert corrupt officials, saying it would
be making an announcement related to the technology soon.
Transit visas
The minister said because of fraud and corruption linked to Pakistani and Bangladeshi travellers’
transit through South Africa, the department would enforce a transit visa on
them.
“The decision was informed by recent incidents wherein passengers
from the two countries were caught attempting to enter into South Africa
illegally by sneaking in through fire hydrant passages at the airport while on
the way to the transit lounge to continue to other countries.
“In so doing, they try to evade immigration and other law
enforcement officers at the port of entry, thus undermining the security and
sovereignty of the state,” he said.
Motsoaledi added transit visas were a way “to stop people from
undermining our systems”.
Pretoria – Zimbabwe’s Minister of Foreign Affairs and International
Trade, Frederick Shava, said the government led by President Emmerson Mnangagwa
is ready to welcome back its citizens who have lived in South Africa under the
Zimbabwe Exemption Permits (ZEP).
“The Zimbabwe Exemption Permit will expire at the end of this year. Its
expiry is naturally causing much anxiety to the holders of this permit,” Shava
said in his opening remarks while co-chairing the mid-term review of the
Bi-National Commission (BNC) with International Relations and Cooperation
Minister Naledi Pandor.
“Our two governments must work closely in the implementation of this
decision. We are ready to receive our nationals back home,” he said.
Among several senior officials from the two nations, the high-level
meeting was also attended by Ambassador of South Africa to Zimbabwe,
Thizwilondi Rejoice Mabudafhasi, and Ambassador of Zimbabwe to South Africa,
David Hamadziripi.
Numerous Zimbabweans living in South Africa are in limbo, after the
South African government announced that it would not be extending the Zimbabwe
Exemption Permits (ZEP), which ended on December 31, 2021.
The almost 200 000 permit-holders were given a 12-months grace period to
regularise their stay with another category of permit.
Pandor told Shava that Pretoria is grateful for the supportive role
played by Zimbabwe in arresting the scourge of illegal migration.
“Dear Minister (Shava), I’m sure you are aware that effective management
of immigration has been an ongoing challenge for our government.
“We’ve recently established a border management agency and we hope it
will vastly reduce illegal migration and improve efficiency. I must thank you
and your government for the support you have given us in this endeavour,” she
said.
Pandor said the review meeting gives the two neighbouring countries an
opportunity to “reboot and reset our programmes, to better respond to the challenges
that have emanated” from the Covid-19 pandemic.
“I am pleased to recall that despite the constraints of the pandemic,
total trade between South Africa increased from a quantum of R38billion in 2020
to R47.5bn in 2021. I trust that our delegations will align our planning to
enhance this positive development and I note in the figures that the surplus
lies with South Africa, and we would like to see greater benefit to Zimbabwe’s
economic sectors as well.
“Of course, our cooperation and partnership is not only limited to
bilateral relations. We also share common values on regional, continental and
global governance issues of mutual interest,” she said.
Pandor also expressed gratitude to Zimbabwe for the support given to
South Africa when it served on the SADC Organ on Politics, Defence and Security
Cooperation.
Shava, a seasoned diplomat, was appointed by Mnangagwa to head the
Ministry of Foreign Affairs last year, following the death of the country’s
Foreign Affairs Minister Sibusiso Moyo
A Nigerian lady who resides in Canada has advised her
countrymen who wish to relocate to be fully prepared for the hustle and bustle that
comes with working in the North American country.
She documented a day in her life as a factory worker and revealed that as early
as 4:50 am she is already on her way to work.
The young woman said that waking up that early was a huge struggle for her,
so she said that anybody that is making plans to travel there should be ready
to put in that level of commitment.
She said; ”It’s is about 10 minutes to 5 and I am heading to work. It was a
struggle waking up this morning, a huge struggle. This is part of the things we
go through, so be ready”
If you are coming to Canada, be ready just in case your journey is like mine.”
Foreign nationals whose applications for asylum in
South Africa were rejected do not automatically have the right in law to
reapply.
If they do, this will allow for a never-ending
cycle of asylum applications, according to a judgment by the Western Cape High
Court.
This followed an application by three Burundian
nationals who applied for asylum in South Africa.
Their applications were rejected as being
manifestly unfounded in terms of the Refugees Act.
The refusal was automatically reviewed by the
Standing Committee for Refugee Affairs, which confirmed the finding.
The women subsequently turned to court to obtain an
order directing Home Affairs and its various arms dealing with asylum issues,
to accept a second asylum seeker application made by each of them.
Their main objective to remain in South Africa was
because they wanted to study and work here, while one of the women said she
came here “to find her husband”.
According to them, the act makes provision for
foreign nationals to reapply for refugee status after their first application
has been turned down.
Each of them earlier applied for asylum status in
South Africa, but their applications were turned down, as their reasons for
wanting to stay in South Africa were said to be unfounded.
In terms of the Refugee Act, a person qualifies for
refugee status if it is proven that their lives would be in danger if they were
to be sent back to their country of origin.
But in this case, home affairs officials noted that
peaceful elections were held in Burundi in 2020 and many Burundian refugees had
voluntarily returned home, so the women were not in danger if they went back.
The women accepted the rejection of their first
asylum applications and did not take it on review. But they said that they were
entitled, in terms of the law, to reapply.
Judge Hayley Slingers said the women were told to
leave the country when their asylum applications were turned down in 2014, yet
they chose to remain illegally in the country.
They now wanted the court to force Home Affairs to
accept their second application.
They want to base the second application on
allegations that their lives would indeed be in danger if they were forced to
return to Burundi due to the government there.
According to them, the act is “an open system
designed for vulnerable people to apply for asylum”.
They also argued that their interpretation of the
act is that it does not matter how any times someone applied for asylum status
after being refused, and that while the application is pending, they may not be
kicked out of the country.
But Judge Slingers said this interpretation is
problematic, as it would mean an asylum seeker could keep on submitting
applications if the previous ones were refused, while remaining in South Africa
all the time.
“There would then be no need to be granted asylum
as the asylum seeker need only continuously apply for asylum, to be granted the
right to stay in the RSA.”
The judge turned down their application and said
the act did not automatically give asylum seekers the right to reapply.
She said when their asylum applications were
refused and this was confirmed by the committee, they reverted to the status of
being illegally in the country.
South Africa needs to increase the number of researchers and technicians
it has at its disposal if it wants to remain globally competitive in
innovation.
This was one of the key issues raised in the 2022 South African Science,
Technology And Innovation Indicators Report, published by the Department of
Higher Education, Science and Innovation on Friday (29 July).
Minister in charge of that department, Blade Nzimande said that the
number of researchers employed in research and development (R&D) in South
Africa has been on the decline since 2018, as has the number of technicians
employed in R&D.
The proportion of technicians to researchers employed in R&D
decreased from 32.8% in 2014/15 to 24.3% in 2019/20, and employment in R&D
in the business sector declined by slightly more than one-fifth, he said.
“A critical component of a well-functioning innovation system is human
capital across all the science, technology and innovation (STI) activities,”
the department said.
“Previously, much of the focus was on researchers carrying out R&D
activities in South Africa. However, technicians are important for the
integration and translation of research ideas into demonstrators and other
tangible R&D outputs. Hence, the number of researchers employed in R&D
are analysed along with the technicians employed in R&D.”
The department pointed to a steady increase in researchers employed in
R&D between 2010 and 2017. However, since 2017, the numbers have declined.
While South Africa’s number of researchers in 2019 (28,358) was 51.5%
more than in 2010 (18,720), it said the country needs to up the number of
researchers of all races to increase its innovation potential.
South African Researchers in Employment
The upside to the latest data is that transformation is taking place in
South Africa’s STI landscape, the department said.
There is an increase in the percentage of African researchers, from
26.7% in 2010 to 35.6% in 2019. However, there is a declining trend among white
researchers in the country.
While the percentage of white researchers has declined, the absolute
number of white researchers was in fact on the increase from 14,789 in 2010 to
15,795 in 2017. However, the numbers dropped back to 14,890 in 2018 and further
to 14,224 in 2019.
The proportion of both coloured and Indian researchers increased
marginally between 2010 and 2018, the department said.
Proportion of South African Researchers by Race
When it comes to technicians, a more troubling picture emerges.
The number of technicians employed in R&D has been on the decline
since 2015. As a result, the proportion of technicians to researchers has
decreased from a high of 32.8% in 2014 to 24.3% in 2019.
“The decline in the percentage and number of technicians employed in
R&D should be interpreted in the context of the movement of R&D in
South Africa from the business sector to higher education, with more focus on
basic research,” the department said.
However, even taking into account the migration from business to
academics, the number of technicians employed in R&D by the higher
education sector is also very low, it said.
South African Technicians Employed in R&D
Nzimande said that following the 2020 and 2021 Covid-19 pandemic, the
country’s National System of Innovation has been “stretched to its limits”,
which impacts the country’s ability to compete internationally.
“South Africa’s innovation performance is falling behind other
middle-income countries with regard to outputs such as patents and high
technology exports. South Africa performs better in innovation inputs than
innovation outputs. Considering its level of innovation investment, the country
produces few innovation outputs,” he said.
The resolve the issue, he said that his department will focus on the 2019
White Paper on Science, Technology and Innovation, which aims to future-proof
education and skills as one of its core pillars.
The government is trying to strengthen a future-ready workforce at both
the foundational and further education levels through restructuring curriculae
and introducing a broader range of subjects and courses.
South Africa needs to increase the number of researchers and technicians
it has at its disposal if it wants to remain globally competitive in
innovation.
This was one of the key issues raised in the 2022 South African Science,
Technology And Innovation Indicators Report, published by the Department of
Higher Education, Science and Innovation on Friday (29 July).
Minister in charge of that department, Blade Nzimande said that the
number of researchers employed in research and development (R&D) in South
Africa has been on the decline since 2018, as has the number of technicians
employed in R&D.
The proportion of technicians to researchers employed in R&D
decreased from 32.8% in 2014/15 to 24.3% in 2019/20, and employment in R&D
in the business sector declined by slightly more than one-fifth, he said.
“A critical component of a well-functioning innovation system is human
capital across all the science, technology and innovation (STI) activities,”
the department said.
“Previously, much of the focus was on researchers carrying out R&D
activities in South Africa. However, technicians are important for the
integration and translation of research ideas into demonstrators and other
tangible R&D outputs. Hence, the number of researchers employed in R&D
are analysed along with the technicians employed in R&D.”
The department pointed to a steady increase in researchers employed in
R&D between 2010 and 2017. However, since 2017, the numbers have declined.
While South Africa’s number of researchers in 2019 (28,358) was 51.5%
more than in 2010 (18,720), it said the country needs to up the number of
researchers of all races to increase its innovation potential.
South African Researchers in Employment
The upside to the latest data is that transformation is taking place in
South Africa’s STI landscape, the department said.
There is an increase in the percentage of African researchers, from
26.7% in 2010 to 35.6% in 2019. However, there is a declining trend among white
researchers in the country.
While the percentage of white researchers has declined, the absolute
number of white researchers was in fact on the increase from 14,789 in 2010 to
15,795 in 2017. However, the numbers dropped back to 14,890 in 2018 and further
to 14,224 in 2019.
The proportion of both coloured and Indian researchers increased
marginally between 2010 and 2018, the department said.
Proportion of South African Researchers by Race
When it comes to technicians, a more troubling picture emerges.
The number of technicians employed in R&D has been on the decline
since 2015. As a result, the proportion of technicians to researchers has
decreased from a high of 32.8% in 2014 to 24.3% in 2019.
“The decline in the percentage and number of technicians employed in
R&D should be interpreted in the context of the movement of R&D in
South Africa from the business sector to higher education, with more focus on
basic research,” the department said.
However, even taking into account the migration from business to
academics, the number of technicians employed in R&D by the higher
education sector is also very low, it said.
South African Technicians Employed in R&D
Nzimande said that following the 2020 and 2021 Covid-19 pandemic, the
country’s National System of Innovation has been “stretched to its limits”,
which impacts the country’s ability to compete internationally.
“South Africa’s innovation performance is falling behind other
middle-income countries with regard to outputs such as patents and high
technology exports. South Africa performs better in innovation inputs than
innovation outputs. Considering its level of innovation investment, the country
produces few innovation outputs,” he said.
The resolve the issue, he said that his department will focus on the 2019
White Paper on Science, Technology and Innovation, which aims to future-proof
education and skills as one of its core pillars.
The government is trying to strengthen a future-ready workforce at both
the foundational and further education levels through restructuring curriculae
and introducing a broader range of subjects and courses.
Ever wondered what the difference between Indefinite Leave to Remain and
citizenship is? SA Migration has answers to some of your questions.
Indefinite Leave to Remain – all you need to know: Image: Adobe stock
Indefinite Leave to Remain, or ILR in short, is the stepping stone
to British citizenship. However, many people get confused between ILR and
citizenship.
SA Migration have subsequently compiled short guidance on all that you
need to know about ILR.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain or ILR is the immigration term that confirms
there is no longer any time limit on your ability to stay in the UK.
When you have ILR, and your home is in the UK, the Home Office regards
you as settled in the UK.
A person with the status of ILR has the right to live and work in the UK
without immigration restrictions. They may also leave and enter the UK without
any immigration restrictions imposed on them.
How does one obtain ILR?
One does not automatically receive ILR but has to apply for the status
of ILR.
There are various ways to meet the time requirement to qualify to apply
for Indefinite Leave to Remain. Some examples are:
Spending five years on the UK Ancestral route;
Completing five years as the holder of a UK
settlement visa;
Spending five years on an immigration route
such as the Skilled Worker Visa;
Long residence stays will allow you to apply
for ILR if you have been in the UK legally for ten continuous years in
visa categories that would not normally lead to ILR.
Are there other requirements to fulfil before I can apply for ILR?
To qualify, most persons applying for ILR applicants must pass a
Knowledge of Language and Life in the UK test (KoLL).
To fulfil this requirement, you have two complete two tests, unless
exempt:
To pass the Life in the UK test; and
To have an English speaking and listening
qualification at the B1 Common European Framework of Reference for
Languages (CEFR).
ILR applicants under 18 years or older than 65 do not need to fulfil the
KOLL requirement. The Home Office also has the discretion to exempt applicants
from this requirement, dependent on special circumstances.
What will my Biometric Residence Permit say if I have ILR?
If you are settled in the UK, your BRP will have one of the following
statuses printed on it:
“Indefinite Leave to Remain”
“Indefinite Leave to Enter”
“No time limit”
Will there be any work restrictions when I have ILR?
When you have ILR, you have the right to work in the UK without any
immigration restrictions. You can work in the UK in any business, profession or
employment, including self-employment.
You are also free to open your own business.
What if I have children while in the UK on ILR?
If you have a child in the UK while you have the status of ILR, they
will normally be a British citizen automatically at birth.
Can I lose my ILR?
It is possible to lose your status of ILR if you have been absent from
the UK for longer than two years. A person would normally be considered no longer
settled in the UK, and the Home Office can revoke your ILR status. However, it
is possible to apply as a Returning Resident under certain circumstances,
should you have lost your ILR.
You can also lose your ILR status if you commit a serious offence in the
UK and get deported. It is also possible to lose your ILR if the Home Office
finds out you have obtained the leave by deception.
Please speak to your SA Migration consultant
for more advice if you think you have possibly lost your ILR status.
How do I proceed to become a British citizen?
You can normally apply for British citizenship after living in the UK
for at least twelve months after getting your ILR. You will, of course, have to
fulfil certain criteria.
In some circumstances, persons do not need to meet the twelve-month
qualifying period to apply. Please speak to your SA
Migration consultant for more advice in this regard.
Motsoaledi’s move comes after the earlier version inexplicably omitted
them despite shortages
Business Day – 11 August 2022
Home affairs minister Aaron Motsoaledi has put specialist nurses,
doctors and dentists back on the critical skills list, in a revised version
published in the Government Gazette.
The previous version, released in February, inexplicably left healthcare
workers off the list, despite SA’s shortages. Their exclusion was all the more
baffling since Motsoaledi consistently drew attention to the skills deficit in
the healthcare sector when he was health minister between 2009 and 2019…
South Africa’s Department of Home Affairs (the equivalent of the Ministry
of Territorial Administration in Cameroon), has announced that it will begin
reviewing visas issued to foreigners as far back as 2004.
The announcement last week by South Africa’s Minister of Home Affairs,
Aaron Motsoaledi comes after indications that there has been mass corruption in
his ministry even before he took office.
Investigations revealed that some unscrupulous staff in the Department
were issuing visas to foreigners in as little as 48 hours – something that is
questionable as there are a lot of checks that have to be conducted before a
visa is issued and these checks cannot normally be done in just two days.
Investigations in the Department of Home Affairs also revealed that some
foreigners as young as 25 were getting retirement visas and study visas were
often issued to “learners” with sketchy details as to the course of study and
other related information.
Minister Motsoaledi stated that he is certain that the review of visas
from 2004 will expose a lot of people who obtained visas fraudulently. This
would mean all those in possession of fake visas or those who did not follow
due process in the obtention of their visas will be deported to their home
countries.
The decision is likely to affect hundreds of Cameroonians, most of whom
have either overstayed their visas or entered the country illegally through its
porous borders either through Namibia, Eswatini, or Mozambique.
It should be noted that South Africa installed border guards on July 13
as a way of curbing illegal migration into a country that is already burdened
with its own domestic problems from high unemployment to staggering crime
figures.
Foreigners are often easily targeted when frustrations with poor service
delivery by the ANC-led government boil over. Some South Africans believe that
they are jobless because foreigners “took” their jobs.
The Department of Employment and Labour (DEL) has published an annexure to
South Africa’s immigration regulations, making sure that all work visa
applications are vetted by the department first.
Labour and immigration experts at Cliffe
Dekker Hofmeyr said that employers must ensure that they comply
with new requirements to avoid any administrative delays in the processing of
visa applications.
The new annexure clarifies “uncertainty” about the DEL’s involvement in
the visa application process, now making it a critical step, said Cliffe Dekker
Hofmeyr.
There is now a compulsory preliminary process to be followed
before work visa applications are submitted to Visa Facilitation Services
(VFS), which was not the case prior to the annexure.
Previously, an employer was required to register a vacancy with the DEL
and had to interview all prospective candidates referred to them by the
department. Under the new annexure, visa applications to fill the position must
be submitted to the DEL for vetting.
The annexure deals with the following:
A general work visa (GWV);
A corporate visa;
The renewal of an existing visa (to a GWV);
The change of conditions or status of an
existing visa (to a GWV);
A permanent residence permit for foreigners
who receive an offer of employment while in possession of a valid work
visa.
According to Cliffe Dekker Hofmeyr, in terms of the preliminary process,
the following steps must be taken by the client employer – and not the foreign
worker – before a visa application is submitted to VFS:
The employer must register the employment
opportunity with the DEL by completing a registration form.
After completing the employment opportunity
form, the DEL will try to provide the employer with suitable candidates
for placement. The client employer is required to inform the DEL whether
any of its referred candidates have been employed.
The visa application form must be completed
and delivered to the relevant DEL provincial office, together with the
respective supporting documents. When submitting the visa application, the
client employer must also provide the DEL with its contact details and
business address for purposes of future compliance audits.
After the visa application is submitted to the
DEL, a “visa finalisation notification” will be emailed to the employer
after a recommendation certificate has been submitted by the DEL to the
Department of Home Affairs (DHA).
In terms of the annexure, the DEL’s recommendation is not appealable,
and an appeal can only be directed to the DHA, added Cliffe Dekker Hofmeyr.
Only after the employer receives the notification from the DEL it can
submit the work visa application to the DHA. The turnaround time for the DEL to
process a work visa is said to be 30 working days. However, the department
currently faces a backlog.
Zero-tolerance stance
The DHA announced at a recent Xpatweb
conference that it has the mandate to address immigration in South Africa. It
urged employers to ensure that all expatriate staff are in possession of
legally obtained and issued work visas.
The department’s approach has been necessitated by years of employers
failing to comply with the provisions of the Immigration Act through the
consistent employment of illegal foreigners without valid work visas, said
Cliffe Dekker Hofmeyr.
Under the Immigration Act, employers are prohibited from employing
illegal foreign nationals. The new zero-tolerance approach by the government
means that employers who are found to have contravened the Immigration Act will
be shown ‘no mercy’.
Cliffe Dekker Hofmeyr said that employers must make a good faith effort to ascertain
the status or citizenship of any foreigners they intend to employ, not to
contravene the Immigration Act.
This could be done by:
Verifying the validity of prospective
employees’ work visas, refugee or asylum permits through either the Department
of Home Affairs or a third-party service provider such as the Managed
Integrity Evaluation Services; or,
Conducting an immigration audit of all current
foreign employees.
An illegal foreign national under the Immigration Act is a foreigner
whose status does not authorise them to be employed by a particular employer.
Or any foreigners on terms, conditions and/or in any capacity other than the
capacity provided for based on their status, said Cliffe Dekker Hofmeyr.
If an employer is in contravention of the act, it is guilty of an
offence and liable to either a fine or imprisonment upon conviction, the firm
said.
The DHA said it is currently working its way through businesses and
arresting illegal ex-pats and relevant company representatives.
In September 2021, the Free State High Court
declared Section 24(2) of the Legal Practice Act 28 of 2014
unconstitutional and invalid.
The matter was brought by foreign nationals who
wanted to be admitted and enrolled as legal practitioners in South Africa.
On Tuesday, the Constitutional Court declined
to confirm the constitutional invalidity.
A group of foreign nationals, who were fighting to be admitted and
enrolled as legal practitioners in South Africa, but lack permanent residency,
lost their bid in the Constitutional Court on Tuesday.
The court dismissed the group’s leave to appeal against a Free State
High Court judgment.
It also declined to confirm that Section 24(2) of the Legal Practice Act
28 of 2014 (LPA) was unconstitutional and invalid to the extent that it did not
allow foreigners to be admitted and authorised to enroll as non-practising
legal practitioners.
In September last year, the Free State High Court in Bloemfontein
declared that section unconstitutional and invalid, but found the
discrimination in Section 24(2)(b) of the LPA was fair.
One of the applications was brought by Relebohile Cecilia Rafoneke and
Sefoboko Phillip Tsuinyane, both Lesotho nationals, who wanted to practice in
South Africa.
Another was brought by Zimbabwe nationals Bruce Chakanyuka, Nyasha James
Nyamugure and Dennis Tatenda Chayda, as well as an asylum seeker refugee and
migrant coalition, all facing the same issues as Rafoneke and Tsuinyane.
The respondents were the justice and correctional services minister and
the Legal Practice Council.
Rafoneke and Tsuinyane both studied at the University of the Free State,
where they obtained LLB degrees.
They entered into contracts of articles of clerkship, completed
vocational training, and passed the practical examination for attorneys.
When they applied to be admitted and enrolled as attorneys of the high
court, their applications were dismissed because they were neither South
African citizens nor lawfully admitted to this country as permanent residents.
The applicants challenged the constitutionality of sections 24(2)(b) and
115 of the LPA, arguing that the impugned provisions restricted their rights to
be admitted into the legal profession.
On Tuesday, the court said: “South Africa, as a sovereign state,
has an obligation to protect the interests of its citizens. It has entrenched
the rights of its citizens to choose their trade, occupation or profession
freely through section 22 of the Constitution.”
The court said section 24(2) of the LPA is legislation that regulates
practice, legally-related occupations and professions in general.
It, however, found that the “regulatory competence exercised cannot
be said to extend to non-citizens and their choice of profession as section 22
is a right in the Constitution that does not extend to them”.
But it said the fact that non-citizens do not have rights that accrue
under section 22 does not mean they are not entitled to enter certain
categories of professions in the country.
In addition, the Constitutional Court said the differentiation between
citizens and permanent residents on one hand, and foreign nationals on the
other, does not amount to unfair discrimination.
According to the judgment, the limitation created by section 24(2) is
“narrowly tailored” to the admission of legal practitioners and does
not operate as a blanket ban on employment in the profession.
“Therefore, the activity which the applicants sought constitutional
protection for is the enjoyment to choose one’s vocation and, as such, this
cannot be held to amount to unfair discrimination as that right does not fall
within a sphere of activity protected by a constitutional right available to
foreign nationals, such as the applicants.”
Almost half of South Africa’s teachers are going to have to retire in
the next 10 years, says Julian Hewitt, chief executive officer of the educator
bursary programme, the Jake Gerwell Fellowship.
Speaking to 702, Hewitt said that the
Department of Education’s payroll showed that the country’s schools are
expected to run out of highly skilled teachers.
The latest Jake Gerwell Fellowship annual report shows that 45% of all
government-employed teachers will retire in the next decade – pointing to a
potential teacher crisis.
“At least half the teachers in South Africa are in their 50s at the
moment, and the retirement age is 60, so there is a looming crisis.”
This is compounded by the other major challenge facing the industry,
being that there is poor uptake in teaching as a career of choice, said Hewitt.
According to the fellowship, a recent OECD survey revealed that only 49% of
teachers in South Africa regard teaching as their first-choice career.
This is significantly lower than international standards, said Hewitt.
A shortage of skilled educators due to retirement was previously raised
by private higher education institution, Mancosa, which said that South Africa
is not graduating an adequate number of teachers to meet the supply and demand.
“More teachers are leaving than entering the profession. Currently, the
country’s initial teacher institutions graduate 15,000 new teachers per year.
This is below the 25,000-mark required to maintain an effective teacher-pupil
ratio,” said professor Magnate Ntombela, principal of Mancosa.
“There is a dire need to find 20,000 newly-qualified teachers each year
to maintain current teacher-pupil ratios,” he said.
More graduates
The Department of Basic Education has previously responded to claims of
a skills crisis in teaching, saying that the number of new teaching graduates
is increasing every year.
“The number of initial teacher education graduates has grown over the
last 10 years from an output of about 7,973 in 2010 to 31,799 in 2020,” it
said.
The 25,000 graduates mark was reached in 2017, it said, adding that the
current enrolment trends point to the upward trajectory in graduation numbers.
The output of graduates is favoured towards the Senior/Further Education
and Training Phases (SP/FET) – partly because the two qualification pathways
allow for SP/FET to qualify through both the Bachelor of Education (BEd) and
Post Graduate Certificate in Education (PGCE) while Foundation Phase (FP) is
largely limited to BEd pathway, the department said.
The average teacher attrition rate over is 15,200 a year – largely due
to retirement, but also because of resignations, ill health and death, the
department said.
The teacher supply in terms of quantity is reasonably adequate, the
department said, at least from the analysis of the situation in public
education.
Earnings
The department’s latest information on how much the average teacher
varies between post levels.
The lowest entry-level salary for educators that meet the minimum
qualification (Relative Equivalent Qualification Value 13) or a matric pass
plus three years of study is R214,908.
However, an educator who studied for four years earns R284,238 annually.
This salary can increase gradually with experience and age.
According to the Department of Education, age does affect the earnings
of a teacher; however, a promotion to a higher post could lead to a quicker
increase in earnings.
South Africa needs to increase the number of researchers and technicians
it has at its disposal if it wants to remain globally competitive in
innovation.
This was one of the key issues raised in the 2022 South African Science,
Technology And Innovation Indicators Report, published by the Department of
Higher Education, Science and Innovation on Friday (29 July).
Minister in charge of that department, Blade Nzimande said that the
number of researchers employed in research and development (R&D) in South
Africa has been on the decline since 2018, as has the number of technicians
employed in R&D.
The proportion of technicians to researchers employed in R&D decreased
from 32.8% in 2014/15 to 24.3% in 2019/20, and employment in R&D in the
business sector declined by slightly more than one-fifth, he said.
“A critical component of a well-functioning innovation system is human
capital across all the science, technology and innovation (STI) activities,”
the department said.
“Previously, much of the focus was on researchers carrying out R&D
activities in South Africa. However, technicians are important for the
integration and translation of research ideas into demonstrators and other
tangible R&D outputs. Hence, the number of researchers employed in R&D
are analysed along with the technicians employed in R&D.”
The department pointed to a steady increase in researchers employed in
R&D between 2010 and 2017. However, since 2017, the numbers have declined.
While South Africa’s number of researchers in 2019 (28,358) was 51.5%
more than in 2010 (18,720), it said the country needs to up the number of
researchers of all races to increase its innovation potential.
South African Researchers in Employment
The upside to the latest data is that transformation is taking place in
South Africa’s STI landscape, the department said.
There is an increase in the percentage of African researchers, from
26.7% in 2010 to 35.6% in 2019. However, there is a declining trend among white
researchers in the country.
While the percentage of white researchers has declined, the absolute
number of white researchers was in fact on the increase from 14,789 in 2010 to
15,795 in 2017. However, the numbers dropped back to 14,890 in 2018 and further
to 14,224 in 2019.
The proportion of both coloured and Indian researchers increased
marginally between 2010 and 2018, the department said.
Proportion of South African Researchers by Race
When it comes to technicians, a more troubling picture emerges.
The number of technicians employed in R&D has been on the decline
since 2015. As a result, the proportion of technicians to researchers has
decreased from a high of 32.8% in 2014 to 24.3% in 2019.
“The decline in the percentage and number of technicians employed in
R&D should be interpreted in the context of the movement of R&D in
South Africa from the business sector to higher education, with more focus on
basic research,” the department said.
However, even taking into account the migration from business to
academics, the number of technicians employed in R&D by the higher
education sector is also very low, it said.
South African Technicians Employed in R&D
Nzimande said that following the 2020 and 2021 Covid-19 pandemic, the
country’s National System of Innovation has been “stretched to its limits”,
which impacts the country’s ability to compete internationally.
“South Africa’s innovation performance is falling behind other
middle-income countries with regard to outputs such as patents and high
technology exports. South Africa performs better in innovation inputs than
innovation outputs. Considering its level of innovation investment, the country
produces few innovation outputs,” he said.
The resolve the issue, he said that his department will focus on the
2019 White Paper on Science, Technology and Innovation, which aims to
future-proof education and skills as one of its core pillars.
The government is trying to strengthen a future-ready workforce at both the
foundational and further education levels through restructuring curriculae and
introducing a broader range of subjects and courses.
South Africans looking to travel abroad have been
met with visa processing delays.
These delays are most noticeable for those
wanting to visit America, with no appointment slots left in 2022,
according to Rennies BCD Travel.
Would-be travellers may get an
“appointment waiver”, speeding the process up significantly, if
they’ve had a US visa that expired in the past two years.
Visa processing delays are frustrating South Africans who are looking to
travel abroad, with appointments for interviews with the United States (US)
consulate only available from February 2023.
“Visa availability continues to be a struggle for travellers,”
warned corporate and online travel management company Rennies BCD Travel in a
notice to clients on Friday.
A massive backlog of visa applications, emanating from the
pandemic-induced lockdown, which effectively halted travel and closed
embassies, coupled with a resurgence of international movement in the past six
months, has led to longer processing times. Like
the airports experiencing chaos amid Europe’s summer holiday,
staffing deficits are also impacting embassies.
Back in January, VFS Global, the world’s largest visa outsourcing firm, confirmed longer waiting times and limited appointment slots.
The US warned “that it may take several months to schedule an interview
appointment”, while the UK High Commission in Pretoria, in May, confirmed “longer processing
times” and urged travellers to “apply in good time”.
Visa appointment and processing times for some European destinations,
like Austria, Denmark, Italy, and Spain, range from two weeks to six weeks.
Although Germany is taking appointments in August, the total processing time
listed by Rennies is up to four weeks, while the earliest date for an
appointment with the Dutch embassy in Pretoria is 1 September.
Wait times for an appointment for those wishing to travel to the UK
aren’t as long – estimated between one and two weeks according to Rennies – but
the processing time could take up to two months.
Getting a visa appointment for travel to the US has the longest waiting
period of any country listed by Rennies. Appointments in Cape Town are only
open in February 2023, while Johannesburg’s wait time extends to May 2023.
The long wait for US visa appointments cited by Rennies is confirmed by the US department of consular affairs. Getting an
appointment for a visitor visa in Johannesburg is estimated to take 240 days,
or eight months, while the waiting period for “all other non-immigrant
visas” is marginally shorter, at 210 days.
Getting an appointment for a US visitor visa in Cape Town, according to
the department of consular affairs’ website, will take 121 days or around four
months, which is quicker than Rennies’ estimate. Rennies, however, warns of a
processing time of up to 12 weeks. Those applying for a student/exchange
visitor visa could get an interview within three days, compared to two months
for the same in Johannesburg.
There may, however, be some relief for those who’ve had a US visa in the
past.
“If you have had a previous USA visa that expired in the last 48
months, you may qualify for an ‘appointment waiver’. This option takes anything
from four to 12 weeks to be returned,” explained Rennies.
“There is no option for an earlier appointment unless the traveller
has a compassionate case or can demonstrate an urgent or compelling need for
business travel.”
Durban – After two years of shutdown of all secondary land border posts of
South Africa with neighbouring countries in the SADC region, the Department of
Home Affairs has finally decided to open them again.
The 32 land border posts were closed late in March 2020 due to
restrictions imposed to contain Covid-19 and the need to limit the movement of
people.
During that period, only major border posts like Beit Bridge, which
leads to Zimbabwe, Lebombo (Mpumalanga side) and Farazella (KZN side), which
leads to Mozambique, Oshoek and Mahamba (Mpumalanga side) and Golela (KZN side,
which leads to the Kingdom of eSwatini were opened.
Also opened during that period was Vioolsdrift, which leads to Namibia,
the Maseru bridge, which leads to Lesotho and Skilpadshek/Pioneer Gate, which
leads to Botswana.
On Friday, through a government notice, the minister of the department
of home affairs, Aaron Motsoaledi, announced that all this has changed.
“I, Dr Pakishe Aaron Motsoaledi, the Minister of Home Affairs, hereby,
in terms of section 9A of the Immigration Act (Act No.13 of 202) and Regulations
6 and 8 of the Immigration Regulations, 2014, determine the August 1, 2022 as
the date on which all closed ports of entry shall be re-opened.
“And any person who wishes to enter into, transit through or depart from
the Republic must do so at a port of entry,” reads the notice signed by
Motsoaledi on Friday.
Among the secondary border posts that will be re-opened after over two
years of no activity is Onverwacht/Nsalitje near the KwaZulu-Natal border town
of Pongola. The border post leads to southern eSwatini andis mainly used by
South African mining specialists working at Maloma colliery which supplies
Eskom with high-quality anthracite coal.
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For Lesotho-South African travellers, the Sani Pass border in the
Drakensberg mountains on the side of KwaZulu-Natal will be fully opened again.
Travellers to Mozambique will benefit as the border posts of Pafuri and
Giriyondo will be opened once more.
Bray and Makopong, which was among the 13 Botswana – South Africa border
posts which were closed, will now be opened for use by travellers.
Alexander Bay, which links South Africa with Namibia will be among those
border posts to be opened for the first time since Covid-19 struck.
The spokesperson of the South African Department of Home affairs, Siya
Qoza, confirmed the latest developments.
“Minister Aaron Motsoaledi has approved the opening of borders that were
closed,” Qoza said
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.
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.
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.
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.
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.’’
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.
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:
Gave
up his or her South African citizenship, or
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)
The proposals are detailed in the party’s discussion documents ahead of
the policy conference later in the week.
Aaron Motsoaledi said the establishment of an
immigration board was high up on the list.
JOHANNESBURG – The African National Congress (ANC)’s Aaron Motsoaledi
said the party had proposed sweeping changes to key policies on immigration
laws.
The proposals are detailed in the party’s discussion documents ahead of the
policy conference later in the week.
Motsoaledi led a dialogue on migration at Luthuli House in Johannesburg
on Tuesday.
The ANC has again raised concerns about threats to domestic, regional,
and international peace and stability.
These include geopolitical tensions, climate change, cybersecurity,
inequality and migration.
The issue of migration and the country’s porous borders remains a
polarising debate.
Chairperson on the ANC subcommittee on migration Motsoaledi said the
party’s discussion documents made eight recommendations to tighten immigration
policy, especially on intelligence and law enforcement.
Motsoaledi said the establishment of an immigration board was high up on
the list: “This is not about policing. It’s about doing the correct things at
the beginning and interpreting the laws correctly.”
Other policy recommendations include reviewing and streamlining the
country’s visa system, as well as tightening citizenship laws.
Co-accused, Mozambican brothers Carlos Bernardo
Guambe, 34, and Gabriele Bernardo Guambe, 32, were arrested a month ago and are
linked to the alleged human trafficking.
Two brothers have been given three-month
sentences for contravention of the Immigration Act.
Carlos Bernardo Guambe and Gabriel Bernardo
Guambe pleaded guilty to being in the country illegally.
The two are serving their sentence as they
await their trial for their alleged involvement in human trafficking.
Two brothers who were allegedly caught trafficking Mozambicans into South
Africa in June have been sentenced to three months imprisonment for being in
the country illegally.
Carlos Bernardo Guambe, 34, and Gabriel Bernardo Guambe, both from
Mozambique, were arrested in June for a human trafficking operation at a farm
in Dullstroom, Mpumalanga, where 39 people – including seven women, nine
children under the age of five, and 23 men – were rescued.
The brothers were charged with trafficking, and were then discovered to
be in the country illegally. Additional charges of contravening the Immigration
Act were then added.
The brothers, who had previously abandoned their bail application for
the alleged involvement in the human trafficking operation, appeared in the
Belfast Magistrate’s Court on Friday.
Mpumalanga Hawks spokesperson Captain Dineo Lucy Sekgotodi said the two
were found guilty and each sentenced to three months imprisonment or a R5 000
fine.
She said they were serving their sentences alongside the 60-year-old
Cornelis Johannes Uys and his son Cornelis Johannes Albertus Uys – their
co-accused who are still awaiting their bail hearing.
While the two brothers were arrested in June, the father and son were
only arrested in the following months.
She added:
When the Uys’, who face charges of contravening the
Trafficking in Persons Act [and] participating or conspiring to trafficking in
persons, appeared before the Belfast Magistrate’s Court on Monday for bail,
they were remanded in custody and the case was postponed to 27 July 2022 for
further bail hearing.
The modus operandi
According to Sekgotodi, the 39 victims were recruited from Mozambique
and brought to South Africa in a taxi for job opportunities.
She said they had been transported from Mozambique to the South African
border in a taxi. They then had to cross a river into South Africa, and were
then taken by the taxi to Lydenburg in Mpumalanga.
Cornelis and one of the brothers allegedly met with the taxi driver and
paid him money in exchange for the victims, who were then taken to their farm
for labour, said Sekgotodi.
She said they were rescued from a farm in Dullstrom by members of the
Mbombela-based Hawks’ Serious Organised Crime Investigation, Flying Squad, and
the departments of labour and home affairs.
The Department of Employment and Labour (DEL) has published an annexure
to South Africa’s immigration regulations, making sure that all work visa
applications are vetted by the department first.
Labour and immigration experts at Cliffe
Dekker Hofmeyr said that employers must ensure that they comply
with new requirements to avoid any administrative delays in the processing of
visa applications.
The new annexure clarifies “uncertainty” about the DEL’s involvement in
the visa application process, now making it a critical step, said Cliffe Dekker
Hofmeyr.
There is now a compulsory preliminary process to be followed
before work visa applications are submitted to Visa Facilitation Services
(VFS), which was not the case prior to the annexure.
Previously, an employer was required to register a vacancy with the DEL
and had to interview all prospective candidates referred to them by the
department. Under the new annexure, visa applications to fill the position must
be submitted to the DEL for vetting.
The annexure deals with the following:
A general work visa (GWV);
A corporate visa;
The renewal of an existing visa (to a GWV);
The change of conditions or status of an
existing visa (to a GWV);
A permanent residence permit for foreigners
who receive an offer of employment while in possession of a valid work
visa.
According to Cliffe Dekker Hofmeyr, in terms of the preliminary process,
the following steps must be taken by the client employer – and not the foreign
worker – before a visa application is submitted to VFS:
The employer must register the employment
opportunity with the DEL by completing a registration form.
After completing the employment opportunity
form, the DEL will try to provide the employer with suitable candidates
for placement. The client employer is required to inform the DEL whether
any of its referred candidates have been employed.
The visa application form must be completed
and delivered to the relevant DEL provincial office, together with the
respective supporting documents. When submitting the visa application, the
client employer must also provide the DEL with its contact details and
business address for purposes of future compliance audits.
After the visa application is submitted to the
DEL, a “visa finalisation notification” will be emailed to the employer
after a recommendation certificate has been submitted by the DEL to the
Department of Home Affairs (DHA).
In terms of the annexure, the DEL’s recommendation is not appealable,
and an appeal can only be directed to the DHA, added Cliffe Dekker Hofmeyr.
Only after the employer receives the notification from the DEL it can
submit the work visa application to the DHA. The turnaround time for the DEL to
process a work visa is said to be 30 working days. However, the department
currently faces a backlog.
Zero-tolerance stance
The DHA announced at a recent Xpatweb
conference that it has the mandate to address immigration in South Africa. It
urged employers to ensure that all expatriate staff are in possession of
legally obtained and issued work visas.
The department’s approach has been necessitated by years of employers
failing to comply with the provisions of the Immigration Act through the
consistent employment of illegal foreigners without valid work visas, said
Cliffe Dekker Hofmeyr.
Under the Immigration Act, employers are prohibited from employing
illegal foreign nationals. The new zero-tolerance approach by the government
means that employers who are found to have contravened the Immigration Act will
be shown ‘no mercy’.
Cliffe Dekker Hofmeyr said that employers must make a good faith effort to ascertain
the status or citizenship of any foreigners they intend to employ, not to
contravene the Immigration Act.
This could be done by:
Verifying the validity of prospective
employees’ work visas, refugee or asylum permits through either the
Department of Home Affairs or a third-party service provider such as the
Managed Integrity Evaluation Services; or,
Conducting an immigration audit of all current
foreign employees.
An illegal foreign national under the Immigration Act is a foreigner
whose status does not authorise them to be employed by a particular employer.
Or any foreigners on terms, conditions and/or in any capacity other than the
capacity provided for based on their status, said Cliffe Dekker Hofmeyr.
If an employer is in contravention of the act, it is guilty of an
offence and liable to either a fine or imprisonment upon conviction, the firm
said.
The DHA said it is currently working its way through businesses and
arresting illegal ex-pats and relevant company representatives.
Home affairs minister Aaron Motsoaledi says that a ministerial committee
reviewing permits and visas in South Africa has uncovered deep-rooted
corruption within his department when it comes to handling certain types of
visas.
He said that insiders in the department had aided applicants in gaming
the system, and had often directly flouted the country’s laws in issuing
student and retirement visas to foreign nationals looking to enter the country.
In a column published by
the City Press, Motsoaledi said he was compelled to launch the committee and
investigation after high-profile cases involving foreign pastors showed that
they had been in South Africa on false or invalid visas.
When the investigations started, he said, certain employees within the
department pushed back and protested. This only pushed the department to dig
deeper, he said.
What the committee found was that various forms of visa fraud were
taking place, including:
Home affairs officials creating fake users on
internal systems
Deliberate interference with visa processes
and applications
IDs were stolen to access the systems
Both internal and external manipulation
of applications
Processes were circumvented or ignored to
issue visas and permits fraudulently
Motsoaledi said the fraud was particularly egregious when it came to
issuing permanent resident permits (PRPs), which were in many cases awarded
without applicants meeting the requirements. This includes the PRPs being
awarded before the five years in the country requirement was up, or spousal
approval with fake certificates.
There were also cases where previous applications had been flagged for
fraud, but then approved the second time. Instead, these cases should have been
handed over to authorities for further investigation, the minister said.
Worryingly, Motsoaledi noted that it wasn’t only department fraud that
was allowing applications to slip through but also that applicants had learned
to game the system. The minister highlighted a scheme called “forum shopping”,
where applicants juggle various visas for five years so they can stay in the
country and then apply for a PRP.
“One enters the country to visit. Suddenly, one applies for asylum or a
work visa. One then applies for a waiver of their asylum status or a change to
their work visa conditions as they have a life partner living in South Africa.
And one then applies for a PRP after the five-year period has expired,” Motsoaledi
said.
The minister also highlighted issues with applications for study visas,
where courses or colleges are vague or unidentifiable, and retirement visas,
where people are being granted access long before retirement age.
“There were instances in which applicants younger than 25 were approved
to retire in South Africa. Retirement visas were then changed to other visa
types,” he said.
The minister said that it has been recommended that an independent
multidisciplinary task team of specialists and experts be set up to fully
investigate all the anomalies, fraudulent applications, corrupt activities,
systemic irregularities, and maladministration.
“This is because, clearly, there will be a need for criminal prosecution,
departmental disciplinary action, removal of certain names from the country’s
databases, system improvement, recalling of visas and the tracing of offending
foreign nationals for deportation,” he said.
Other prominent recommendations include the review of legislation and
regulations that have gaps that enable some of these activities to occur, and
that the technology be reviewed to make it impossible for these activities to
occur.
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.
The Critical Skills Visa South Africa is for skilled workers whose
occupation is on the Critical Skills Visa List for South Africa. This list
reflects the occupations that are in demand in South Africa.
The newly published “Skills or qualifications determined to be critical
for the Republic of South Africa in relation to an application for a Critical
Skills Visa or Permanent Residence Visa”
This category of work visa may be issued to an applicant who falls within a
specific professional category or specific occupational class determined by the
Minister by notice in the Government Gazette. This is done after consultation
with the Minister of Labour and the Minister of Trade and Industry.
If an applicant falls within one of the professional categories listed on
the critical skills list and also has the appropriate post qualification
working experience in that profession then such applicant may qualify to apply
for this category of work Visa.
The applicant also needs to where applicable register with the relevant
South African professional accreditation body regulating that industry as
stipulated by Minister of Home Affairs. Such body must also confirm the
applicant’s skills, qualifications and working experience.
Furthermore, such applicant’s qualifications need to be evaluated relevant
to a South African level. An applicant for a Critical Skills Visa may enter
South Africa on such visa without having secured a job offer first. It is,
however, required of the applicant to confirm employment with the Department of
Home Affairs within a period of one (1) year upon arrival in South Africa,
failing which, the Visa would automatically lapse.
The Critical Skills Work Visa is tied to an individual and not to an
employer so under this Visa a person can leave from one employer to the next
without obtaining a new work Visa.
How can we help you
? Please email us info@samigration.com or whatsapp us on:
+27 82 373 8415,
where are you now? check out our website : www.samigration.com
Let us have your name, email address and Whatsapp Number
Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm
Whatsapp Tel No : +27 (0) 82 373 8415
Landline : +27 ( 0)
21 879 5560 – Head Office – Cape Town
Under the General
Work Visa there are very strict requirements. The South African
government, although trying to promote work and trade in South Africa,
recognize the need to give South Africans the chance to obtain employment ahead
of any foreigner.
You will have to prove that you are the only person who can fill that
position and that no other South African can play that role. This is done by
placing an advert in a national newspaper advertising the position.
A Department of Labour report would need to be obtained.
You will also need to have a job offer/contract from your future employer.
The most important part of the process is skills assessment by SAQA (South
African Qualifications Authority) in SA which evaluates your formal qualifications
and compares them to a SA qualification. This process is mandatory and for this
we would need your academic transcripts and award diplomas. Note under the
regulations provision is made for the recognition of work experience in the
absence of formal qualifications and this therefore makes provision recognition
of prior work experience (RPL).
This is a paper based system which merely compares the foreign
qualifications and arrives at an equivalent qualification in SA, and if
qualified in SA then no SAQA
needed.
Next your employer has to prove that you are the only person that can fill
the position and no other South African can fill that role. This is done by
placing an advert in a national newspaper advertising the position.
Please note the work Visa is issued in the name of the employer so the
person is tied to the employer. If they change the job they will require a new
work Visa.
There is some good news for people who are qualified through work experience
only and they can qualify if they don’t require formal qualifications, ie SAQA.
How can we help you
? Please email us info@samigration.com or whatsapp us on:
+27 82 373 8415,
where are you now? check out our website : www.samigration.com
Let us have your name, email address and Whatsapp Number
Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm
Whatsapp Tel No : +27 (0) 82 373 8415
Landline : +27 ( 0)
21 879 5560 – Head Office – Cape Town
Report points to poor resourcing of staff and technology as major
reason for Home Office struggle with asylum backlog
Home Affairs Committee: Asylum system is broken, but not due to asylum
seekers crossing the Channel
An important new report published yesterday by Parliament’s Home Affairs
Committee examines the growing trend of asylum seekers arriving in the UK after
crossing the English Channel in small boats.
Explaining the purpose of the report, the Committee said: “This
Report seeks to consider why there has been a sharp and apparently continuing
rise in the number of small boats carrying migrants to the United Kingdom
across the English Channel in the past five years. Our inquiry sought to find
out what can be done to prevent such crossings, both here and in other countries
including in particular in our nearest EU neighbours, what our obligations are
to those who seek to reach our shores, and what can be done to prevent the
illegal smuggling and trafficking of people across international borders by
criminal gangs who seek only to profit from human misery.”
As the report notes, asylum seekers arriving by boat represent only a
tiny percentage of immigration to the UK. In 2021 there were around 1,000,000
visas issued enabling extended stays in the UK compared to 28,500 people
crossing the Channel.
Despite the Government’s high-profile plans to remove asylum seekers to
Rwanda, the numbers arriving in the UK by boat continue to rise significantly.
Indeed, the Committee finds that the migration partnership with Rwanda so far shows
no evidence of deterring crossings.
The Home Affairs Committee said: “The report finds that efforts by
the Government to find a single, low-cost, solution to close off this route of
entry are unrealistic and will not succeed. Threats of being put on a flight to
Rwanda with no chance of return to the UK have so far failed to stop people
making the extremely dangerous journey across the Channel. Their motivations,
and their understanding of what will happen when they arrive in the UK, are
also poorly understood and insufficient to inform good policy.”
Importantly, the Committee says in the report that while they agree with
the Home Secretary that the asylum system is broken, it was not asylum seekers
crossing the Channel who broke it. The Committee points to the fact that the
Home Office’s increasing struggle to cope with the backlog in asylum cases
comes despite the relatively low growth in the overall number of claims.
The report explains: “The number of asylum applications to the UK
remained fairly consistent between 2015 and 2020. Following 35,737 applications
in 2019 numbers fell during the early months of the pandemic before rising to
48,540 applications in 2021. While this is the highest annual number since
2003, the figure for 2021 remains significantly below the previous peak, of
84,132 applications, which occurred in 2002. Increasing pressures on the asylum
system are not therefore a direct consequence of increasing demand: rather,
they relate to the processing of applications within the UK as Home Office
asylum caseload.”
The report continues to further explain: “On 2 February 2022 the
Home Secretary told us that the asylum system was collapsing, which she
attributed to ‘the various strains, abuses, sheer numbers coming to this
country’. This assessment overlooks the fact that, even after the sharp
increase in Channel crossings in 2021, the numbers seeking asylum in the UK in
2021 were just over half the number who applied in 2002. Government data shows
that the number of asylum cases in Home Office ‘work in progress’ has doubled
since 2014. At 30 June 2018—the last data point before Home Secretary Sajid
Javid declared 221 migrants crossing the Channel a major incident in December
2018—there were already 88,848 cases in the system.”
According to the Home Affairs Committee, a significant factor in the
‘collapse’ is poor resourcing of staff and technology in the Asylum Operations
function in the Home Office.
“When decision makers are forced to manage their workflow using
spreadsheets wholly inadequate for the size and complexity of the data, it is
not surprising that errors occur and that data is lost. Nor is it surprising
that it becomes difficult to retain demoralised staff or that the average time
to resolve a single claim is now more than 14 months. It is not surprising
that, given all these circumstances, the caseload keeps getting bigger,”
the report states.
The Home Affairs Committee says addressing the backlog must be the Home
Office’s highest priority within asylum operations.
On the issue of Channel crossings, the Committee calls for increased
cooperation with France, including exploring setting up UK asylum processing
facilities in France, and an increase in safe and legal routes for refugees to
come to the UK.
In concluding, the report Home Affairs Committee says in its report:
“We recognise that this crisis has been building over many years. But this
Government’s response, characterised first by inattention and then by poor
decision-making, has exacerbated these problems and undermined public confidence
in the asylum system and in the management of the border. The issue has not
been helped by the perceived reluctance of the French Government to find a
solution and work much more cooperatively with UK authorities in intercepting
migrants before they reach British territorial waters.
“We urge the Government to show leadership through redoubling
efforts to engage and co-operate with international partners. The provision of
safe and legal routes to the UK should be a key part of the Government’s strategy
to counter the criminal trade, and this has not yet received the attention it
deserves. The Government risks undermining its own ambitions and the UK’s
international standing if it cannot demonstrate that proposed policies such as
pushbacks, now abandoned, and offshore processing, such as the Rwanda
partnership now being legally challenged, are compatible with international law
and conventions.”
Diana Johnson MP, the Chair of the Home Affairs Committee, said:
“It is clear that the asylum system is broken, but it is not those making
Channel crossings who broke it. Policy development in this area has moved away
from evidence-based, tested and cost-effective solutions reacting to the
changing demands placed on it. Instead, we have a search for radical new policies
that might make good headlines but do little to stem the flow of people
prepared to put their lives at risk to reach the UK by any means necessary. …
The UK needs an asylum system that deals with reality. It must be fair,
efficient and acknowledge the UK’s international obligations. It should work to
remove obstacles for those likely to have a valid claim to come to the UK,
whilst working with international partners to combat the criminal gangs
facilitating illegal entry. Meeting this challenge will require careful
planning and detailed understanding of the problems it seeks to solve. There is
no quick-fix solution.”
The Home Affairs Department will outsource aspects of its visa services
as it anticipates an explosion in the number of
applications following the re-opening of international borders.
But the department insists staffing numbers, both overseas and in
Australia, will not be impacted.
The federal government is facing increasing pressure to solve the
growing visa backlog, which is tipped to soon surpass a million, as skill and
labour shortages surface across critical sectors.
It comes as more than 350,000 visa applications were lodged in February
and March alone, representing a significant jump compared with the previous
calendar year.
Biometric information, such as fingerprints and facial images, for
Australian visa applications will be collected by
the successful private company, government tender documents issued
last week reveal.
Visa applicants will need to attend the overseas processing centres to
have their biometric information collected and matched against the applicant
before it is sent to the Home Affairs Department for decision-making.
The department said it averaged around 27,000 visa applications a month
during the 2021 calendar year.
But the figure had jumped up to 137,144 and 225,514 applications in
February and March of this year alone.
In order to manage the significant increase
in demand without exponentially increasing costs,
the department was looking to private providers.
“The COVID-19 pandemic has impacted on departmental programs and
resulted in significantly reduced demand for visas,” the tender documents
read.
“Economic recovery, however, will be characterised by increasing
delivery pressures, evolving threats of growing complexity, and traveller
expectations for more efficient and digitally-enabled services.”
Home Affairs staff will continue to perform sovereign functions, such as
maintaining decision-making over applications, the documents state.
The changes are expected to begin in March next year, according to the
department’s draft timeframe, and “other
services” usually performed by department staff, such as remote
interviews and claim checking, are within scope as required.
It will replace the paper-based system to align with traveller
expectations for “more efficient and digitally-enabled services”.
A spokesperson for Home Affairs said private companies had been used to
deliver visa services for the past two decades, with former providers primarily
collecting the biometric information in paper form.
“This procurement is to retest the market for services used by the
department in its various forms for the past 20 years,” a spokesperson
said.
“The … request for tender will have no impact on departmental
staffing numbers overseas or in Australia.
Massive bungle has not only cost government, it also compromises
citizens’ documentation, police work.
The department of home affairs has spent millions of taxpayers’ money on
a contract to upgrade its population register system, but years later, the work
has still not been done.
The department paid the company EOH Holdings close to R300 million in
2017 to upgrade the Home Affairs National Information System (Hanis) to the
Automated Biometric Identification System (ABIS), but nothing was done.
After EOH failed to upgrade the system, the department paid another
company, Idemia, which was initially subcontracted by EOH, more than R150
million to do the work, but the company also failed to do the job.
City Press has learnt that apart from paying for the system upgrade, the
department spent more than R200 million on hardware and software, whose warrantee
and licence was allegedly expiring in few weeks’ time, while it gathers dust.
Unlawful Scheme
Yesterday, the department told City Press that when the State
Information Technology Agency (SITA) awarded EOH the contract, the department
had no reason to think or suspect that the company may not have capacity to
deliver on this contract.
“During the course of the forensic investigation, EOH announced that it
was pulling out of all the contracts it had with the state, including this one.
Because a lot of time was already lost, the department accepted the ceding of
the contract to Idemia so that we don’t start from scratch because the system
is urgently needed,” the department said.
It also confirmed paying R280 million.
“We deny that we paid between R300 million and R400 million. The
contract, as awarded by the SITA, was worth R409 million. At the time EOH moved
out of the contract, they had already purchased hardware for R113 383 482.12;
software for R110 972 282.72; and also provided services worth R56 521 710.91.
As you can see, the total is R280 877 475.75. This is what we paid for.”
The lucrative contract was awarded to EOH in 2017 by the department and
the SITA, which procures ICT products and services for government departments.
This after the company beat its competitors in a bidding process described as
“corruption infested”. After several complaints about the tender, the
department appointed a forensic auditing firm –Nexia SAB&T – to investigate
the matter in 2019. Nexia SAB&T discovered that EOH and the SITA’s
officials had allegedly engineered an unlawful scheme to make sure the
politically connected company landed the lucrative contract.
The department yesterday confirmed the investigation.
“Because this is an IT function, in terms of the law, the department had
to acquire such a service provider through the SITA. The SITA did that but
unfortunately when the Auditor- General audited the SITA, it queried the manner
in which the tender was awarded,” the statement said.
“Because the money to pay for this tender will come from the department,
the Auditor-General instructed the department to conduct a forensic
investigation.”
Responding to City Press, EOH blamed department for its failure to do
the work, saying it failed to provide the company with key infrastructure and
data.
Fatima Newman, Group Chief Risk Officer: EOH, said the services in
question constituted the provision of both hardware and software components for
the project. The deliverables and payment of fees was milestone-based, payable
only against the supply of equipment and certain goals having been achieved.
In order to deliver on the project, the department
had to provide to EOH certain critical infrastructure [data centres and communications
infrastructure], access to government systems [interfaces] and also the data
which had to be migrated from the old system on to the new system.
“These were either delayed or improperly delivered, or not delivered at
all. The causes of the delay are the subject matter of arbitration proceedings
between EOH and the department,” Newman said.
Motsoaledi Angered
Insiders told City Press that Home Affairs Minister Aaron Motsoaledi met
with senior officials in the department and was angry that the matter had not
been resolved, and because the department was facing litigation from EOH and
NEC XON, one of the companies that lost the tender bid, over the issue.
NEC XON took the matter to court, challenging the ceding of the contract
by EOH to Idemia.
“He [Motsoaledi] accused the officials of dragging their feet in
pursuing the matter. The minister also instructed the legal department and the
heads of departments who were dealing with the matter to recover the money paid
to both EOH and Idemia,” said the source.
However, the department denied the minister’s encounter with officials.
We strongly deny this. The minister regularly
demands updates from the executive committee on this project because he wants
the department to move to the ABIS sooner rather than later.
Mess-up affects police’s fight
In the court papers seen by City Press, NEC XON cites Motsoaledi as the
first respondent and the department as the second respondent. The three
implicated companies are cited as respondents eight, nine and 10, respectively.
EOH, a JSE-listed group, was supposed to have upgraded the department’s
current system and Hanis, which only records photos and fingerprints of South
African identity document holders, to the ABIS. This would provide a single
source of identification for citizens across state institutions and private
sector entities. It was also supposed to allow the police to check the
fingerprints of suspected criminals.
In terms of the agreement it signed with the department, EOH was
supposed to have completed the work in November 2018.
The company subcontracted a French-owned company, Idemia, to implement
the project, allegedly because it did not have the capacity and technical
erudition to implement it.
According to sources, the company missed the deadline, disadvantaging
citizens and disabling the SA Police Service, which paid part of the contract,
from effectively fighting crime in South Africa.
After EOH was implicated in the much-publicised allegations of
corruption, the company’s new CEO, Stephen van Coller, who was appointed to
clean up the legacy and remnants of corruption that plagued it, pulled out of
the contract in 2020 and ceded it to Idemia, which gloatingly parades itself as
a global leader in augmented identity.
Newman said the reason Van Coller wanted out of the agreement was
because “the situation of impossibility” which had arisen by late 2020 or early
last year was such that it could not be resolved.
“EOH did not want to stand in the way of a resolution and agreed to an
assignment [cession] of the master service agreement by the department to
Idemia in April last year,” said Newman.
She said the department and EOH were currently going through arbitration
regarding their historical disputes.
The SITA flagged the contract for violating procurement laws when it was
ceded from EOH to Idemia with the consent of the department.
“What is funny and ironic about the cession of this contract to Idemia
is that it is the very same company that failed to implement this contract. We
were all shocked [by that decision],” said the source, who did not want to be
named for fear of victimisation.
DEADLINES CAME AND WENT
The department, said the source, then entered into a R150 million
contract with Idemia in April last year. The company was given six months to
complete the project.
The company failed to complete the upgrade on time and asked for the
extension until October.
“October came and is gone. They then asked for an extension to November.
“It came and is gone. They asked for an extension to December, it came and
is gone. They then asked for January extension, it came and is gone. When NEC
XON threatened to take them to court because of the difficult position the SAPS
found itself in, they then promised that the contract would be completed, but
six months later, there is no system upgraded,” said the source.
Aloma Swanepoel, of Ginjaninja PR, who responded to City Press on behalf
of Idemia, said the company did not comment on its contracts. He referred all
enquiries to the department of home affairs.
The source said Motsoaledi also expressed concerns about Idemia’s
failure to meet the deadline. It is alleged that some officials suggested that
the department should penalise EOH and Idemia for failing to meet the deadline
and also recover the money it paid to EOH.
But EOH has already beaten them to the game by approaching the courts in
a bid to be released from the agreement. It is also demanding the balance of
R128 million with interest, as per the original contract.
Newman said EOH had successfully delivered 51 of the 60 contracted
milestones for phase 1 of the project, which had been signed off and accepted
by the department. “EOH only received R282 million [including VAT] in payment
for services rendered,” she said.
Newman said the agreed fee for the entire project was about R410
million, which had not been paid in full. She said EOH had only been paid for
certified deliverables.
The Constitutional Court yesterday handed down
judgment in a case launched by Lawyers for Human Rights in 2016, but which
started with negotiations with the Department of Home Affairs as far back as
2013. The applicants ask for one simple thing: dignity. Dignity, in this case,
comes in the form of citizenship – the vessel for membership, belonging, safety
and security in a world based on States.
The 5 applicants in Chisuse and Others v Director General, Department
of Home Affairs and Another [2020] were each born to a South African
citizen parent, outside of the Republic of South Africa. Each applicant returned
to South Africa at some point after their birth. Often, they returned to be
with family, some were returned as children (without their parents) to stay
with South African grandparents, some returned because it became apparent that
they were not citizens of the country of their birth. The result was the same,
they were living in South Africa, the country they are linked to by blood,
without recognition of citizenship and without the option of citizenship
anywhere else. They were made stateless in the country of their ancestors.
The applicants, represented by the Lawyers for Human Rights (LHR)
Statelessness Project, argued that the South African Citizenship Act must be
unconstitutional if it excludes them from South African citizenship. The High
Court agreed and made an order in 2018 declaring the applicants to be South
African citizens and ordering the Department of Home Affairs to issue them with
ID documents and birth certificates. The order of constitutional invalidity had
to be confirmed by the Constitutional Court and was vehemently opposed by the
Department until the bitter end. This despite at least two applicants being
able to provide DNA evidence of their link to a South African parent. Two other
applicants had government issued proof of their link to South African parents.
In a unanimous judgment, penned by Khampepe J, the court vindicated the
applicants and said:
“Citizenship and equality of citizenship is therefore a matter of considerable
importance in South Africa, particularly bearing in mind the abhorrent history
of citizenship deprivation suffered by many in South Africa over the last
hundred and more years. Citizenship is not just a legal status. It goes to the
core of a person’s identity, their sense of belonging in a community and, where
xenophobia is a lived reality, to their security of person.”
The Court upheld the applicants’ pre-existing right to citizenship in
terms of the Citizenship Act. Instead of finding that the Act is
unconstitutional, it followed the established principles of interpretation and
found that the Act is capable of an interpretation which honours the spirit of
the Constitution. The Court found that the applicants and those similarly
placed (persons who are born to South African citizens abroad at any point
before or after 2013) fall under section 2(1)(b) of the Citizenship Act and are
therefore citizens by birth.
“Access to citizenship is not only at the core of a person’s dignity, it
is crucial to the achievement of our Constitutional aims which includes
recognising the injustices of our past and healing those divisions to create a
united and democratic South Africa while freeing the potential of every person”
said Liesl Muller, attorney for the applicants.
Our clients expressed overwhelming relief and hope when the
Constitutional Court saw them and called them each by name, declaring them to
be South African citizens. It may have been a 7-year legal battle, but for
these South Africans it has been a life-long struggl
Two-year-old Zimbabwean boy died after state hospital denied him
treatment because his mother had no birth certificate
SECTION27, a public interest law organisation, has launched an
application in the Gauteng High Court to scrap discriminatory practices that
deny immigrant women and their children state health care.
An affidavit in the case describes specific cases where children have
been denied treatment.
SECTION27 says there is no coherent approach between facilities and even
within hospitals treatment depends on having luck with the official on duty.
The rights of immigrant and undocumented women and children to access
free healthcare in South Africa will be put to the test in a court challenge launched
by SECTION27 in the Gauteng High Court in Johannesburg.
In December 2019, two-year-old Sibusiso Ncube died of poisoning after he
was refused treatment at Charlotte Maxeke Hospital because his Zimbabwean
mother could not instantly produce his birth certificate or pay R5,000, says an
affidavit in the court case.
This was not an isolated incident according to Umunyana Rugege,
executive director of SECTION27.
“Since 2013, SECTION27 has been repeatedly approached by pregnant
migrant women and children under six, who have been denied access to free
health services. This is perpetuated through discriminatory subordinate laws
and practices,” Rugege says in her affidavit.
“They have routinely been denied access to the health care
services, or they are pressured into signing acknowledgements of debt and
undertakings to pay for services.”
SECTION27 wants all the relevant ordinances and regulations scrapped. It
also seeks an an order that the Minister of Health issue a circular to all
provincial health departments recording that all pregnant or lactating women,
and children under six, who are not members of medical aid schemes and who have
not come to South Africa to obtain health care, be entitled to free health
services at any public health establishment, irrespective of their nationality
and documentation status.
Rugege says that while the National Health Act does not place any
limitation on the right to free health services, there are a range of
subordinate laws and practices implemented at hospitals that impose conditions
requiring proof of nationality and financial means.
“These laws and practices are unlawful,” she says.
Rugege cited other examples, such as a pregnant asylum seeker who was
denied treatment after she was injured in a robbery. She was told she had to
pay R2,000 before a “file could be opened” at Steve Biko Academic
Hospital.
Two months later, when she was eight-months pregnant and went to
Charlotte Maxeke, she was told she had to pay R20,000 if she wanted treatment
and give birth at the hospital. Only after SECTION27 intervened, was she given
an appointment, but the night before it she lost her baby.
Another Zimbabwean woman whose child needed emergency surgery was forced
to sign an admission of debt for more than R34,000 at the same hospital. Then
when he needed further surgery, it was denied because of the outstanding debt.
The woman was further told that she would have to pay R5,000 for admission and
R50,000 for the second surgery.
Again SECTION27 intervened. But in March, when the mother took him back
for a check-up, a nurse addressed everyone in the queue and told them that
foreign nationals would not be attended to if they did not have money to pay.
The mother, and others, left without being seen.
The application is supported by the Jesuit Refugee Service, The Southern
African HIV Clinicians Society, and Doctors Without Borders; all are expected
to file affidavits soon. Rugege says these will highlight discriminatory
institutional policies and systematic xenophobic practices and attitudes that
have “detrimental and sometimes fatal consequences”.
“There is simply no coherent approach at different public health
establishments … even within a single establishment, different officials
treat patients differently,” she said. Access to health care depends on
who is on duty that day. On “lucky days” people will gain access
without any trouble.
The respondents — the MEC and Gauteng health department head, the
Minister and Director-General of Health — have 15 days to file notices of
opposition.
Canada is currently reportedly experiencing labour shortage and needs
over a million vacancies to be filled.
According to a report by Statistics Canada published on Jul 20,
immigrants have been the driving force
behind the country’s labour supply for many years, and in the 2010s, over
four-fifths of the growth in labour force came from immigration.
“Immigration has always been the driving force behind Canada’s labour
supply. But with job vacancies in late 2021 80% higher than before the COVID-19 pandemic and the working age
population aging, high levels of immigration will be even more critical to the
labour market,” the report reads.
The report, however, noted that “a modest, sustained increase in
immigration levels will not fully offset the longer-term impacts of an aging
population”, but will be critical for reducing the aging effects on the labour
market over time.
“After the interruption caused by the pandemic in 2020, 405,800
immigrants were admitted in 2021, the highest level in the history,” the report
reads.
Meanwhile, the development comes shortly after Canada reportedly hit a
record high on number of available job vacancies.
As of March 2022, more than one million vacant job positions were available to be filled
as businesses begin to recover from the COVID pandemic.
“Across all sectors, Canadian employers were actively seeking to fill
more than one million (1,012,900) vacant positions at the beginning of March
2022, a record high,” the reloet reads.
“Vacancies increased by 22.6% (+186,400) in the month and were up 60.5%
(+382,000) from March 2021 (not seasonally adjusted).”
IMPROVEMENT IN LABOUR MARKET PARTLY OWING TO IMMIGRANTS
As contained in the June 22 report, the increase in economic principal
applicants who arrived the country was a result of the expansion of provincial
programmes that relied more on temporary foreign workers (TFW) and the
introduction of the Canadian experience class.
It said temporary foreign workers accounted for “a rising share of the
employed labour force”.
“The increased reliance on TFWs tended to improve the economic outcomes
of immigrants,” the report reads.
“The labour market outcomes of recent immigrants improved substantially
in the years leading up to the pandemic.
“TFWs and international students, both of whom are transitioning to
permanent residency in greater numbers, have become increasingly important
sources of labour supply.
“While economic outcomes of recent immigrants have improved, substantial
challenges related to their skill utilization continue to persist. Addressing
these challenges will be key to improving social and economic mobility among
newcomers while enhancing the skills and competitiveness of our workforce.”
In February,
Canada, under its Immigration Levels Plan 2022-2024, announced that it aimed to
welcome 431,645 new permanent residents in 2022.
The Western Cape High Court recently dealt with a case of hiring
foreign workers in South Africa, and whether an employer’s intention to employ
foreign nationals rather than South African citizens or permanent residents
could constitute unfair discrimination.
The case centred around Mukuru, a financial services provider that uses
mobile technology to transfer money across Africa and Asian countries, says
Jacqui Reed, a senior associate at law firm Herbert Smith Freehills.
“The group applied for a corporate visa that would permit them to employ
foreign nationals. To obtain such a certificate, it was necessary for Mukuru to
obtain a certificate from the Department of Employment and Labour (DEL).
“To obtain the certificate, Mukuru needed to have shown that despite
conducting a diligent search to find suitable employees that were either South
African citizens or permanent residency holders, it was not able to do so.”
The department subsequently refused to issue the certificate because it
was not satisfied with Mukuru’s attempts to employ South Africans which prompted
Mukuru to take this decision on review.
However, the High Court was not persuaded by Mukuru’s explanation for
why it could not employ South Africans and found that South Africans were
unfairly excluded from employment opportunities which constituted unfair
discrimination on various constitutional grounds.
Reed noted that the ruling is important – especially when considering
whether passing over South Africans for employment is discriminatory.
“Whilst this decision did not emanate from a South African alleging that
there was unfair discrimination by an employer who employed a foreign national
as opposed to the South African citizen, it does highlight that there may be
circumstances under which the employment of a foreign national rather than a
South African may constitute unfair discrimination,” she said.
“It is evident from this decision that South African employers will need
to justify the employment of foreign nationals in favour of South Africans.
Whether an employer can do so, will depend on the facts of each case.”
By: Charlotte Wills, Kate Hooper,
Policy Analyst at Migration Policy Institute and Meghan Benton, Director,
International Program at Migration Policy Institute
Remote work is not a new phenomenon, but the COVID-19 pandemic
accelerated the pace at which employers have remote and hybrid working schemes.
Increasingly, workers expect more flexible remote work policies, supported by
the many months spent successfully carrying out their jobs in periods of
lockdown and adoption of technology that make remote collaboration more
seamless. But the widespread adoption of remote work has brought many
headaches, especially as relates to working in a different country, since immigration
policies were not designed for an era of remote work.
Adapting to remote work
Some companies have embraced this shift, especially in industries such
as tech where remote work was already commonplace before the pandemic, and other
industries such as financial services where many duties can be performed
remotely (unlike, for example, healthcare, logistics, or hospitality). Remote
working arrangements can range widely, from occasionally allowing employees to
work from home within the same country, to permitting them to work from a
different country for a certain number of days per year, to working with
contractors and freelancers in other countries. Some employers have also made
use of “parking,” whereby employees are sent to a third country where they have
the right to work (or where visas are easy to attain) while they await
backlogged visa processing in the country where a company is headquartered.
This period of innovation also revealed the shortcomings of immigration
policies and related tax, social security, and employment systems to
accommodate remote work arrangements. For example, the rules around remote work
on a visitor visa are often unclear, while foreign workers admitted to a
destination country may run into issues renewing or applying for a new visa if
their employer adopts full-time remote work policies. In turn, the resources
required to navigate local rules and obligations for digital nomads may deter
employers from offering more flexible remote work policies.
These themes are recognized and analyzed in
a new report by the Migration Policy Institute, which
addresses how failing to adapt to the concept of remote work in immigration
policies is a missed opportunity.
The past three years have already seen policy innovations in this area.
More than 25 countries and territories have launched digital nomad visas that
admit foreign nationals who work for an employer outside the country, or in
some cases are self-employed – especially in areas where economies have historically
been reliant on tourism. The opportunity to spend time working on the beach in
the Bahamas or Barbados has certainly been tempting for some.
But to truly reap the benefits of remote work, governments must
understand the opportunities that lay beyond generating revenue from digital
nomad visa programs, in making a country an attractive environment for
temporary visitors, business activity and job creation. More flexible remote
work policies can align with broader priorities including promoting economic development
across regions, widening talent pools and even allowing people displaced by
conflict or environmental disaster to earn incomes.
Looking ahead
There is no one answer for what this looks like. Creating flexible
immigration policies that permit a greater degree of remote work in line with
national economic priorities is a good starting point. Immigration is of course
only one piece of this complex puzzle, with implications from tax and social
security through to employee benefits, labour laws and cyber security. The
report calls for governments to coordinate across portfolios to develop a
remote work strategy that integrates immigration priorities with economic
development and inclusive growth objectives.
One option is to introduce a standalone route for digital nomads – but
alternatively, governments could also consider clarifying the rules around
remote work on a visitor visa and allowing some amount of remote work under
certain conditions. Not only would this regularize a practice that may in reality
happen anyway, but it could help boost tourism expenditures by encouraging
people to extend their vacations to include a few days of remote work, for
example. Alternatively, companies could take a more permissive and clear
approach allowing occasional remote work by foreign nationals admitted to a
country on an employment-based visa, in line with fast-changing norms around
remote work.
Longer term, it is clear is that a more engaged approach to these issues
with relevant adaptations to immigration systems globally can help foster a
more attractive and complaint environment for employers, workers, and visitors
as remote work continues to become more mainstream.
Until a time of more positive engagement and recognition by policymakers
comes, employers can seek advice on any policies they have in place or may be
considering implementing, ensuring the flexibility they want to offer does not
expose them to increased compliance risks in immigration and beyond.
Understanding which jurisdictions do permit remote work and under what
arrangements can help support your strategy
The Russian government has implemented the law allowing foreign information technology
specialists employed in Russia by accredited information technology companies
(except for residents in certain economic zones) to work without work permits
and to obtain permanent residence permits without having a temporary residence
permit for one year.
Cape Town and its surrounds have been shining in the global spotlight
recently. From two of our restaurants
classed with the world’s culinary’s finest, to two of
our most scenic hotels ranked as the best on the continent and not
to mention our small towns that have millionaires
from all around the world flocking in their direction. It’s safe to
say that our part of the world is feeling the love.
Adding to the Mother City’s list of accolades is another crowning that
perfectly packages all of the above. Recently, Cape Town was voted as one of
the best cities in the world.
The 53 best cities in the world list for 2022 is compiled by London
publication Time Out. Taking to
quiz thousands of city-slickers, Time Out wanted to
know what life was currently like in cities around the world. From
the theatres and galleries to the restaurant and nightlife scenes, “the idea is
to create a global snapshot of city living, and point people in the direction
of the places locals are really raving about,” said Time Out.
“We’ve highlighted places that aren’t boring or overly expensive or
overrated,” it added before explaining that beyond the cities’ best attributes,
practical factors like public transport and sustainability were also added into
the mix to determine which cities would make the world’s best list.
The editors also banded together to share their inside scoops on what
the it factors are for each of the cities.
Perched on the list’s 11th spot is Cape Town. Time Out describes Cape
Town’s it factors as being one of the best cities in the world for
outdoor adventures, an oasis of beauty (a common description by locals at 93
percent) a place of theatre nurturing and a hub of different activities. 87
percent said that Cape Town offers the kind of environment where relaxation is
made easy, and 93 percent rated Cape Town highly for the versatility of things
to do.
Other big cities that graced the list were Edinburgh, Chicago, Medellín,
Amsterdam, Marrakech London, New York and many
more.
The locals have spoken, as have true words. So, where does one start on
enjoying Cape Town’s magic, based on these factors?
Outdoor adventures
Hiking: The best way to see the city’s beauty
is to climb to the most epic views. Try an
easy hike, a unique excursion like
Elephant’s Eye, or one of our
waterfall hike adventures to get into one of the city’s
best-loved activities.
Water activities: It may be winter, but there
are still dime-a-dozen ways to enjoy our water wonders, from water bikes
to kayaking featuring dolphins. Need more ideas? We’ve got the goods with
our water-based activities list.
Beaches and tidal pools: Ocean lovers’ will
hardly be in shortage of a new seascape to explore. Check out our ultimate guide to tidal pools and which beaches to try.
The outdoors featuring a glass of wine: There
are many ways to enjoy a glass of vino and the beauty of our vineyards,
including e-biking adventures the famous Franschhoek wine tram and more.
Appreciating the beauty of it all
Sunset spots: When it comes to some of the
most beautiful sights to see in Cape Town kicking off with a sunset
session will have your camera roll waning and your eyes widening with
wonder. Where to start?
Most photogenic spots: Cape Town loves the
camera, and if you’re ready to get snapping,
Art in the city: We’re spoilt for choice when it
comes to art galleries in Cape Town. Get your
gallery on or roam the streets in search of epic street art. We guarantee your world
will be far more colourful.
Travel through the senses: Cape Town can be
appreciated in every sense. Try hearing your
way through Cape Town and listening to its magic.
South Africa encourages permanent residency if you are serious about
staying in South Africa on a long terms permanent basis there are many
categories you can apply under.
Hold a General Work Visa for
five years and have a permanent job offer.
Hold a Relative’s Visa
sponsored by an immediate family member.
Hold a Critical Skills Visa
and have 5 years relevant work experience.
Be in a proven life partner
relationship for five years
Be married to an SA Spouse
for at least five years.
Have held Refugee Asylum
Status for five years.
Hold a Business Visa.
Receive a monthly income of
R37,000 through Pension or Retirement Annuity
Have a net asset worth of
R12m and payment to Home Affairs of R120,000
Cape Town has been identified by Airbnb as one of the world’s most
remote worker-friendly destinations and has entered into a new partnership deal
with the accommodation-sharing service.
The Mother City is one of 20 destinations around the world that has entered
into the partnership which aims to make it easier to live and work anywhere,
according to Business Tech. The deal is
part of Airbnb’s ‘live and work anywhere initiative’ and supports governments
in helping to revive tourism and provide economic support to communities after
two-plus years of COVID-19 travel restrictions. This initiative was introduced earlier this year in April.
The 20 destinations Airbnb will spotlight include:
Baja California Sur, Mexico
Bali, Indonesia
Brindisi, Puglia, Italy
Buenos Aires, Argentina
Caribbean
Canary Islands, Spain
Cape Town, South Africa
Colombia
Dubai, United Arab Emirates
Friuli-Venezia Giulia, Italy
Lisbon, Portugal
Malta
Mexico City, Mexico
Palm Springs, California, USA
Queensland, Australia
Rural France
Salzkammergut, Austria
Tampa Bay, Florida, USA
Thailand
Tulsa, Oklahoma, USA
As part of Airbnb’s partnership with Cape Town, the company will work
closely with Cape Town Tourism in “building a dedicated custom-built hub for
Cape Town that will showcase top local long-term stay listings as well as
important information relating to entry requirements and visa policies to
attract remote workers” and other iniatives.
The Cape Town hub will also hold educational campaigns that will promote
responsible hosting and travelling as a remote worker. The Cape Town hub is set
to launch later this year.
As per Bizcommunity, Cape Town
Tourism’s chief marketing officer, Leigh Dawber, says: “We are incredibly proud
to be profiled by Airbnb as one of the world’s best cities for remote working.
Cape Town offers an unparalleled experience as an inclusive, hospitable African
city in the heart of nature. The work-life balance that our city offers is
truly unique.
“You can work while looking up at Table Mountain, one of the 7th Natural
Wonders of the World, and down at a beautiful sea view of one of our three blue
flag coastlines, all at the same time. Being recognised as a World Design
Capital and a leading African City for innovation, we welcome business
travellers to visit Cape Town to be inspired and get the best of both worlds.”
Not only will Cape Town be promoted as a prime destination for remote
workers, but Cape Town and other tourism destinations in South Africa are
also set to benefit from the introduction of a ‘Remote Working Visa’ for South
Africa. The visa is aimed at attracting ‘digital nomads’ – people who will live
in and work remotely from cities such as Cape Town.
Digital nomad visas are travel permits that legally allow travelling
professionals to enter certain countries while working remotely. Unlike most
tourist visas, digital nomad visas allow for longer stays. They are also easier
to obtain and don’t require a work contract and other documentation.
As part of the ‘live and work anywhere initiative’, Airbnb partners with
governments and Destination Marketing Organizations (DMO) to specifically
support efforts to bring remote workers to their communities. Dozens of
destinations around the world already have policies in place to allow
foreigners to work remotely with ease, and South Africans will benefit from
these changes by being eligible for newly introduced remote working visas to
these destinations.
The city’s mayoral committee member for Economic Opportunities and Asset
Management, Alderman James Vos, said with people working from home during the
pandemic, the digital nomads concept has become a much-needed escape and great
opportunity to take work on a holiday.
“We are seeing innovation within the tourism sector to accommodate the
changed behaviour of remote working by offering affordable long-term stays,
including other benefits required to work remotely and we will expand this
message through the broad range of products and businesses who can use a leg up
in this challenging time.
“An abundance of natural beauty and wide-open spaces makes Cape Town an
ideal location to live and work with solid fibre infrastructure and top-class
hospitality services and products,” he said.
Henley & Partners has published its latest global mobility index for
2022, outlining the countries that South Africans can travel to visa-free right
now – and how the pandemic continues to impact international travel.
Japan holds the number one spot on the index — the original ranking of
all the world’s passports according to the number of destinations their holders
can access without a prior visa — with a record-high visa-free or
visa-on-arrival score of 193, while Singapore and South Korea come in
joint-second place, with a score of 192.
EU member states dominate the rest of the top ten spots on the latest
ranking, with Germany and Spain in joint-third place, with access to 190
destinations visa-free. Finland, Italy, and Luxembourg follow closely behind in
joint-fourth place with 189 destinations, and Denmark, Netherlands, and Sweden
share fifth place with their passport holders able to travel to 188
destinations worldwide without a visa.
Both the UK and US have dropped down a rank, to sixth and seventh place
respectively, and Afghanistan remains at the bottom of the index, with its
nationals only able to access 27 destinations worldwide visa-free.
As US travel chaos begins to ease following the Fourth of July holiday
weekend, strikes and staff shortages are forcing airlines across Europe to
cancel thousands of flights, causing hours-long queues at major airports.
Heathrow Airport has even told airlines to stop selling summer tickets
as the UK’s biggest airport struggles to cope with the rebound in air travel.
Dr Christian H. Kaelin, chairman of Henley & Partners saidthe recent surge
in demand is hardly surprising.
“The latest results from the Henley Passport Index are a heartening
reminder of the very human desire for global connectivity even as some
countries move toward isolationism and autarky. The shock of the pandemic was
unlike anything seen in our lifetimes, and the recovery and reclamation of our
travel freedoms, and our innate instinct to move and migrate will take time.”
South Africa
The index shows that South Africa has slipped down four places in the
rankings to 55th position. At the mid-point of 2022, South African passport
holders are able to access 105 destinations without obtaining a prior visa.
On a positive note, South Africa faces far fewer Covid-19-related travel
restrictions compared to the start of the year when several countries moved to
place restrictions on South Africa following the discovery of the Omicron
variant at the end of November.
A mapping tool
developed by travel website Skyscanner shows that as of 19 July , South Africa
has 29 ‘major restrictions’ in place from other countries. This is down from
around 60 significant restrictions in mid-2021. These countries have suspended
travel, may be closed to entry, or entry may only be possible if you are a
citizen/meet strict entrance requirements.
Below are the 105 countries South Africans can travel to visa-free
according to the latest Henley & Partners report.
The government is adopting a zero-tolerance stance on the hiring of
illegal foreign workers in South Africa, says Ben Makhalemele, deputy director of
corporate accounts at the Department of Home Affairs.
Makhalemele, who was speaking at Xpatweb’s recent global mobility
conference in Johannesburg, said that his department has developed a clear
mandate on addressing immigration in South Africa.
This includes:
Facilitating and regulating the secure
movement of people through the ports of entry into and out of the Republic
of South Africa;
Confirming and providing enabling documents to
foreign visitors legally residing within South Africa;
Enforcing immigration legislation and effect
deportations;
Determining the status of asylum seekers and
regulate refugee affairs; and
Contributing towards realising a positive
skills migration trend into South Africa.
Makhalemele said that the department is ‘well aware’ of the volume of
foreigners who are residing in our country illegally, with either fraudulent
paperwork or no status whatsoever.
He implored all employers to ensure that all of their expatriate staff
are in possession of legally obtained and issued work visas.
He explained that the department is taking a ‘no-mercy’ stance and
cautioned all employers that, should they be found to have illegal expats, they
will be fined, and both the owner/chief executive of the company as well as the
Head of HR of the company may face criminal charges and imprisonment.
He explained that they are currently working their way through
businesses and arresting both the illegal expats, as well as the relevant
company representatives; he confirmed that he has personally been part of this
operation.
Quota system
Makhalemele’s comments come as the Department of Employment and Labour
finalises two new documents which will tighten employment laws, including
limitations on the hiring of foreigners.
Speaking on the changes in June, labour minister Thulas Nxesi said the
National Labour Migration Policy would include limitations on the hiring of
foreigners.
He noted that the policy aims to achieve a balance across several areas,
including:
The first is to address South Africans’
expectations regarding access to work opportunities, given worsening
unemployment and the perception that foreign nationals are distorting
labour market access. The NLMP, together with proposed legislation, will
introduce quotas on the total number of documented foreign
nationals with work visas that can be employed in major economic
sectors such as Agriculture, Hospitality and Tourism, Construction, etc.
The NLMP will be complemented by small
business interventions and enforcement of a list of sectors where foreign
nationals cannot be allocated business visas and amendments to the Small
Business Act to limit foreign nationals establishing SMMEs and trading in
some sectors of the economy.
The Department of Home Affairs is reviewing
current legislation and strengthening the Border Management Authority to
secure porous borders and to allow for the orderly movement of people and
other nationals through ports of entry only.
Government plans to ramp up inspections
to enforce existing labour and immigration legislation.
Nxesi said the National Labour Migration Policy goes hand in hand with
the proposed Employment Services Amendment Bill, which provide the legal basis
to regulate the extent to which employers can employ foreign nationals in their
establishments while protecting the rights of migrants.
The proposed amendments to the Employment Services Act aim to limit the
extent to which employers can employ the number of foreign nationals in
possession of a valid work visa in their employment,” he said.
It will also place several obligations on an employer employing foreign
workers, including:
Only employ foreign nationals entitled to work
in terms of the Immigration Act, the Refugees Act, or any other provision;
Ascertain the foreign national is entitled to
work in the Republic in the relevant position;
Satisfy themselves that there are no South
Africans with the requisite skills to fill the vacancy;
Prepare a skills transfer plan, where
appropriate;
Employ foreign nationals on the same terms as
local workers; and
Cape Town – The matter of Self-styled “Prophet” Shepherd Bushiri and
pastor Tim Omotoso, whose documents in South Africa were found to have been
attained irregularly, is what sent Home Affairs Minister Aaron Motsoaledi on a
mission to discover the truth behind the flaws in the system that enabled it.
This came to light on Tuesday as Motsoaledi briefed the portfolio
committee on a report which reviewed permits issued by the Department of Home
Affairs.
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He had established a ministerial committee last year to review the
issuing of permanent residence permits, corporate visas, business visas,
critical skills visas, study visas and retired persons’ visas and citizenship
by naturalisation between the period October 12, 2004 and December 2020.
However, because the records from 2004 to 2014 were still manual, the
review was done for the period 2014 until 2021.
The committee set out to find irregular patterns in the issuing of
permits and make recommendations in instances of fraud, among others.
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“The issue of the escape of pastor Bushiri during that period, we
discovered he was a permanent resident of South Africa.
“We further discovered the permanent residence him and his family got
were not in terms of laws of the country, they were approved and obtained
irregularly.
“This was worrying. After that we learned there’s another pastor in the
Eastern Cape who is being charged in court, Omotoso, for alleging raping a
congregant.
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“I also learned his documents to be in South Africa were obtained
irregularly. My next question was, who else?” Motsoaledi asked.
Some of the key findings presented pointed to legacy systems which were
not yet modernised.
Dr Cassius Lubisi, a member of the committee presented the findings
which included: “The system is not advanced enough to flag anomalies
pro-actively. People also work in silos with their own systems that do not talk
to other Home Affairs systems. Unscrupulous officials were also found, who had
created fake users on the system along with deliberate by-passing of controls
to manipulate visa applications.”
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He said the Counter-Corruption Unit reported that 66% of the cases it
had investigated involved the issuing of permits.
While the unit’s work was ongoing, 14 members of the permitting
department signed a petition demanding the unit should cease investigating
their errors.
The review had been assisted by a number of whistle-blowers who came forward
describing criminal modes of operation.
Lubisi said internal and external actors who manipulated the system had
been identified.
Further findings highlighted that 34% of all critical skills visa
approvals since 2014 till 2021 were for Zimbabwean nationals.
In terms of study visas, 23% of all study visa approvals were for
Zimbabwean nationals, while 11% of all approvals were from Nigeria and 10% from
Congo.
In terms of retired persons permits, a spike was detected in 2018,
however, the reasons for the spike were not clear, he said.
“The highest increase involved Bangladeshi, Pakistani, Nigerian and
Indian nationals.
“78% applied for retirement before the age of 55 and 53% of these
applications were eventually approved,” said Lubisi.
In terms of naturalisation, some applicants were also approved before
the five year period.
Recommendations included establishing a multidisciplinary investigating
task team, technology approaches to resolve system and data security challenges
and a review of legislation and regulations.
Just 24 regions offer an avenue for ‘workationing’ abroad
The world has changed substantially thanks to the COVID-19 pandemic. Nowhere is this more evident
than in the travel and tourism industry and the workforce.
Economic losses continue to mount in tourism-dependent countries as
people remain reluctant to travel.1 And employers now allow their staff to
operate outside the office—something most companies see for the foreseeable
future to help keep their employees safe.2
These two needs—tourist destinations seeking to attract visitors, while
minimizing the risk of outbreaks, and workers looking for a break from their
home workspaces—are both being met by countries offering what is known as the
digital nomad visa.
Key Takeaways
A digital nomad is a person who lives a
nomadic lifestyle and uses technology to work remotely from outside their
home country.
Digital nomad visas allow these individuals to
legally live and work in another country.
These visas are available to students and
workers, although the costs and requirements tend to vary.
Many offering countries allow individuals to
apply for themselves as well as for dependents.
Although a digital nomad lifestyle allows you
to have a long vacation while you work, it can be stressful and may hinder
the formation of long-lasting relationships.
What Is a Digital Nomad Visa?
A digital nomad is someone who
lives a nomadic lifestyle and uses technology to work remotely from outside
their home country. A digital nomad visa is a document or program that gives
someone the legal right to work remotely while residing away from their country
of permanent residence.
The phrase digital nomad visa often isn’t used by the governments that
issue them, with most regions giving their programs a unique name, such as the
Cayman Islands’ Global Citizen Concierge Program, or using more general terms
like residence permit.3 Keep in mind, though, that these visas may not
explicitly target digital nomads.
Workers and students are able to use digital nomad visas, although the
costs and requirements may vary. For example, the Work From Bermuda Certificate
requires scholars to provide proof of enrollment in an undergraduate, graduate,
doctoral, or research program with their application.4
Some countries actually allow employers to apply for a digital nomad
visa for their company. Dominica’s program charges $800 (in U.S. dollars) plus
an additional $500 for each employee for a business of four or more people.5
The information provided in this article focuses on digital nomad visas
solely in the context of remote workers—not those who want to study abroad or
for those who are in search of a lengthy corporate retreat.
Digital Nomads vs. Remote Workers
Although the term remote worker has become increasingly common, it isn’t
perfectly synonymous with being a digital nomad. All digital nomads are, by
necessity, remote workers. Yet the latter term can also apply to those who
simply operate from their permanent residence instead of from an office. Laws
differ, but entering a country as a tourist generally doesn’t permit the
traveler to work while living there.
Working remotely (in
your home country) wasn’t as popular as it is today. That’s because many
employers felt that their employees wouldn’t be productive if they worked away
from the office. Those who needed to work from home were given special
permission for certain reasons, such as family or a lack of workplace
accommodations.
But telecommuting has become very
common, especially during the COVID-19 pandemic. Many companies now believe
that working from home can actually increase productivity. Some research
indicates that people who work from home end up working 1.4 days more than
in-office workers.6
Individual countries may require additional requirements because of the
COVID-19 pandemic. Be sure to do your research before you apply.
Advantages and Disadvantages of Digital Nomads
It’s crucial for anyone considering working abroad to review and follow
whatever is requested by their temporary residence of choice. While there are
certain benefits, there are some downfalls to working on a digital nomad visa.
Advantages
The obvious benefit of these programs is that you can enjoy a long
vacation while maintaining a stable source of income without putting your
career on hold. Most regions that offer digital nomad visas already have the infrastructure necessary to support remote
workers, such as strong wifi as a selling feature. For instance, Anguilla has
two telecommunications network providers that offer high-speed internet.7
The remote nature and quick government responses of some of the regions
(particularly the islands) make them practically safe havens from the COVID-19
virus. Not surprisingly, these destinations commonly have strict guidelines for
incoming travelers. For example, anyone arriving in Curaçao (which is
considered a low-risk country) from a high-risk area must undergo a PCR test
within 72 hours prior to departure.8
Disadvantages
Being a digital nomad requires a job that’s remote and flexible. This is
especially important when it comes to logging in hours when there’s a time
difference. Although these kinds of jobs have become more common in the wake of
the pandemic, this may be a guaranteed deal-breaker for some companies and
workers.
Moving around frequently from one country to another can be stressful,
especially when you consider the rapid spread of the Delta virus. It can also
be expensive. That’s not even accounting for the cost of the visa itself. And
if the application for your next destination is rejected, you could be left
scrambling to find a new place to live before you’re forced to leave once your
current visa expires.
Moving around can also make it harder to form long-lasting
relationships, while the constant distance can also put a strain on existing
ones. Unless a country offers you permanent residency when your temporary visa
expires, there’s little point in putting down roots where you won’t be living
after a year or so. And although this lack of ties can definitely be seen as a
plus to those who value their independence, anyone thinking about a lengthy
period abroad should carefully consider how isolating it might be.
Pros
Long vacation with a stable source of income
Available infrastructure and resources
Some destinations are safe havens from
COVID-19
Cons
Job must be remote and may require flexibility
Stress associated with constant moving
Expensive
Harder to plant roots and form long-lasting
relationships
Who Offers Digital Nomad Visas?
There were 24 regions offering programs for temporary remote workers as
of July 2021. Although the majority of these are countries, four are British
Overseas Territories. Our research also finds that a few countries, such as
Romania, announced that they are working on digital nomad programs. Approvals
in these regions will be added to this list at a later date.9
Anguilla
The Beyond Extraordinary Anguilla program allows digital nomads to
reside in the British Overseas Territory for up to 12 months. If you want to
work remotely from the island, you’ll need to pay a $2,000 USD (per individual)
travel fee, though families of up to four people will be on the hook for $3,000
USD (plus an additional $250 USD for each additional family member).7
Prospective travelers need to complete an application form, in addition
to submitting several other documents (proof of employment, copy of a birth
certificate, etc.). Approval for the remote work program takes approximately 14
days. Those approved must provide proof of a negative COVID-19 test before they
travel.7
Antigua & Barbuda
Nomad Digital Residence is a long-stay program offered by both islands
for remote workers. The visa is good for two years and costs $1,500 USD per
individual, while couples and families of three or more must pay $2,000 USD and
$3,000 USD, respectively. Applicants must fill out the application and submit
up to 11 documents, including proof of expected income of at least $50,000 USD
for each year of the program.10
The Bahamas
The Bahamas Extended Access Travel Stay allows digital nomads to work
remotely for one year from any of 16 islands.11 An application requires a $25
USD fee, a valid passport data page, a medical insurance card, and proof of
employment. The application typically takes just five days to process. Approved
applicants must pay $1,000 USD (plus $500 USD for each dependent) to receive
their Work Remotely permit.12
Barbados
The Barbados Welcome Stamp established a visa that allows visitors to
work remotely for up to one year. The application fee is $2,000 USD for
individuals and $3,000 USD for families. The application must be accompanied by
a passport-sized photograph, the bio data page of a passport, and proof of
relationship of dependents (if applicable). Applicants must also prove that
they will earn $50,000 USD during their 12-month stay.13
Bermuda
The Work From Bermuda Certificate permits digital nomads to work remotely
for 12 months. The $263 USD application fee must be accompanied by health
insurance and proof of employment. Applicants cannot have a criminal record.
Although there isn’t a minimum requirement, applicants must have enough income
to support themselves for the full year. Family members will also need to pay a
fee and apply separately, but all applications must be submitted on the same
day. The turnaround time is approximately five business days.4
Cabo Verde
The Cabo Verde Remote Working Program is available to remote workers
originating from Europe, North America, the Community of Portuguese Speaking
Countries (CPLP), and the Economic Community of West African States (CEDEAO).14
Applicants must:
Have a minimum bank account balance of €1,500
(1,500 euros) for individuals and €2,700 for families for at least the
last six months
Submit five documents with the application,
including a passport and health insurance
Provide 10 documents to border authorities in
person after arriving at one of the 10 islands, though there is some
overlap between the two sets of documents
Processing time can take roughly two weeks. The visa is valid for six
months and can be renewed for another 12 months.15
Cayman Islands
The Global Citizen Concierge Program targets wealthier remote workers.
Minimum annual salary requirements are:
$100,000 USD for singles
$150,000 USD for couples
$180,000 USD for families16
These minimums are on top of the annual certificate fee of $1,469 USD
for a party of up to two people, plus another annual certificate fee of $500
USD for each dependent. Then there’s a credit card
processing fee equal to 7% of the total application fee.3
Those who can meet this high entry barrier can work remotely from any of
the three islands for two years.3 Additional application requirements include,
but are not limited to, a notarized bank reference, a valid passport, and proof
of health insurance.16
Costa Rica
This Central American country’s temporary residency visa, also known as
Rentista, offers a two-year remote work opportunity.17
Prospective visitors are required to have a monthly income of $2,500
USD. That amount may increase if there are more dependents involved.17
Other requirements include, but are not limited to, the payment of fees,
fingerprint records, and a copy of the prospective visa holder’s birth
certificate. The permit can be renewed as long as all requirements are still
being met.17
Croatia
Croatia doesn’t offer a visa but its program still targets digital nomads.
Temporary stay is available for an individual and their close family members
for up to one year, without the possibility of extension. You can submit a new
application for six months, though.18
Prospective visitors must submit several documents with their
application, including Form 1a if filing in person. Applicants must prove an
income of 17,822.50 kunas (HRK), per month or 213,870.00 HRK for the full year.
That’s about $2,377.47 USD and $28,529.76 USD, respectively. These amounts
increase by 10% per family member.18
Applicants are responsible for a fee of 350 HRK ($46.69 USD) to 460 HRK
($61.36 USD), depending on the method of application.18
Curaçao
This Dutch Caribbean island offers the @HOME in Curaçao program.
Available to remote workers for six months, residency can be extended for an
additional six-month period.19
Outside of a $294 total for fees, the application also requires a copy
of a passport photo, proof of solvency, and proof of health insurance.
Processing time is approximately two weeks.19
All applicants must file individually. Families may also apply for the
program, but they must do so under the main applicant. An additional fee
applies to any dependents.19
Czech Republic
The Czech Republic’s freelancer visa, Zivno, is a bit trickier to
acquire than most on this list. This program requires a variable fee, proof of
a minimum income of 124,500 koruna (CZK)—about $5,121.62 USD—and documents like
a passport, proof of accommodation, criminal record, etc.20
Applicants must also receive a trade license for one of the jobs on this list before they apply. That means juggling
remote work with a local career, albeit a temporary one. Applicants will also
be required to pass an immigration interview. The visa lasts for one year, and
being approved can take 90–120 days.20
Dominica
Dominica, also known as the Nature Island of the Caribbean, provides an
18-month Work In Nature Extended Stay Visa for digital nomads.21 Applicants must
present proof of expected income of $50,000 USD, in addition to paying a $100
USD application fee and either $800 USD single or $1,200 USD family visa
fee.225
Several other documents, including the biodata page of a passport, a
bank reference letter, and proof of health insurance, must also be submitted
alongside the application.23 Approval letters are often sent within 14-28
days.24
Estonia
On Aug. 1, 2020, Estonia launched an official Digital Nomad Visa for
remote workers to remain in the country for up to one year. Applicants need
proof of a minimum of €3,504 in income and pay a state fee of €80 or €100 for a
Type C (short stay) or Type D (long stay) visa, respectively.25
Additional requirements include having a valid travel document and
health insurance. They must also pass a background check. Applications must be
submitted in person at the nearest Estonian Embassy or Consulate, and the
processing time is typically 15 to 30 days.
Georgia
The Remotely From Georgia program enables digital nomads and their
families to work within the former Soviet state for one year.
The project is available to travelers from up to 95 countries, including
the United States and European Union (EU) members. The list is essentially
composed of all nations whose residents were able to visit Georgia without a
visa for up to one year prior to the start of the pandemic.26
Applicants only need to submit an online application form and provide
financial proof—the exact amount isn’t specified—along with any other requested
information.26
Germany
Germany’s residence permit is granted to freelancers and other
self-employed workers to reside within the country for three months, but this
can be extended by up to three years.27
In addition to the visa application form and a €60 fee, digital nomads
must submit photocopies of documents with their application, including, but not
limited to:
A passport
Two biometric photographs
A cover letter
A portfolio of previous freelance work27
The application must be submitted in person to the nearest German
Embassy or Consulate. Before applying for the residence permit, prospective
travelers must secure a German residence and register it with the local
Residence Registration Office. They must open a German bank account, register
with the Tax Registration Office, and secure German health care.27
Iceland
The long-term visa for remote workers program is available to digital
nomads from any country that doesn’t require a visa to travel to Iceland and is
not available to any that are part of the EU, the European Economic Area,
and/or the European Free Trade Association.28
The visa can be issued for up to 180 days, as long as applicants can
prove a monthly income equivalent to one million króna (ISK) or about $7,261.11
USD for singles or 1.3 million ISK (about $9,439.44 USD) for couples.29 Each
applicant must submit a separate application and pay a 12,200 ISK ($88.59 USD)
processing fee separately for each one.30
Applications will also require a passport photo (no older than six
months), copies of a passport, proof of health insurance, proof of purpose of
stay in Iceland, and potentially a criminal record check.28
All applications must be submitted in person or via mail to the
Directorate of Immigration at Dalvegur 18, 201 Kópavogur.28
Malta
The Nomad Residence Permit allows digital nomads to work remotely within
the archipelago for one year. It can be renewed but is available only to
residents of countries outside of the EU.31
Family members of remote workers must apply via a separate
application.32 Applicants must meet a gross monthly income threshold of €2,700,
hold a valid travel document, have health insurance, acquire a valid property
rental or purchase agreement, and pass a background check.33
Once the application and all required documents have been submitted via
email, instructions will be sent to pay a €300 administrative fee for each
applicant.34
Mauritius
The Premium Travel Visa offers one year of remote working abroad with
the potential for renewal. The best part? The Premium Travel Visa is 100%
free—no fees of any kind.35
Applicants still need to prove a minimum monthly income of $1,500 USD
for each applicant as well as $500 USD per month for each dependent under the
age of 24. Prospective travelers must submit multiple documents with their
online application, such as a valid passport, proof of travel and health
insurance, and a copy of their marriage certificate (if applicable).36
Applications are processed within 48 hours after they are submitted.37
Mexico
Mexico’s Temporary Resident Visa is unique in that it is targeted
toward—but not restricted to—Canadians. Digital nomads can work remotely within
Mexico for 180 days to four years.38
Prospective travelers must prove a monthly income of $2,720 CAD
($2,166.11 USD) or an average monthly bank balance of $45,334 CAD ($36,102.41
USD) during the previous 12 months—though the exact amounts can vary depending
on the circumstances of their application. They must also include:
A passport or valid travel and identity
document
A 3.9-centimeter × 3.1-centimeter headshot
A document indicating their legal migratory
status in Canada (for anyone who isn’t a Canadian citizen) along with
their visa application form38
The Family Unity Application, which has its own documentation and
economic solvency requirements, enables a digital nomad’s kin to join them
abroad.38
The base consular fee for the application is $371 CAD ($284.67 USD),
though this can increase if additional services are required.39
Montserrat
The Montserrat Remote Work Stamp is valid for one year of remote
working. It requires proof of an annual income of $70,000 USD, and there’s a
$500 USD fee for single travelers or a $750 USD fee for families of up to three
dependents (plus a $250 USD fee for any additional dependents).40
Proof of valid health insurance, a copy of passport biographical data, a
passport-size photo, a police record,and proof of employment or a
business incorporation certificate are also required.40
Processing takes seven working days after the application is
submitted.40
Norway
The Independent Contractor Visa provides two years of residency within
Norway for remote workers. The visa costs €600 and requires proof of an annual
income of at least €35,719.
The Norwegian Directorate of Immigration has an online checklist of
required documentation, such as a passport, two passport-size photos, and proof
of having a Norway residence. These must be turned in alongside the application
and the completed checklist itself. Applications and all required documents
must be submitted to the nearest Norwegian Embassy or Consulate.41
Portugal
Portugal offers a visa for independent workers that is valid for one
year. It can be renewed twice, each time for an additional two years. The visa
costs €83 and there’s also a resident permit fee of €72.42
In addition to the application form, prospective residents must provide
a valid passport, two passport-size photos, valid travel insurance, proof of
residence (if applicable), proof of sufficient income
or a term of responsibility signed by a Portuguese citizen or
resident, proof of owning a business entity (or a contract for providing
services), and declaration by an authority that the applicant is qualified to
be employed in their sector (if applicable).42
There is also a separate residence permit for family reunification
purposes.42
Seychelles
The Seychelles Workcation program enables digital nomads to work
remotely from any of the 115 islands that comprise the archipelago for as
little as one month or as much as one year.43
There is a €45 fee, and prospective travelers must also provide a valid
passport, proof of being an employee/business owner, proof of income (exact
amount unspecified), and a valid medical and travel insurance policy with their
application.43
Family members can also join an applicant as ordinary visitors, as long
as they meet all requirements and submit birth and/or marriage certificates,
whichever is appropriate.44
Taiwan
Taiwan is a unique case, in that the Taiwan Employment Gold Card isn’t
technically a digital nomad visa. It’s a four-in-one card, combining an
open-ended work permit, resident visa, alien resident certificate, and re-entry
permit.45
The card allows workers (remote or otherwise) to reside in Taiwan for
one to three years and costs $100 USD to $310 USD, depending on the applicant’s
nationality and the duration of their stay.45
Applications typically take 30 days to receive approval, but this can
increase to 50 to 60 days if additional documents are requested. Qualification
is based on the assessment of an applicant’s professional skills; prospective
travelers aren’t required to already have a job in Taiwan when applying.45
In addition to a passport and photo, digital nomads will need to provide
additional documents, based on the skill applied under.46
The Canadian government has invited 1,500 new Express Entry candidates
to apply for permanent residency. This is the first time Immigration, Refugees
and Citizenship Canada (IRCC) is inviting candidates across all-programs since
December 2020.
Also, Canadian Experience Class (CEC) candidates, which is the primary
way for Canada’s large international student and foreign working population to
gain residence were also included in this Express Entry draw.
Notably, an all-program Express Entry draw occurs when the IRCC
considers all the candidates in the Express Entry pool for permanent residence
based on their Comprehensive Ranking System (CRS) score. The all-program draw
had been discontinued since 2020 due to movement restrictions placed by the
government as a result of the COVID-19 pandemic.
However, the resumption of the all-program Express Entry draw means that
immigrants from overseas are now eligible to be picked and invited to apply for
permanent residency based on their CRS score. It is worth noting that the
Comprehensive Ranking System (CRS) cut-off score for this draw was 557.
What they are saying
According to a statement by Canada’s Immigration Minister, Sean Frazer
after the draw, “Today, I am pleased to announce that Express Entry draws
have officially resumed, and applications will be processed at our 6-month
processing standard. I want to thank the candidates from around the world for
their patience, as we worked to reduce the backlog before resuming Express
Entry draws. I look forward to welcoming skilled workers who will are essential
in addressing Canada’s labour shortages.”
How Express Entry application works
Firstly, candidates need to confirm that they
meet the criteria of at least one of the three Express Entry programs.
That is, the Federal Skilled Worker Program (FSWP), Canadian Experience
Class (CEC), and Federal Skilled Trades Program (FSTP). Click here
to check.
If they meet the criteria, candidates can
upload their Express Entry profile onto IRCC’s website.
Candidates receive a Comprehensive Ranking
System score based on their human capital characteristics such as age,
education, language skills, and work experience.
Approximately every two weeks, IRCC invites
the highest-scoring candidates to apply for permanent residence.
Those invited for permanent residence have 60
days to submit their applications to IRCC. IRCC aims to process most
applications within 6 months or less.
Two senior immigration officers attached to the Department of Home
Affairs in Bloemfontein, who were arrested for bribery, have been granted bail
of R5 000 each.
They were released after their appearance in the Bloemfontein
Magistrate’s Court on Monday (11/07).
Dolly Goitsemang Sediti (38) and Leballo Maqalika (50) face charges of
corruption. The pair was remanded in custody following their arrest by the
Hawks’ Serious Corruption Investigation team in Bloemfontein.
The investigation into the case was launched in May.
Capt. Christopher Singo, spokesperson for the Hawks in the Free State,
said an investigation into the alleged bribery had been launched after a foreign
national blew the whistle.
“Information was received about the senior immigration officer of Home
Affairs who demanded R6 000 from a foreign national for the release of his
brother, who had been arrested for allegedly not having proper documents,” said
Singo.
A sting operation was conducted on 26 May, culminating in the arrest of
Maqalika.
“He was arrested after being found in possession of the said amount of
cash paid by the victim,” said Singo.
“Further investigation discovered that Sediti was implicated in corrupt
activities involving Maqalika.”
Singo said Sediti had handed herself over on 4 July, accompanied by her
legal team.
He confirmed that the pair was expected to reappear in court soon.
Immigration-related fraud in South Africa is
rife.
A task team has found a raft of irregularities
in issuing permits and visas.
Home Affairs Minister Aaron Motsoaledi has
reiterated the country is not for sale.
A probe of the Department of Home Affairs’ visa and residency
applications has revealed foreign applicants younger than 25 are approved for
retirement and study visas in just one day.
Study visas were approved with vague, nonsensical or little information
about the “learner”.
This emerged during Home Affairs Minister Aaron Motsoaledi’s briefing to
the Portfolio Committee on Home Affairs.
On Wednesday, Motsoaledi, senior department officials, and a task team
reviewing permits and visas presented their findings.
The task team was established to review all permits issued since 2004 –
the year in which the Immigration Act came into operation.
Former top civil servant Cassius Lubisi, who chaired the task team, told
MPs on average, 23% of all study visa approvals between 2014 and 2021 were for
Zimbabwean nationals, which were done through a normal study visa, with the
calendar year from January 2021 to December 2021 being 25%.
“Likewise, 11% of all approvals were from Nigeria, and 10% were
from Congo. The three mentioned countries thus contribute to 44% of all study
visa approvals by foreign nationals for the period. Some study visas were
finalised in one day.
“On face value this is good, but if processes are followed, this
seems suspicious and needs further investigation. Institutions of study
peculiarities were detected where the course or institution descriptions were
vague or nonsensical in the data. ‘Learner’ and ‘N/A’ classifications could be
used to facilitate the approval of fake study visa applications.”
According to Lubisi, the review detected a spike in retired person visas
and permit applications in 2018, but it was not clear what caused it.
The highest increase involved Bangladeshi, Pakistani, Nigerian and
Indian citizens.
“Seventy-nine percent of applicants applied for retirement before
the age of 55, of which 53% were eventually approved. In 2018, 65% of approved
retirement visas were for applicants 55 years old or younger.
“Applicants younger than 25 were approved to retire in the RSA.
Retirement visas then changed to other visa types – people are applying and
getting retirement visas granted, only to then apply for a change to this visa
to work or to get married, indicating that the initial application for a
retirement visa was only a ruse to enter the [country],” he said.
The government has come under fire over its decision to terminate the Zimbabwe Exemption Permit
(ZEP) at the end of the year.
Zimbabwean Permit Chaos
An average of 34% of all critical-skills visa approvals from 2014 to
June 2021 are for Zimbabwean nationals, with the calendar year from January
2021 to December 2021 being 38%.
Evidence suggests a general trend of applicants changing from general
worker to critical-skills visa applications and these then change from study to
critical-skills visa applications.
In 2016, a waiver notice was issued whereby anyone studying towards a
critical skill in South Africa was given the right to apply for a permanent
residency permit even before they qualified.
The waiver was withdrawn by Motsoaledi in 2022.
In making its recommendations, the task team said several processes
should be reviewed, including cohabitation agreements or notarial contracts
that were being used to represent marriages.
The panel obtained evidence some of these were self-created.
The task team added fraudulent applications (with fraudulent documents)
should be rejected outright
For a person to be given a retirement visa in South Africa, they needed
to prove a certain income stream, it recommended.
The task team wants the department to conduct a detailed forensic
investigation.
“Certain visas will have to be withdrawn, some people might have to
be deported and criminal prosecution might have to be instituted. This will
also include internal disciplinary action,” Lubisi said.
He added the review committee recommended mandating an independent
multidisciplinary task team of attorneys, forensic investigators, specialist
analysts, and ICT system experts to fully investigate all the anomalies,
fraudulent applications, corrupt activities, systemic irregularities and
maladministration identified.
Lubisi said this would help to make “appropriate
recommendations” for criminal prosecution, disciplinary action, removal
from the system, system improvements, recalling of visas, and the tracing of
offending foreign nationals for deportation.
Motsoaledi reiterated the country is not for sale and corrupt official
would be rooted out.
The committee also heard of the firing of six officials and disciplinary
processes against four others.
Labour Minister Thulas Nxesi wants to add as many as 2 million new jobs before
the next elections as the nation grapples with one of the highest unemployment
rates in the world.
About 12 million South Africans are without jobs. Unemployment according
to the expanded definition, which includes people who were available for work
but not looking for a job, is at 45.5% – the highest rate on a list of 82
countries monitored by Bloomberg – although some of the data is outdated. South
Africa will go to the polls to elect its next president in 2024.
Nxesi’s jobs target adds up to the amount of people who were rendered
unemployed at the height of the Covid-19 pandemic. Strict labour laws, stagnant
productivity, bureaucratic hurdles and a skills shortage have reduced the
ability of South African companies to hire additional workers.
“Whether or not that is achievable, I don’t know,” Nxesi said
of his goal in an interview in Bloomberg’s office in Johannesburg. The
government is working on policy amendments to prioritise South Africans’ access
to jobs over foreign nationals with the same skills, he said.
The high unemployment rate has added to anti-immigrant sentiment among
some South Africans who resent facing additional competition for jobs. That’s
prompted the government to follow through on proposals to enforce employment
quotas for foreign nationals.
There’s been a trend of “employment of foreign workers at the
expense of the South African workers,” Nxesi said. “The issue is the
employers who deliberately employ these vulnerable people.”
Reducing undocumented immigrants will be vital in addressing
unemployment, according to Nxesi.
“It’s a very sensitive matter everywhere, but if you look in
Zimbabwe, Botswana, Nigeria and Ghana – they have all declared that you can’t
bring anyone from outside if there is a national who is able to perform that
job,” he said.
To limit the influx of illegal migrants from neighbouring nations, South
Africa wants to establish a border control agency. The Border Management
Authority will have branches at six border posts to begin with, and employ
people from various government departments to tighten the implementation of
immigration policies.
The lack of jobs is likely to be a key issue in the run-up to the
elections in 2024. The state has to find a solution to limit the large number
of labour migrants coming from struggling neighboring countries, the minister
said.
About 3 million of the 60 million people living in South Africa are
migrants, according to the national statistics agency. Many of them are
Zimbabweans.
Last year, South Africa said it would end a
special dispensation that allows about 178 000 Zimbabweans to live and work in
the country. The so-called Zimbabwe Exemption Permits were granted to the
nation’s nationals who moved to South Africa before 2009.
The permits will likely be extended for those who re-apply, especially
if their skills are needed in the country, Nxesi said.
“We all know that the reason why there are many Zimbabweans here,
is because the country has collapsed, that’s the root cause,” Nxesi said.
Many believe SA government is pushing them back to Zimbabwe by doing
away with special permits
Thousands of low-skilled Zimbabwean nationals are finding it difficult
to qualify for visas and many believe the SA cabinet’s decision to do away with
the special exemption permit is aimed at pushing them out of the country…
The maximum duration for this Visa is 3 months. If a longer stay is
required the applicant must apply in advance abroad or he can extend the
visitor’s Visa locally, confirming the purpose of stay.
A valid return air / bus ticket, proof of sufficient financial means,
the application fee andmust be accompany an application for extension. Pease
note that a visitor’s Visa can only be extended once for a maximum of 3 months.
Please be aware that all extensions and changes need to be applied for
30 days before expiry of the current Visa. Missing the cut-off date without
demonstration of good cause (e.g. illness, accident) will mean that you have to
leave South Africa.
Countries exempt from South African visas:
The exemptions pertain to ordinary, diplomatic and official passport
holders. Official visits (on invitation of the South African Government) and
accreditation for holders of diplomatic and official passport holders are not
dealt with here.
Visas are not required by citizens of the following countries for the
periods and subject to the conditions indicated:
Holders of South African passports, travel documents and documents for
travel purposes.
Holders of passports of The United Kingdom of Great Britain and Northern
Ireland including the British Islands Bailiwick of Guernsey and Jersey, Isle of
Mann and Virgin Islands as well as the Republic of Ireland are totally exempt
from South African visa control and thus do not require visas for any purpose
regulated by visas.
Please Note:
Angola: Bona fide holiday and business visits not
exceeding 30 days and transits Antigua and Barbuda: Bona fide holiday and business visits not exceeding
30 days and transits Argentina: Bona fide holiday and business visits not exceeding 90 days
and transits Australia: Bona fide holiday & business visits only (period
unspecified) and transits Austria: Bona fide holiday & business visits only (period
unspecified) and transits
Barbados: Bona fide holiday and business visits not
exceeding 30 days and transits Belgium: Bona fide holiday & business visits only (period
unspecified) and transits Belize: Bona fide holiday and business visits not exceeding 30 days and
transits Benin: Bona fide holiday and business visits not exceeding 30 days and
transits Bolivia: Bona fide holiday and business visits not exceeding 30 days and
transits Botswana: Bona fide holiday and business visits not exceeding 30 days
and transits Brazil: Bona fide holiday and business visits not exceeding 90 days and
transits
Canada: Bona fide holiday & business visits only (period
unspecified) and transits Cape Verde: Bona fide holiday and business visits not exceeding 30 days
and transits Chile: Bona fide holiday and business visits not exceeding 90 days and
transits Costa Rica: Bona fide holiday and business visits not exceeding 30 days
and transits Cyprus: Bona fide holiday and business visits not exceeding 30 days and
transits. Diplomatic and official passport holders visiting the RSA for holiday
purposes are exempt for 90 days. Czech Republic: Holders of diplomatic and official passports for holiday
visits not exceeding 90 days and transits
Denmark: Bona fide holiday and business visits only (period
unspecified) and transits
Ecuador: Bona fide holiday and business visits not
exceeding 90 days and transits Egypt: Holders of diplomatic and official passports for holiday visits
not exceeding 30 days and transits
Finland: Bona fide holiday & business visits only
(period unspecified) and transits France: Bona fide holiday & business visits only (period
unspecified) and transits
Gabon: Bona fide holiday & business visits not
exceeding 30 days and transits Germany: Bona fide holiday & business visits only (period
unspecified) and transits Greece: Bona fide holiday & business visits only (period
unspecified) and transits Guyana: Bona fide holiday and business visits not exceeding 30 days and
transits
Hong Kong: Bona fide holiday and business visits not
exceeding 30 days and transits This exemption is only with regard to holders of
Hong Kong British National – Overseas (BNO) passports, Hong Kong Special
Administrative Region (HKSAR) passports and Hong Kong Certificates of Identity. Hungary: Bona fide holiday and business visits not exceeding 30 days and
transits Diplomatic and official passport holders visiting the RSA for holiday
purposes are exempt for 120 days.
Iceland: Bona fide holiday & business visits only
(period unspecified) and transits Israel: Bona fide holiday and business visits not exceeding 90 days and
transits Italy: Bona fide holiday & business visits only (period unspecified)
and transits
Jamaica: Bona fide holiday and business visits not
exceeding 90 days and transits Japan: Bona fide holiday & business visits only (period unspecified)
and transits Jordan: Bona fide holiday and business visits not exceeding 30 days and
transits
Lesotho: Bona fide holiday and business visits not
exceeding 30 days and transits Liechtenstein: Bona fide holiday & business visits only (period
unspecified) and transits Luxemburg: Bona fide holiday & business visits only (period unspecified)
and transits
Macau: Bona fide holiday and business visits not
exceeding 30 days and transits This exemption is only with regard to holders of
Macau Special Administrative Region passports (MSAR). Malaysia: Bona fide holiday and business visits not exceeding 30 days
and transits Maldives: Bona fide holiday and business visits not exceeding 30 days
and transits Malta: Bona fide holiday and business visits not exceeding 90 days and
transits Malta: Holders of diplomatic and official passports for holiday
visits not exceeding 90 days and transits
Mauritius: Bona fide holiday and business visits not exceeding 30 days and
transits
Mexico: Bona fide holiday and business visits not exceeding 30 days and
transits
Morocco: Holders of diplomatic and official passports for holiday visits not
exceeding 30 days and transits
Namibia: Bona fide holiday and business visits not
exceeding 30 days and transits Netherlands (Kingdom of the): Bona fide holiday and business visits only
(period unspecified) and transits New Zealand: Bona fide holiday & business visits only (period
unspecified) and transits Norway: Bona fide holiday & business visits only (period
unspecified) and transits
Paraguay: Bona fide holiday and business visits not
exceeding 90 days and transits Peru: Bona fide holiday and business visits not exceeding 30 days and
transits Poland: Holders of diplomatic and official passports for holiday visits
not exceeding 90 days and transits Portugal: Bona fide holiday & business visits only (period
unspecified) and transits
Romania: Holders of diplomatic and official passports for
holiday visits not exceeding 120 days and transits
San Marino: Bona fide holiday and business visits not
exceeding 90 days and transits Seychelles: Bona fide holiday and business visits not exceeding 30 days
and transits Singapore: Bona fide holiday and business visits not exceeding 30 days
and transits Slovak Republic: Bona fide holiday and business visits not exceeding 30
days and transits South Korea: Bona fide holiday and business visits not exceeding 30 days
and transits Spain: Bona fide holiday & business visits only (period unspecified)
and transits St Helena: Bona fide holiday and business visits not exceeding 90 days
and transits St Vincent & the Grenadines: Bona fide holiday and business visits
not exceeding 90 days and transits Swaziland: Bona fide holiday and business visits not exceeding 90 days
and transits Sweden: Bona fide holiday & business visits only (period
unspecified) and transits Switzerland: Bona fide holiday & business visits only (period
unspecified) and transits
Thailand: Bona fide holiday and business visits not
exceeding 30 days and transits Tunisia: Holders of diplomatic and official passports for holiday visits
not exceeding 30 days and transits Turkey: Bona fide holiday & business visits not exceeding 30 days
and transits
United States of America: Bona fide
holiday and business visits only (period unspecified) and transits Uruguay: Bona fide holiday and business visits not exceeding 90 days and
transits
Venezuala: Bona fide holiday and business visits not
exceeding 90 days and transits
Zambia: Bona fide holiday and business visits not
exceeding 30 days and transits Zimbabwe: Bona fide holiday and business visits not exceeding 30 days
and transits. Only government officials, including police on cross border
investigation
A business visa may be issued by the Department of Home Affairs to a
foreigner intending to establish or invest in a business in South Africa in
which he or she may be employed, and to members of such foreigners’ immediate family
providing that certain requirements have been met.
The Act calls for investment of R5,0 million in a business and you need
to make sure you employ 60% South African citizens or permanent residents to
get both a temporary and permanent business visa, you can get these
visas with less capital investment – sometimes for as low as R600,000
investment using our expert team at SA Migration.
Many businesses do not require a capital investment as large as R5
million and in certain cases, you are allowed to reduce this amount and commit
to a smaller investment if your business falls within the certain industries.
The following businesses to be in the national interest, and therefore
qualifying for reduction or waiver of the capitalisation requirements as determined
to be in the national interest in relation to a Business Visa: Many of these
business owners do not have the required investment amounts. If this is the
case and the business falls in line with one of the following industries, a
capital waiver can be requested. This would mean a reduction in the required
investment amount.
The industries are:
(a) Agro-processing
Fisheries and aquaculture i.e. freshwater
aquaculture and marine culture
Food processing in the milling and baking
industries
Beverages viz. fruit juices and the local
beneficiation, packaging and export of indigenous teas
High value natural fibres viz., organic cotton
and downstream mohair production
High value organic food for the local and
export market
Biofuels production viz. bioethanol and biogas
oils: tea extracts, including buchu,
honeybush: and other oil derivatives (avocado, amarula etc.)
Diversification / beneficiation of biomass
sources i.e. sugar, maize
(b) Business Process Outsourcing and IT Enabled Services
Call centers
Back Office Processing
Shared Corporate Services
Enterprise solutions e.g. fleet management and
asset management
Legal process outsourcing
(c) Capital / Transport equipment, metals and electrical machinery and
apparatus
Basic iron and steel
Basic precious and non-ferrous metals
Casting of metals
Other fabricated metal products: metalwork
service activities
General purpose machinery
Tooling manufacturing
Foundries
White goods and associated components
Electric motors, generators and transformers
Electricity distribution and control apparatus
Insulated wire and cable
Accumulators, primary cells and primary
batteries
(d) Electro Technical
Advanced telecommunications
Software development
Software and mobile applications
Smart metering
Embedded software
Radio frequency identifications
Digital TV and Set Top Boxes due to migration
to full digital television
Process control, measurement and
instrumentation
Security and monitoring solutions
Financial software
Manufacturing sensors
(e) Textile, Clothing and Leather
Spinning, weaving and finishing of textiles
Knitted and crocheted fabrics and articles
Wearing apparel except fur apparel
Dressing and dying of fur
Leather skins and hides beneficiation
(f) Consumer goods
White goods and associated components
(g) Boatbuilding
Boatbuilding and associated services industry
Engines and engine systems
Marine equipment and accessories
(h) Pulp, paper and Furniture
Manufacture of paper products: publishing, printing
and reproduction
Manufacture of articles of straw and plaiting
materials
Paper and paper products and furniture
Manufacture of wood and products of wood and
cork
(i) Automotives and Components
engines, radiators, filters and components
thereof
air conditioners / climate control systems
alarms and Tracking devices
axles, transmission shafts
body parts and panels
catalytic converters, silencers and exhaust
systems and components
seats and parts thereof, seatbelts, leather
covers
suspension and shock absorbers, springs and
parts thereof
steering wheels, columns and boxes
ignition, starting equipment, gauges and
instrument parts
(J) Green Economy Industries
(jj) Power generation:
Nuclear Build Programmer i.e. joint ventures,
consortiums and the establishment of new companies to grow South Africa’s
nuclear manufacturing capability and nuclear supply industry to supply
into the nuclear build programme
Independent power generation, energy
infrastructure and alternative energy
(jjj) Renewable Energy:
Onshore wind power – manufacture of
turbines/blades
Solar PV and Concentrated Solar Power
manufacture/assembly
Biomass
Small hydro
Lowering greenhouse gas emissions from
landfill sites
Energy efficiency and energy saving industries
Solar water heaters
Waste Management and Recycling
Reducing landfill
(k) Advanced Manufacturing
Nano-materials
High performance materials based on natural resources
(advanced bio-composites
Advanced materials, polymers and composites
Medical devices, diagnostics and composites
Space e.g. satellite manufacturers etc. and
astronomy e.g. SKA, telescopes, dishes etc.
Composites (intelligent textiles used in medical,
building and construction industries)
Continuous fibre reinforced thermoform
composites
Biochemical and biologics for applications in
agriculture, industry and health/medical sectors
Electricity demand Site Management Solutions
to improve electricity efficiency usage
Lasers and laser-based additive manufacturing
various applications
Advanced Robotics Mobile Intelligent
Autonomous Systems
Applications in the mining industry, data
collection and analysis
Bio – manufacturing – Biochemical and
biologics for applications in agriculture, industry and health/medical.
Fuel cells and Technology
(l) Tourism infrastructure
Accommodation – hotels, boutique hotels,
lodges and resorts
urban integrated tourism/ entertainment
precincts
adventure, – eco-, sport-, conference- and
cultural tourism
infrastructure developments
leisure complexes and world class golf courses
harbour and waterfront developments
trans frontier conservations areas
Tourism transport – aviation, rail, cruise
liners etc.
green building and green technologies for
tourism
attractions and activity – based tourism.
museums and heritage
(m) Chemicals, plastic fabrication and pharmaceuticals
basic chemicals
water treatment chemical products
man-made fibres
plastic products: polypropylene and polyvinculchloride
medical (drips and syringes), manufacture of
active pharmaceutical ingredient
(APIs) for key anti-retrovirals (ARVs)
Manufacture of reagents for AIDS/HIV
diagnostics
Production of vaccines and biological
medicines
(n) Creative and Design Industry
Film studios, treaty film co-production
ventures, distribution infrastructure
Servicing of foreign productions
Production of film and documentaries,
commercials, stills photography and
Multi-media
Post-production
Design
Jewellery manufacturing and design
Fashion design
(o) Oil and Gas
Maintenance ship and rig repair
Fabrication – equipment and specialised
components
Exploration – onshore coal bed methane and
underground coal gasification
Infrastructure – refineries (Oil and GTL)
Infrastructure – terminals LPG/LNG import,
storage and distribution
Infrastructure – ports and associated
infrastructure
Infrastructure – storage
Logistics – pipeline
(p) Mineral beneficiation
Downstream processing and value addition
(q) Infrastructure Development
(r) ICT
Geoamatics and Digital media
Wireless and Telecom
Electronics
IT
Software Development
Advanced programming
List of undesirable Business in South Africa;
Businesses that import second hand motor
vehicles into the Republic of South Africa for the purpose of exporting to
other markets outside the Republic of South Africa
The exotic entertainment industry
Security Industry
Our team of professionals at SA Migration International will assist you and
help you to obtain your business visa for you.
South Africa is going through a very exciting stage at the
moment and there is lots of opportunity to be involved in this emerging economy
and the government welcomes anyone wishing to invest and create employment.
Especially for small business owners, the markets are extremely lucrative and
the government welcomes anyone who wants to invest.
ANC NEC raises concerns over challenges posed by migration in SA
EWN – 12 July 2022
South Africa’s growing agitation with undocumented African migrants has
long been a prickly issue, that some in the ANC describe as an albatross around
the party’s neck that must be resolved before the 2024 national elections.
JOHANNESBURG – African National Congress (ANC) national executive
committee (NEC) members have raised concerns over challenges posed by migration
in the country, with most praising Home Affairs Minister Aaron Motsoaledi’s
efforts in dealing with undocumented migrants.
Eyewitness News understands that NEC
members have also expressed support in favour of the minister as NGO, the Helen
Suzman Foundation, prepares for a legal battle against him over the decision
not to renew the permits of hundreds of thousands of Zimbabwean nationals once
they expire.
Affected permit holders will need to reapply for residency before the
end of the year or risk being deported.
The ordinary meeting, which also dealt with
Eskom, the Women’s League as well as the North West and Free State
provincial conferences, wrapped on Monday.
South Africa’s growing agitation with undocumented African migrants has
long been a prickly issue, that some in the ANC describe as an albatross around
the party’s neck that must be resolved before the 2024 national elections.
Eyewitness News understands that a report to this effect was delivered
at the NEC.
It’s understood that members during the heated session suggested the
tightening of its policies on this matter as some raised concerns around the
impact of undocumented migrants on growing crime in the country.
Former President Thabo Mbeki, who is said to have been present, is
believed to have cautioned members on their approach to the matter.
The leader, who is revered across the continent, is said to have called
for the organisation to be sensitive when dealing with this issue warning
against unintended consequences.
This growing tension around undocumented migrants has seen parties who promote
tighter border controls and trade regulations gain popularity.
Clement Manyathela spoke to Home Affairs minister Dr Aaron Motsoaledi
about the termination of the Zimbabwe Exemption Permits and the establishment
of the Border Management Authority.
The Department of Home Affairs is serious about introducing the Border
Management Authority (BMA) in South Africa.
It has been almost twelve months since the expiry of the special
Zimbabwean Exemption Permit (ZEP) was announced.
In November, the government announced the decision to discontinue the
ZEP.
The looming expiration of the ZEP has many Zimbabweans fearing
deportation.
This will affect some 178 000 Zimbabwean immigrants in the country.
WHAT WILL THE BMA DO?
According to the Minister of Home Affairs, Dr Aaron Motsoaledi, South
Africa has been facing challenges with border control.
He cited the country’s porous borders as the reason for the special
border authority being established.
The minister said the BMA sought to comprehensively control the
country’s borders with support from immigration control, customs control, the
South African Police Service, the South African army, the Department of
Agriculture and Land Affairs, the Department of Environmental Affairs and the
Department of Health.
The BMA will, thus, will have these entities operate under a single
structure controlled and monitored by an overall commander which Motsoaledi
said would help with accountability issues at the border.
In terms of operations, what happens at the border every day, you’ll now
have a commissioner who’s going to be bugging commands. That’s the main
difference we need the Border Management Authority, as against the multi-agency
method which we are using, now… You’ll know exactly who to go to. You’re not
thrown from pillar to post.
Dr Aaron
Motsoaledi, Minster of Home Affairs
THE FORMATION OF THE 1998 REFUGEE ACT
When the Refugee Act was established in 1998, Motsoaledi says that it
was formed under misinformed assumptions about how the borders need to be
managed based on the number calculated at the time of its formation.
This assumption came under scrutiny after the world went into a
recession in 2008 with the Home Affairs minister estimating that the number of
refugees surged from 16 000 in 1998 to upwards of 200 000 in 2008 and a further
200 000 in 2009 alone.
This prompted a reboot of the Refugee Act to accommodate the evolution
of the situation to deal with the shock to the country’s refugee apparatus,
something Motsoaledi says has taken Parliament 10 years to pass the revised
act.
It shocked the whole immigration system, the refugee apparatus, as I’ve
called them. It shocked them. They were overwhelmed… The normal mechanism of
dealing with refugees was overrun, it was overwhelmed… So, the Department of
Home Affairs, then, said ‘no, let’s have a special dispensation outside the
normal existing laws and mechanism to accommodate this present situation. It
will give us time to reboot, re-plan afresh’.
Dr Aaron
Motsoaledi, Minster of Home Affairs
THE MISGUIDED IMPACT OF THE REFUGEE ACT
So why was the design of the Refugee Act so unsuccessful in controlling
the country’s borders?
Motsoaledi argues that this is due to the act being designed, not by
South African conditions, but under the United Nations Convention of 1951 and
the Organisation of African Unity Protocol of 1969. This act, he laments, was
only designed four years after the establishment of democracy in the country.
The act divided incoming immigrants into separate permit sections:
Section 23 of the permit says that refugees
entering the country without a the necessary documents cannot be arrested
where refugees have up to five days to produce the relevant documentation
at the nearest refugee centre.
Upon getting the documents, refugees will then
begin a Section 22 permit which, then, gives them a document giving them
three-to-six months to apply for a permit. This document is subject to
renewal if the relevant documents cannot be provided within the
application period.
Once successful, refugees are granted a
Section 24 permit – which provides immigrants with international
protection as an official refugee of the country.
All those processes were designed four years after democracy when there
was no thinking of an avalanche, or a large number of people who were economic
migrants. That’s why in the Immigration Act, in the Refugee Act, or even in the
United Nations Convention, itself, the issue of economic migration was never
mentioned. It doesn’t appear.
Dr Aaron
Motsoaledi, Minster of Home Affairs
THE FUTURE FOR ZIMBABWEAN IMMIGRATION MOVING FORWARD
So what does this, ultimately, mean for Zimbabwean immigrants without
legally documentation of their refugee status in the light of the ZEP?
This, according to Motsoaledi, is more complex than people may realise.
The minister laments that the ZEP is a specialised permit for
Zimbabweans designed to legitimise their stay in the country.
The different conditions that may warrant a permit have seventeen different
permits which provides immigrants with more than the scarce skills permit to
apply for.
There are 17 different permits that home affairs can issue to
immigrants. They include the scarce or critical skills visa, a study visa, a
visitors visa, a relatives visa, a general work visa, a retirement visa, a
temporary residency visa, and a permanent residency visa.
Motsoaledi said from January 2021 to December 2021, Zimbabwean
immigrants account for 38% going to scare and critical skills visas, 25% going
to study visas, 15% going to general working visas, and 14% going to relative
visas.
This could possibly be the reason that the ZEP exists in the first
place, which Motsoaledi advocates should give Zimbabwean immigrants something to
ease their minds, particularly due to scarce skills not being the only
condition for them to be granted legal immigration status.
You look at which [condition] is suitable for you… I mentioned, in
January, that this is an advantage for certain people because when they were
given a special permit [previously], there was a clear condition that you were
not to apply for any other. Even if you get married, you can’t apply for
citizenship which is unfair
South Africa encourages permanent residency if you are serious about
staying in South Africa on a long terms permanent basis there are many
categories you can apply under.
Hold a General Work Visa for five years and
have a permanent job offer.
Hold a Relative’s Visa sponsored by an
immediate family member.
Hold a Critical Skills Visa and have 5 years
relevant work experience.
Be in a proven life partner relationship for
five years
Be married to an SA Spouse for at least five
years.
Have held Refugee Asylum Status for five
years.
Hold a Business Visa.
Receive a monthly income of R37,000 through
Pension or Retirement Annuity
Have a net asset worth of R12m and payment to
Home Affairs of R120,000
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.
Home affairs minister Aaron Motsoaledi has told parliament he wants
strong action taken against anyone found to be responsible for sabotaging
the Government Printing Works.
The minister was briefing parliament’s committee on home affairs on
Tuesday on the investigation into the loss of financial data and curriculum
vitae (CVs), as well as investigations by the Hawks into allegations of
corruption at the organisation.
“It worried me a lot because it can hold the economy of the country to
ransom. I was even more worried because I appeared before this committee to
announce to you the foothold that we had started to gain on the African
continent in the manner of servicing it.
It gave me
sleepless nights because that is a national key point where security is very
important. You wouldn’t like to have people who make things collapse
deliberately, for whatever motive and so, it was worrying.
Dr Aaron Motsoaledi, home affairs minister
“Namibia wants us to print important security documents for them and
subsequent to my announcement about Namibia, Kenya came on board and at a high
level. Presidents Cyril Ramaphosa and Uhuru Kenyatta, signed an agreement on
behalf of the GPW for work that is going to be done,” said Motsoaledi.
“Since then many governments have come to the fore. Last week I had a
meeting with the ambassador of the Democratic Republic of the Congo. The amount
of work they want us to do for the DRC is overwhelming.”
Motsoaledi said he asked himself if SA accepted offers made by these
countries, “are we going to disappoint them, especially on security issues when
they have put their trust in our hands, by virtue of some of the things that
are happening there (GPW)?”
He said the matter had given him sleepless nights after the collapse of
ICT systems at the GPW in February last year.
“There is a gentleman who has blown the whistle in an affidavit which
was sent to the office of the speaker of parliament. He claimed that what
happened there was not an accident, it is something that has been planned
either by omission or by commission.”
Motsoaledi said the statement concerned him.
“It gave me sleepless nights because that is a national key point where
security is very important. You wouldn’t like to have people who make things
collapse deliberately, for whatever motive and so, it was worrying.”
Motsoaledi’s concerns grew when the legal
profession was unable to finalise and execute estates because they could not
get certain documents they needed.
This is the reason he approached President Ramaphosa to ask him to
appoint an investigative tribunal into what was happening at the GPW.
Ramaphosa told him, that as a minister, he had “every right and power”
to appoint such a tribunal or panel.
“That is why I chose to appoint the panel (which was initially chaired
by advocate Mojankunyane Gumbi). The panel was to inspect the loss of data.
Members of the committee were told when they were there, that there was a power
surge (which damaged infrastructure) which they were supposed to investigate.”
The panel is now chaired by Papati Malavi.
Motsoaledi wants investigators to probe whether the lost data can be
recovered and if so, how.
“They were also meant to look at security. The committee was told by the
GPW about applications for jobs and CVs that were stolen. It will be
discouraging for South Africans to apply for jobs, only to find that their CVs
are selectively stolen.”
Motsoaledi said he too would not feel safe if he
applied for a job at that institution.
Investigators were meant to come up with recommendations and consequence
management.
“The most important recommendation was the issue of ICT governance,
digital transformation and the corporate and physical governance of the whole
institution by virtue of serving the countries I have mentioned.
“I wanted strong recommendations, so that when I come to you to boast
about the number of countries that are using GPW, I am reassured there are no
misdemeanours that will happen,” he said.
An intra-company transfer work Visa may be issued by the
Department to a foreigner who is employed abroad by a business operating in the
Republic in a branch, subsidiary or affiliate relationship and who by reason of
his or her employment is required to conduct work in the Republic.
An important factor is that the applicant has to have been employed with the
company abroad for a period of not less than 6 months.
The Intra company transfer is not designed to be a long term visa. The idea
is to bring in foreign workers employed by the company abroad with a branch or
subsidiary branch here in South Africa; they work or conduct training for four
years, and then return home.
This Visa does not require the hassle of proving the company could not find
suitable applicants and it does not require the hassle of verifying an
applicant’s formal qualifications. It is based purely on employment. If you are
a company that needs to transfer in foreign employers, please contact us and we
will make this go as smoothly as possible.
It is important to note that this category of work Visa cannot be granted
for more than four (4) years and this type of Visa is not extendable.
The Critical Skills Visa South Africa is for skilled workers whose
occupation is on the Critical Skills Visa List for South Africa. This list
reflects the occupations that are in demand in South Africa.
The newly published “Skills or qualifications determined to be critical
for the Republic of South Africa in relation to an application for a Critical
Skills Visa or Permanent Residence Visa”
This category of work visa may be issued to an applicant who falls within a
specific professional category or specific occupational class determined by the
Minister by notice in the Government Gazette. This is done after consultation
with the Minister of Labour and the Minister of Trade and Industry.
If an applicant falls within one of the professional categories listed on
the critical skills list and also has the appropriate post qualification
working experience in that profession then such applicant may qualify to apply
for this category of work Visa.
The applicant also needs to where applicable register with the relevant
South African professional accreditation body regulating that industry as
stipulated by Minister of Home Affairs. Such body must also confirm the
applicant’s skills, qualifications and working experience.
Furthermore, such applicant’s qualifications need to be evaluated relevant
to a South African level. An applicant for a Critical Skills Visa may enter
South Africa on such visa without having secured a job offer first. It is,
however, required of the applicant to confirm employment with the Department of
Home Affairs within a period of one (1) year upon arrival in South Africa,
failing which, the Visa would automatically lapse.
The Critical Skills Work Visa is tied to an individual and not to an
employer so under this Visa a person can leave from one employer to the next
without obtaining a new work Visa.
Please be
aware that the United Nations and member countries share information about
registered refugees or asylum seekers that travel internationally and so they
know for example a refugee or asylum seeker from say Somalia who travels from
South Africa to Kenya , then travels by plane Ethiopia on a second flight and
he travels on a another separate flight to Mogadishu Somalia or the other way .
The other one is Zimbabweans on Asylum seeker status they pick up the same
travel patterns
A healthy dose of scepticism is in order when
anybody begins to talk about population growth, writes the author.
As the world reaches a world population milestone, we need brave leaders
who believe in equality, and who see the coming challenges of food insecurity,
climate change and migration as something to fix for the benefit of all of
humanity and not simply to ignore, writes Mark Tomlinson.
On 11 July 1987, the world population reached 5 billion. In 2022,
another milestone is reached when there will be 8 billion on earth. In the
context of 8 billion, 5 billion may not seem particularly large. But this
belies the reality of exponential growth. In 1700, the global population was
600 million, in 1803, it was one billion, and as recently as 1960, there were
only 2.5 billion people in the world.
In 1989, to mark the 5 billion milestone, the United Nations
established World Population Day which
is observed on 11 July annually. The theme for 2022 is ‘A world of 8
billion: Towards a resilient future for all – Harnessing opportunities and
ensuring rights and choices for all’. This important, but the somewhat
benign theme, masks the extent to which debates and theories about ‘population’
have always been controversial and in equal measure, have attracted a rogue’s
gallery of racists, eugenicists, catastrophists and also well-meaning
demographers. In this piece, I will endeavour to show how a healthy dose of
scepticism is in order when anybody begins to talk about population – whether
over- (or as I will show) under-population.
One marker of recent attempts to understand and control population
growth dates to the 18th century when Thomas
Malthus argued that it is inevitable that human populations
will outgrow the available resources.
Sticky concept
In the early 20th century, demography and the burgeoning eugenics
movement forged a union to study population growth rates among different social
groups. This culminated in the formation in London in 1928 of the International
Union for the Scientific Investigation of Population Problems.
One of the consequences of the marriage between eugenics and
demography/population studies was the practice of forced sterilization in the
first half of the 20th century of thousands of women deemed to be
‘undesirable’. This took place largely in the USA and Canada but also in a few
Nordic countries. The association between the eugenics movement and the Nazis
during World War II put paid to any continuing influence that the eugenics
movement may have wished to have on population studies or anything else.
But the ‘problem of population growth’ is a sticky concept, and the
rather crude racist eugenic focus on differing population growth, simply
morphed into a more ‘acceptable’ focus on how to feed the world’s growing
population. Of course, ensuring there is sufficient food is the most
fundamental human question of all. But as always, this important question was
hijacked in the service of fear. Perhaps the most widely known book about the
‘population problem’ is the 1968 bestseller ‘The
Population Bomb’ by Paul Ehrlich. This was the fear book – the
one that warned of ongoing catastrophic worldwide famine.
Ironically, by the time Ehrlich published his book, the problem of how
to feed 6 billion people had largely been solved – by two German chemists and
the American agronomist Norman Borlaugh. It was the work of Fritz Haber and
Carl Bosch who found a way to transform nitrogen in the air into fertilizer.
Without fertilizer, feeding 5 billion people, let alone 8 billion people
would simply be impossible. But as always, when it comes to population,
controversy is baked.
Haber was massively ambitious and obsessed with being accepted as a ‘good German’, and so
turned his chemical genius towards finding a way to help Germany be victorious
in World War I. He invented mustard gas and directed the poison gas attacks of the trenches of World
War 1. And although he died in 1934, it was his chemistry that led to the
development and use of Zyklon B gas during the Holocaust. The other significant
contribution to the massive increase of agricultural output was that of Norman
Borlaugh, who was the ‘father of the Green Revolution’. He won the Nobel Peace
Prize in 1970.
As an aside, any act of writing about food and famine is always a
political act. It is impossible to talk about the technology that exists to
feed everybody without being struck by the terrible reality of a world filled
with hunger, malnutrition and famine when, in fact, this need not be the case.
As Susan George so eloquently described in her 1976 book ‘How the Other Half Dies: The Real Reasons for World Hunger’,
the problem is never simply about there not being enough food, but that half
the world eats most of, and wastes a great deal of food.
Ageing and declining populations
The latest iteration of the ‘population problem’ is recent concerns
about ageing and declining populations. Japan and many European countries have
low fertility rates and as a consequence, declining population. By some
estimates, China will reach peak population by 2030, and experts predict that
it will only have 600 million people by
the end of the century. Similar trends are likely throughout Europe, East Asia
and North America. As always, however, some of the dire projections have not
come to fruition with Japan, for example adapting well to its declining
population.
As expected, it is fascinating to see the latest iteration of the
‘population commentator’.
In 2021 Elon Musk spoke about his fears about under-population, and the
threat he believes it poses to civilization.
Of course, the juxtaposition of the word ‘civilization’ with ‘population’ in
the same sentence should always raise alarm bells.
Given that the world population is expected to reach 10.9 billion by 2100, and that the populations of
more than half of Africa’s 54 nations are estimated to double or more by 2050, it is difficult not to
interpret Musk’s statement being more about there being fewer of a ‘certain
type of person’, than people themselves. He is of course talking about white
North Americans and Europeans, and in his relentless pursuit of publicity,
notoriety, and ‘mansplaining’ is utterly naïve (perhaps unjustifiably I am
giving him the benefit of the doubt here) of how close he is to being the
richest spokesperson for the far-right racist great
replacement theory.
We need to remember the lesson that Fritz Haber offers us. A man blind
with ambition, a German Jew obsessed with acceptance and being a ‘good German’.
A man who saved billions from famine with his invention of fertilizer, but also
the evilest of men whose experimentation with poison gas directly led to the
invention of the unspeakable horror in the trenches of World War I and the
eventual murder of 6 million Jews during the Holocaust.
How can one of the greatest and one of the worst inventions of the last
100 years, sit within the same man. What might the lesson be for us? My
takeaway is a simple one. When politicians, academics, journalists and electric
car engineers pontificate about their latest population concerns, make sure you
read them with more than a healthy dose of scepticism – if not outright
disdain. It is highly likely they come from an ideological and fearful
place.
What we need are brave leaders who believe in equality, and who see the
coming challenges of food insecurity, climate change and migration as something
to fix for the benefit of all of humanity and not simply to ignore. We
absolutely do not need a billionaire intent on dominating the
Twittersphere.
A private jet registered in the name of Svetlana Medvedeva, wife of
former prime minister and president of Russia Dmitry Medvedev, landed in Cape
Town.
However, the operators of the Bombardier Global 5000’s return flight
were denied fuel by suppliers in Cape Town and were diverted to Lanseria.
The purpose of the flight remains a secret, but eyewitnesses spotted a
contingent of bodyguards and an entourage accompanying a stately older woman
with blonde hair.
Mystery surrounds a two-day trip in Cape Town by a
business jet registered in the name of Svetlana Medvedeva, the wife of former
prime minister and president of Russia, Dmitry Medvedev.
News24 can reveal the Bombardier Global 5000
private jet had to divert its return flight from Cape Town International
Airport on Wednesday to Lanseria International Airport outside of Johannesburg
because its operators were denied fuel by suppliers in Cape Town.
Medvedeva is a Russian economist, but it is not
known who was on board the flight operated by Russian air charter company
RusJet. The purpose of the flight that arrived in Cape Town on Monday last week
and departed again on Wednesday remains a secret.
The route of
the Bombardier Global 5000 private jet. (Screen grab via Flightradar24)
According to Airports Company of South Africa
(Acsa) operations manager Terence Delomaney, “we do not have any
scheduled Russian aircraft flying into our airports at the moment. Lanseria is
not an Acsa airport. All aircraft will need to ensure arrangements are made in
advance for fuelling. There are various suppliers available – some may apply
sanctions and others not”.
As a commercial airport, Lanseria buys its own fuel
and then sells it forward to all aircraft operators using the airport.
International oil and fuel companies might apply
the same sanctions in their countries of origin instituted against Russia,
which have affected flights from Russia internationally. The same applies to
the European and US airspace, which is closed for Russian air traffic.
According to the website www.airport-data.com,
the private jet is registered in Svetlana Medvedeva’s name.
RusJet is a Russian VIP charter company based in
Moscow. According to eyewitnesses at Lanseria, it was obvious there was a very
important person or people on board, judged by the contingent of bodyguards and
the entourage accompanying a stately older woman with blonde hair.
They said there were 14 passengers who disembarked at
Lanseria: the older woman; what seemed to be a private assistant; another two
women who looked after her needs; and four security guards, while the rest were
men in business suits who entered the aircraft just behind the older woman when
they got back into the plane.
The entourage was rushed into the VIP lounge, with
the security guards posted outside while the jet was refuelled.
It was obviously just a fuel stop before the jet
departed late Wednesday afternoon again. According to Flightradar24, the jet arrived
in Cape Town on Monday via Cairo in Egypt. It followed the same route back,
re-routing through Botswana.
The route of
the Bombardier Global 5000 private jet. (Screen grab via Flightradar24)
According to Africa Intelligence, up to March, the
aircraft had been registered in the state of San Marino and is part of Skyline
Aviation’s fleet.
According to an investigation by the Italian daily Corriere della Sera, “Skyline is a
charter company based in the small Alpine republic, with strong ties to the
Russian elite and currently in liquidation. Its aircraft – including the one
seen in South Africa – regularly flew former Russian prime minister and
president Dmitry Medvedev’s wife, Svetlana Medvedeva.
“Skyline has been under US sanctions since 2
June due to its links with Russia,” the publication reported.
It’s unclear if the passenger(s) were in South
Africa for government or private business.
International Relations and Cooperation Minister
Naledi Pandor was in Indonesia attending a two-day G20 meeting of foreign
ministers.
Vincent Magwenya, spokesperson for the presidency,
referred enquiries to Pandor’s department, which did not respond.
The Russian embassy in Pretoria said it had no
information regarding the flight.
The Moscow Times in 2019 reported that “Medvedeva
secretly owns a $50 million Bombardier small business jet that she uses to fly
to Europe and Russian cities”. The claims were made by Alexei Navalny,
opposition leader who survived a poisoning attempt in 2020 and has been
imprisoned since January 2021.
Navalny claimed Medvedeva undertook 11 trips to
various destinations from 2015 to 2019 with the jet which was paid for by the
Russian government. She was described as a socialite who appeared on various
best-dressed lists prior to becoming Russia’s first lady in 2008. She completed
her studies as an economist but gave up her career when she married her
husband.
Medvedev made headlines last week when he invoked
the possibility of nuclear war if the International Criminal Court moves to
punish Moscow for alleged crimes in Ukraine.
Medvedev was President Vladimir Putin’s stand-in
president between 2008 and 2012 and now serves as deputy head of the Security
Council of Russia.
Russian
former president Dmitry Medvedev (L) and first wife Svetlana Medvedeva arrive
at the Phipps Conservatory for the G-20 Summit on September 24, 2009 in
Pittsburgh, Pennsylvania. (Photo by John Moore/Getty Images)
The question remains of what urgent business the
aircraft’s passengers were in Cape Town for, for them to undertake a long and
tedious flight to avoid the European skies Russian aircraft are currently
banned from.
Sources in the oil industry told News24 the most
logical explanation would be that it involved Russia’s attempts to find buyers
for its crude oil, which it currently has in abundance, but can’t sell due to
international sanctions.
In recent weeks various news reports speculated
that South Africa has massive crude storage tanks at its facility in Saldanha
which Russia might eye as a possible storing space for its crude. At least two
oil tanker ships from Russia were recently suspected to call at Saldanha, but
when their presence came under the spotlight, the ships both headed around
South Africa towards the United Arab Emirates.
Another source says there are also discussions
underway to source Russian fuel via China or India. With South Africa part of
the BRICS government, it can freely trade with both Russia, China and India,
especially with the fuel crunch the country is currently facing.
The UK is opening new routes
to British citizenship for thousands of people who may previously not have
qualified, says specialist migration firm Sable International.
The changes mean that if you have a parent, grandparent or great
grandparent born in the UK or a former British territory, you could now have a
claim to British citizenship.
The British Nationality and Borders Act 2021, which received
Royal Assent on 28 April 2022, has far-reaching effects, said Mishal Patel,
director of Citizenship and Immigration at Sable International.
“In the past, many have been denied nationality rights from
their maternal line because there has been no change in the law. If you can
prove that you, your parents or your grandparents would have received British
citizenship under this new law, were it not for that gender discrimination, you
can now receive your British citizenship.”
Examples of these types of discrimination are:
Gender
discrimination in previous British nationality law
The new law is meant to combat the historical unfairness and
injustice in earlier British nationality laws.
In the past, if your ancestors, who were born in the UK, were women,
you as their descendant were not able to become a British citizen.
British
citizenship by descent for those born out of wedlock
Historically, you could not claim British citizenship through
your father if your parents weren’t married at the time of your birth.
This discrimination was partly fixed in legislation that came
into effect on 1 July 2006. If you were born after that date, the fact that
your parents weren’t married is not relevant. However, with this new
legislation coming into effect, people born before 1 July 2006 no longer have
to make a special application for citizenship.
“These legislative changes will also apply to those who could
have claimed British Overseas Territories citizenship (BOTC) had this
discrimination not been in place. By becoming British Overseas Territory
citizens, they would then be allowed to become full British citizens in certain
situations.
“Simply put, if you would be a British Overseas Territory
citizen if your parents had been married, you will now be able to make this
claim,” said Patel.
What
does this mean for British nationality going forward?
While the law is complex and, in some circumstances, relevant
events could span many generations, Patel noted any of the following apply, you
could have a claim if:
You
were married before 1 January 1983 to a spouse who could (or should) have
been British;
You
have a UK-born grandmother and were born before 1 January 1988 in a
country defined as a “foreign country” (which included South Africa after
30 May 1962);
You
have a UK-born grandmother, and your relevant parent spent at least three
years in the UK before your birth;
You
were born between 1 January 1949 and 31 December 1982 and have a
grandparent (but not a paternal grandfather) born in the UK.
“The examples above represent a tiny proportion of the solutions
available and so it is vital that you complete our free British Citizenship
Assessment to determine if you have a potential claim,” Patel said.
As a general rule, you should explore your rights to British
nationality if you:
Were
adopted;
Have
a UK-born grandparent or great grandparent;
Have
a parent or grandparent born in a former British territory;
Were
married before 1983 to a person who had a family link back to the UK or a
former British territory.
It is expected that this new law’s commencement date will be
later this year, around October, Patel said.
From January 1 2023, hundreds of thousands of Zimbabweans and their
children will no longer be able to live, work and go to school legally in the
republic
Three Zimbabweans who held Zimbabwean exemption permits (ZEPs), which
the SA government has now scrapped, share their anxiety and anguish as they
face deportation, uprooting their lives and children and starting all over
again in Zimbabwe, or continuing to live here as undocumented migrants.
Shepherd Muroyiwa is one of about 178,000 Zimbabweans affected by the cabinet decision not to renew the ZEP,
which expired in December 2021. ZEP holders were given until the end of
December 2022 to legalise their status in the country by other means. For most
this is not possible.
Muroyiwa runs a market in Parow, Cape Town, that sells fresh produce
popular with immigrants — spinach, covo, rape, pumpkin leaves, okra, Mazoe
orange crush concentrate, kapenta fish and mopani worms.
“There are no other people [here] selling what I specialise in. Moving
to Zimbabwe would mean the death of my family’s livelihood,” says Muroyiwa. “It
is like walking into darkness. We don’t know how we will survive.”
Muroyiwa started his business in 2009.
“We are only filling the gap and augmenting the SA economy. We can’t be
accused of taking business from the citizens … There is empty space [a stall]
right next to me. Why are they [South Africans] not taking it?
“If a South African takes over my business, to whom he is going to sell?
As immigrants we have common foods we eat, and we sell to each other,” he says.
A preschool principal, who has been living in SA for 13 years and asked
not to be identified, says she had hoped to get a waiver. A waiver allows the
department of home affairs to disregard certain requirements for permission to
stay, such as when an employer can prove they advertised for a job but no South
Africans qualified.
She applied for a waiver from home affairs in December, but she has
never even received a response. She followed up in February but was told she
cannot start a new permit application until she gets a response.
She is anxious. She has copies of rejected waivers other Zimbabweans had
received.
Relocating, she says, would be starting from zero.
“If we sell our belongings, it’s not going to be purchased for the
actual value,” she says.
“My 12-year-old child speaks English and Afrikaans only. How is she
going to be integrated in Zimbabwean government schools? … Children who have
already moved to Zimbabwe are stressed. The adjustment is going to be huge.”
It is like
walking into darkness. We don’t know how we will survive
Shepherd Muroyiwa
Another ZEP holder, who also asked to stay anonymous, teaches grade 5
maths. Only grade 8 to 12 maths teachers qualify for critical skills.
“I will lose my job … Mentally it’s eating me up, trying to think how I
am going to survive,” he says.
He used to teach in a rural school in Zimbabwe but fled political
violence in 2008.
“I had to run away from home, sleep in the mountains and eventually I
came to SA. I had to sleep in a queue, braving cold, rainy weather for days
before I got asylum, which I renewed every six months before the government
implemented DZP [now the ZEP.]
“So, since then, I was on that permit. I got a teaching job in 2016. Before
that I worked for a property management company. I then studied a BA in
environmental management with Unisa and completed it last year,” he says.
He has two sons at university, a third in high school and a daughter in
primary school. He says he has loans, furniture accounts and a mortgage to pay.
But without legal status his bank account will be closed.
“I don’t even want to imagine it,” he says.
He says he will never get a job in Zimbabwe’s civil service.
“I would rather live here undocumented and I will only go when they
deport me. This means I am turning myself into … a criminal to run away from
law enforcement and home affairs officials, which is something that should not
be happening to a professional person like me. Surely, the situation leaves me
with no choice but to live under the radar?” he says.
“We are in this position because of this brotherhood in Africa where
presidents are shielding one another instead of rebuking when they go astray.
If SA had done the right thing from the beginning, we might not have been here
or stayed this far,” he says, presumably referring to former president Thabo
Mbeki’s policy of “quiet diplomacy” towards Zimbabwe in the 2000s, which many
believe gave Zanu-PF, Zimbabwe’s ruling party, a free hand to loot the country.
Activist Anthony Muteti says: “The situation has not improved in
Zimbabwe. The SA government has not done enough to make … Zanu-PF accountable.
They declared the election in Zimbabwe free and fair when people were
intimidated and murdered.
“A lot of Zimbabweans are going to come back undocumented … The
intensification of security at the border is not going to work; it is a dream,
a fantasy. I come from a province close to SA where people used to walk to SA
for so many years. Our forefathers have established families; it will go on
forever.”
Julius Shamu, a Zimbabwe community leader, says: “As for the claims of
Zimbabweans taking jobs from South Africans, I do not agree. How would people
working for themselves take jobs from South Africans? How can you tell a person
who has been living in the country for more than 10 years to go back to his
country without proper planning?”
He says the Helen Suzman Foundation’s challenge to
the government’s decision to not renew the ZEP gives Zimbabweans some hope. At
least there are people and organisations fighting on their side, he says.
The Department of Home Affairs have arrested undocumented immigrants in
raids on trucking companies in Cape Town on Friday morning.
An SA Trucker working for Belogix confirmed that two undocumented yard
workers were arrested at the company while another one was nabbed at the
neighbouring Milltrans.
South African truck drivers have always been complaining of the high
numbers of undocumented foreigners employed in the trucking industry.
The DHA in response have raided trucking companies in search of the
illegal immigrants in recents months. In Friday’s raid, preliminary information
suggests that only yard workers were arrested and no truck drivers were
arrested.
At the start of June, Home Affairs minister Aaron Motsoaledi announced a
complete overhaul of South Africa’s immigration system. The first area of
change is long-term visa applications by foreign nationals wishing to stay for
over three months in South Africa.
However, these changes have already caused a backlog in
processing visa applications, say legal experts at Webber Wentzel.
“Visa submissions by this group previously went through Visa and Permit
Facilitation Centres (VFS Centres) or through South African Missions. Then, one
of the two centres would process applications and send the outcomes directly to
the foreign national.
“Going forward, these visa applications will be processed through a
centralised adjudication system to achieve consistency and uniformity in the
visa adjudication process.”
The new system effectively works as follows:
A foreign national will still apply through
the VFS Centre or South African Mission, but these two institutions will
scan and email the application to the Department of Home Affairs (DHA)
office, headquartered in Pretoria.
The department’s adjudicating team will
receive the application and verify the documents.
A recommendation will then be drawn up, and
the application, along with the recommendation will be sent by the
department to the director for quality assurance.
The director must confirm that compliance has been
met, they make a further recommendation as to whether to approve or reject
the application.
The chief director or the director-general
receives the recommendation and makes the final decision to approve or
reject the application.
After this decision is made, the application
is sent back to the adjudicating team to capture the decision and upload
what is known as the manual route cover, which includes the decision, onto
the system.
The outcome is thereafter printed and routed
back to the director-general to sign off.
The final document is captured on the Movement
Control System (MCS) which is the system that facilitates the entry and
exit into a country by a foreign national. It is a digital system that
records entries and exits and is also used to view a person’s complete
travel history, records, and corresponding documents.
The outcome is finally dispatched to the
original High Commission or VFS Centre.
Problems
Webber Wentzel noted that the department cannot confirm how long
processing times will take in the new system, however, given challenges such as
staff shortages and rotational work arrangements, frequent system failures,
communication issues, and existing backlogs, an initial delay in processing
times may result from the change.
“On 27 June 2022, the DHA introduced temporary measures to address the
impact that the increased backlog in processing visa applications has on
foreign nationals. The measures provide a blanket temporary extension of
foreign nationals’ current visa status until 30 September 2022 for those
awaiting visa application outcomes.
“Foreign nationals who wish to abandon the process and leave the country
instead may also do so until 30 September 2022. Following the Minister’s
announcement on 8 June 2022 in respect of the immigration system, it is likely
that further official changes will be revealed in the coming weeks.
The ministerial review panel which investigated maladministration at the
Government Printing Works (GPW) has found that there was a failure of
management and supervision that led to the crashing of the server at the
institution.
“All of this accompanied by a lack of support and maintenance contracts
with service providers for the servicing of ICT-related equipment.
“Underpinning these issues, however, is a failure of management and
supervision at various levels which are the ultimate cause of systemic failures
at the GPW,” said panel chair Papati Malavi.
Home affairs minister Aaron Motsoaledi and his team briefed parliaments’
committee on home affairs on the investigation on the financial data and loss
of curriculum vitae (CVs) at GPW and an investigation by Hawks on the
allegations of corruption levelled against the chief executive officer of the
organisation.
Malavi said on February 4 2021 the server supporting corporate services
and e-gazettes at GPW crashed.
“The crash resulted in the loss of critical data, a part of which, the
ministerial review panel has been informed, may never be recovered. ICT
division staff members informed the panel that the crash was caused by a surge
in electricity when power resumed after a blackout/load shedding.”
However upon investigations with Eskom and City of Tshwane, it was
established that there was no power outage on the said days. Subsequently it was
discovered that the surge was caused by non-compliant electrical installations
at pavilion 2, which housed the crashed server.
Therefore, he said: “The panel’s key direct finding is that the incident
of 4 February 2021 was caused by poor maintenance of the ICT infrastructure due
essentially to the fact that the CIO and his team did not know how to perform
proper functions on the server.”
Malavi said this included the loading of discs, scrubbing them before
loading new data, ensuring that there was proper back-up should there be a
problem “because ICT equipment does fail”.
On consequence management, he said, disciplinary action should be
considered against the acting CEO during 2017/2018, Thandi Moyo, in relation to
“acting in reckless disregard of GPW business continuity in approving the
business case for the termination of the contracts of the service providers who
provided the outsourced ICT skills and thus putting GPW’s business continuity
at risk”.
He said disciplinary action for gross negligence
should be considered against the chief information officer, Anele Apleni, as
head of ICT. Apleni resigned after he was confronted with the damning
allegations this year.
Former chief financial officer Josephine Meyer should be cautioned for
her decision to appoint Kuberndran Moodley for two positions, namely the bid
adjudication committee and bid evaluation committee, “which practice is against
the principle of good governance, especially the code of conduct for bid
adjudication committees issued in 2006 by the National Treasury,” said Malavi.
Disciplinary action should also be considered against the head of
security for identified security breeches.
“Disciplinary action should be considered against the deputy director in
infrastructure specialist, Kobus Bezuidenhout, and the deputy director database
specialist, a Mr Jakuj, for failing to ensure that replacement disks to the
crashed server were scrubbed and that data centres were adequately backed up,”
Malavi told MPs.
He added that Bezuidenhout had since resigned from GPW.
Motsoaledi welcomed the recommendations, saying he will personally make
sure that they are implemented and that a number of shortcomings were being
dealt with.
He said he became suspicious when people like Apleni resigned after
being confronted.
“I needed to stop it but I consulted experts who said you can’t stop a
person from leaving an institution if they want to leave. We need to find a
recourse to the law for somebody who makes damage and then leaves.”
While the panel did not find “a smoking gun of sabotage”, it found
that there was gross negligence at GPW.
“In my view you can sabotage an institution by neglecting the things you
are supposed to do and gross negligence can be a form of sabotage but
unfortunately I cannot point out that there was sabotage. I made those comments
on the assertion of somebody who was working there that this was an accident
waiting to happen and that people were aware of it.”
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Pretoria – The Department of Home Affairs has dismissed two employees
for fraud relating to selling of South African identities to foreign nationals
who did not deserve the documents.
“Another four officials have been suspended for similar offences. Mr
Phathisani Outshiki, from the Benoni office, was found guilty of gross
misconduct for processing 111 documents for undeserving foreign nationals using
particulars of South African citizens for a fee of R1 000 per application,”
said Home Affairs spokesperson Siya Qoza.
He said 98 of these documents were passports and 13 were identity
documents.
“Mr Outshiki pleaded guilty and he was subsequently dismissed. However,
he is appealing his dismissal. Mr Morena David Motsamai, from the Germiston office,
was found guilty of gross misconduct in that he processed 13 passport
applications for undeserving foreign nationals using particulars of South
Africans,” said Qoza.
“He was paid between R2 500 and R5 000 per application. Mr Motsamai
pleaded guilty and did not appeal the sanction. He was subsequently dismissed.”
Qoza said the police were pursuing criminal charges against Outshiki and
Motsamai.
“In addition, the police are tracking the South Africans who sold their
identities and the foreign nationals who wanted to buy South African documents
they do not deserve. Fortunately, all the fraudulently processed IDs and
passports were flagged as fraudulent and were removed from Home Affairs records
thus rendering them useless and unusable by the people who acquired them,” said
Qoza.
He said none of these documents were ever used.
On Friday, the department suspended four officials at the Tzaneen office
who were allegedly processing fraudulent documents.
Their disciplinary hearings are scheduled to take place within 10
working days.
“All six officials have been on the radar of the Home Affairs Counter
Corruption Branch without their knowledge and them suspecting anything hence it
was easy to catch them.”
Home Affairs Minister Dr Aaron Motsoaledi has warned that the ongoing
intensive fight to root out corruption at the national department will continue
without fear.
“We shall fearlessly and ruthlessly root out corruption wherever it
rears its ugly head. I have no doubt that with support from members of the
public who are patriotic enough to report these corrupt practices, we dare not
fail but win this battle,” said Motsoaledi.
He said his department was on the trail of more home affairs officials
“who are involved in these shameful acts and will continue to arrest them”.
The minister again urged South Africans to stop selling their identities
to foreign nationals.
“If you sell your identity, you are replaced by a foreign national on
our database which means that you will not be able to access services in the
country,” said Motsoaledi.
Cape Town – Forged bank statements, insufficient funds on submitted bank
statements, fabricated invitation letters and falsified hotel reservations are
just some of the reasons South African missions abroad rejected 98 000 tourist
visa applications from around the world.
Home Affairs Minister Aaron Motsoaledi shared a document which showed 98
760 tourist visa applications had been rejected during the 2021/2022 financial
year.
The figures were collated from South Africa’s embassies, consulates, and
other diplomatic posts abroad.
Motsoaledi shared the reasons and the statistics in a written
parliamentary response to a series of questions asked by DA parliamentary
tourism spokesperson Manny de Freitas.
Yesterday, De Freitas said that – based on the minister’s reply – he
would be asking more questions to find out the exact circumstances.
“I’m saying there are many applicants and I want to know why they are
being rejected.”
He said South Africa’s tourism figures were simply not good enough and
it was important to understand that the country had many competitors for
tourists.
“I don’t believe that the Tourism Department is as aggressive as it
should be in trying to regain our pre-Covid-19 tourism figures,” said De
Freitas.
He said the reply didn’t talk about things like red tape, which he said
was one of the issues he had phone calls and emails about from tourists and
tour operators.
Despite this, however, Statistics SA’s (Stats SA) latest data show that
overseas tourist arrivals continued to recover in April, but remained below
pre-pandemic levels.
In April, 1.6 million travellers, including arrivals, departures, and
those in transit, passed through South Africa’s ports of entry and exit.
Of these, more than 600 000 were South African residents and a million
were foreign travellers.
Statistician-General Risenga Maluleke gave the breakdown of the tourists
by region as: 119 518 from overseas; 304 123 from the SADC countries; and 6 964
from other African countries.
He said the country of residence of 771 tourists was classified as
unspecified.
Meanwhile, quoting Wesgro’s May 2022 report, Finance and Economic
Opportunities MEC Mireille Wenger said the May 2022 statistics confirmed that
the recovery of tourism in the Western Cape was continuing.
Wenger said this was good news for the Western Cape’s tourism and
hospitality sector, which employs tens of thousands of residents across the
province.
“Considering that this period covers the start of our historically low
winter tourism season, these statistics certainly give hope to a sector that
has been among the hardest hit during the pandemic,” said Wenger.
She said now that the remaining restrictions had been lifted, she was
hopeful that these upward trends would continue.
“We do, however, need to acknowledge the possible impact of the rising
price of petrol and the grounding of the Comair fleet,” she said.
Ever since the eruption of widespread xenophobic violence in 2008, the widely deployed claim that “foreign nationals are taking our jobs” is now accepted as fact by many. But statistics and research prove the opposite.
In and among the plethora of other claims directed at international
migrants, such as being disproportionately responsible for crime and more
particularly drug dealing, that of “taking jobs” has now come to dominate the
general discourse of the latest crew of xenophobes.
These include Herman Mashaba and ActionSA; the Gayton Mackenzie/Kenny Kunene
duo of the Patriotic Alliance (PA); the misnamed African Transformation
Movement; the putative uMkhonto we Sizwe Military Veterans Association (MKVMA);
the social media scoundrels of “#PutSouthAfricaFirst”; the so-called “RET”
faction of the ANC; the ministries of home affairs and labour; and the most
recent addition of political performance artist Nhlanhla Mohlauli and his
“Operation Dudula” rent-a-crowd.
In one form or another, they have all engaged in an all-out propaganda war
grounded in a concocted, pre-packaged and false narrative of “foreign
nationals” as job-stealing villains.
Not only has such a narrative found fertile ground among significant
sections of South Africans who are economically poor and politically
marginalised, it has now been given some legislative content through the
recently introduced National
Labour Migration Policy (NLMP).
This policy will now “reserve” certain economic sectors for those who hold
South African citizenship and set quotas “for the employment of documented
foreign nationals in major economic sectors”.
This “job-stealing” propaganda package is, at one and the same time,
de-historicised, deceitful and dangerous.
False narratives
One of the crucial ingredients that sustains the false narratives of
right-wing, populist demagoguery is the manipulation of history and facts,
wherein political and socioeconomic context and content are selectively and
manipulatively remembered and applied.
In this case, the xenophobes want people to forget or simply ignore the
reality of a post-1994, anti-poor and anti-worker economic policy framework and
practice (by both the public and private sectors) that has, over the past 25
years, led to the casualisation of work becoming the dominant feature of South
Africa’s world of work landscape; and no more so than for international
migrants.
It is this consciously planned and seismic shift in the world of work that
has fed a continuous and intensified attack on the working conditions and
quality of life for the vast majority of the workforce in South Africa, whether
citizen or international migrant.
This has been further abetted by several other historical developments: the
failure of the ANC-run state (at all levels of government) to solidify and
sustain the provision of basic services and needs; the profit-at-all-costs,
divide-and-conquer approach of employers; the proliferation of local economic
and political mafias operating in the small retail and housing spaces; and
foreign policies and actions in the region that have privileged support for
oppressive political regimes and contributed to the destruction of local
economies.
A comprehensive
statistical study carried out by the Studies in Poverty and Inequality
Institute in 2017 found that the “fastest rise in employment since 2008 has
been in the informal sector”. The National
Labour and Economic Development Institute estimated in 2019 that between
2000 and 2017, non-permanent work increased by an incredible 371%.
This historical trend has only been turbocharged by the past two years of
pandemic-related socioeconomic austerity, out-of-control profit gouging and
nationalist economic chauvinism.
Casualised work
Not surprisingly, it is this ever-expanding and hugely precarious world of
casualised work — encompassing both the “informal sector” and certain parts of
the formal sector — that “houses” the vast majority of international migrant
workers.
These workers (including those fortunate enough to actually have the
relevant documents) most often find themselves in positions of unstable,
precarious employment.
This entails working for unscrupulous employers without any labour or legal
protections, unable to access benefits, toiling for long working hours, being
physically and otherwise abused, becoming indebted and earning very low
wages.
Making matters worse for the majority is the general dysfunction and
corruption of the Department of Home Affairs, which renders them “illegal” due
to not having or being unable to access or renew the appropriate
documents/permits.
This reality, alongside the limited availability of up-to-date statistics,
makes it difficult to fully determine the number of international migrant
workers in the country, not to mention associated work demographics and
location.
Damn lies
Nonetheless, what is crystal clear is that the wild claims of tens of
millions of undocumented/“illegal” international migrants flooding South
African society and in the process, taking large numbers of jobs away from
South African citizens, are nothing but damn lies.
Casting an eye over the past decade or so, a 2016
study by the South African Migration Programme found that “despite
speculation about the penetration of migrant entrepreneurs in the informal
economy, only 20% of informal economy business owners had moved to Gauteng [the
province with the most international migrants] from another country. This means
that fully 80% of informal enterprises in Gauteng are South African-owned”.
The study also stated that in respect of the entire workforce in Gauteng,
82% of the working population (ie 15-64 years old) were non-migrants, 14% were
domestic migrants who had moved between provinces and just 4% could be classed
as international migrants.
Moving forward, a comprehensive
study by the African Centre for Migration & Society — using figures
from StatsSA — found that there are two million international migrants (ie
those who are foreign-born) of working age (15-64) in South Africa. This
represents 5.3% of the entire labour force, most of whom are more likely to be
informally employed.
More recently, in late 2021, Statistician-General Risenga Maluleke
(responding to the latest claims of xenophobes) had
the following to say: “If one uses the output of foreign-born persons
enumerated in Census 2011 and adds to it the net international migrants for the
period 2011-2016 as well as the period 2016-2021 from the 2021 mid-year
population estimates one would get an estimation of 3.95 million persons. This
includes migrants of all types and is collated regardless of legal status [and
age].”
Specious arguments
Besides blowing the generalised statistical lies of the xenophobes out of
the water, all cumulative evidence gathered by professional/academic
researchers over the past decade also destroys the equally specious arguments
made by xenophobes that international migrants are a drain on the economy
because they are not paying taxes and are abusing social/health services
etc.
The truth is that a majority of international migrant workers actually have
made and continue to make a positive economic contribution by providing jobs,
paying rent, paying VAT and providing affordable and convenient goods.
It is hugely worrying that the bald telling of lies — whether here in South
Africa or elsewhere — is fast becoming politically and socially mainstreamed.
But it is beyond tragic that these lies are increasingly acting as the
fire-lighters of intensifying conflict and violence, whether framed by
xenophobia, gender, ethnicity, religion or sexuality.
As history has taught us, the more often lies are repeated, the more likely
it is that increasing numbers of people will come to “believe” them and act ac cordingly.
This is extremely dangerous.
Let us never forget what lies, repeated often and loudly, can incubate and
feed. DM
Foreign nationals whose applications for asylum in
South Africa were rejected do not automatically have the right in law to
reapply.
If they do, this will allow for a never-ending
cycle of asylum applications, according to a judgment by the Western Cape High
Court.
This followed an application by three Burundian
nationals who applied for asylum in South Africa.
Their applications were rejected as being
manifestly unfounded in terms of the Refugees Act.
The refusal was automatically reviewed by the
Standing Committee for Refugee Affairs, which confirmed the finding.
The women subsequently turned to court to obtain an
order directing Home Affairs and its various arms dealing with asylum issues,
to accept a second asylum seeker application made by each of them.
Their main objective to remain in South Africa was
because they wanted to study and work here, while one of the women said she
came here “to find her husband”.
According to them, the act makes provision for
foreign nationals to reapply for refugee status after their first application
has been turned down.
Each of them earlier applied for asylum status in
South Africa, but their applications were turned down, as their reasons for
wanting to stay in South Africa were said to be unfounded.
In terms of the Refugee Act, a person qualifies for
refugee status if it is proven that their lives would be in danger if they were
to be sent back to their country of origin.
But in this case, home affairs officials noted that
peaceful elections were held in Burundi in 2020 and many Burundian refugees had
voluntarily returned home, so the women were not in danger if they went back.
The women accepted the rejection of their first
asylum applications and did not take it on review. But they said that they were
entitled, in terms of the law, to reapply.
Judge Hayley Slingers said the women were told to
leave the country when their asylum applications were turned down in 2014, yet
they chose to remain illegally in the country.
They now wanted the court to force Home Affairs to
accept their second application.
They want to base the second application on
allegations that their lives would indeed be in danger if they were forced to
return to Burundi due to the government there.
According to them, the act is “an open system
designed for vulnerable people to apply for asylum”.
They also argued that their interpretation of the
act is that it does not matter how any times someone applied for asylum status
after being refused, and that while the application is pending, they may not be
kicked out of the country.
But Judge Slingers said this interpretation is
problematic, as it would mean an asylum seeker could keep on submitting
applications if the previous ones were refused, while remaining in South Africa
all the time.
“There would then be no need to be granted asylum
as the asylum seeker need only continuously apply for asylum, to be granted the
right to stay in the RSA.”
The judge turned down their application and said
the act did not automatically give asylum seekers the right to reapply.
She said when their asylum applications were
refused and this was confirmed by the committee, they reverted to the status of
being illegally in the country.
Heavy visa restrictions are now a thing of the past.
South Africa has seen many of it’s Covid-19
restrictions eased, opening up many tight restrictions that were
previously already put in place.
According to BusinessTech, the
opening of international borders, the resumption of international flights and a
high vaccination rate has contributed to the increase in outbound travel
for South Africans.
VFS Global, the world’s
largest visa outsourcing and technology service specialist, has reported an
increase in visa applications from South Africa over the last six months.
Travel destinations like Australia, Canada and Schengen regions are all seeing a positive
incline in applications for international travel.
Some countries accept visa
applications up to 90 days before the date of travel.
International flight well underway for SA citizens.
So be sure to book your Visa way in advance to avoid any complications
or long queues.
You will need your identification card as well as several other
documents when applying for a visa.
When South Africans cry out over unlawful activities often carried out
by immigrants in the country, many individuals term them as being xenophobic
and unwelcoming towards immigrants in our nation.
The call for the deportation of illegal immigrants being made by South
Africans is a genuine one even though the approach might be wrong. Our country
has gradually deteriorated to a level that anything can go whether legal or
illegal, but we must commend our security operatives for putting in their best
to ensure that the country is still inhabitable for citizens.
Meanwhile, it is no longer new that a particular office was raided in
Park Station yesterday where mini Home Affairs operations is
being carried out. The owner of the place actually engages in manufacturing of
fake South African document ranging from SA business permit, South African
passport, Visa stamping, residents permit and so on.
However, the picture of the office owner has surfaced online and I think its necessary to bring it to my
wonderful readers to see. Before then, it is pertinent to note that he is a
Zimbabwean who has issued thousands of fake documents to illegal immigrants to
enable them live and work in the country.
He uses illegal stamp in authenticating the documents.
View pictures in App save up to 80% data. Tens of
thousands of Zimbabweans could be sent back over the border, in just six
months’ time – Photo: Chris Robert / Flickr
Home Affairs have welcomed the withdrawal of an application to challenge
a controversial ZEP policy being pursued
by the ministry. On Friday, it was confirmed that a legal attempt stop over 178
000 Zimbabweans had fallen flat – giving Minister Aaron Motsoaledi a huge
boost.
What is the ZEP? Home Affairs in huge court victory
The Zimbabwe Exemption Permit (ZEP) was given to tens of thousands of
Zimbabweans who fled the country over a decade ago. The deteriorating economic
and political situation back in 2008 forced many residents across the border to
flee to South Africa.
They were welcomed in under the special ZEP route. However, Aaron
Motsoaledi is hellbent on repealing this permit, and wants all Zimbabweans on
these visas to reapply for residency through Home Affairs. Needless to say,
this has caused an almighty stir.
Protests and criticism have been rife since the policy was announced
earlier this year. Zimbabweans were given a grace period of 12 months to get
their paperwork in order. Otherwise, by the start of 2023, they could be
deported for remaining in Mzansi illegally.
Zimbabweans on ZEP visa ‘face deportation’
There will no doubt be more barriers for Motsoaledi and Home Affairs to
come. But, for the meantime, another obstacle has been cleared, and the
department will continue to try and enforce a policy that is rooted in
contentiousness.
“The Department of Home Affairs welcomes the withdrawal of the
application filed in court by African Amity NPC and Zimbabwe Permit Holders
Association under case no. 51735/21 on 14 June 2022.”
“The matter involved the challenge in court of the decision of the
Minister of Home Affairs not to extend the exemptions granted to Zimbabweans.
Sense seems to have prevailed – and the department’s doors are always open for
constructive engagement with Zimbabwean nationals.”
Statement
from Home Affairs
[READ] Press statement on the
withdrawal of the application launched in the Gauteng division, Pretoria, in
connection with the Zimbabwe Exemption Permit —
HomeAffairsSA 🇿🇦
(@HomeAffairsSA) July 1, 2022
How
can we help you , please email us to info@samigration.com
whatsapp message me on:
Minister in the Presidency, Mondli Gungubele, says Cabinet has welcomed
the fruition of major investments and achievements made by local and
international companies in the country.
He was on Thursday briefing media on the outcomes of the Cabinet meeting
held on Wednesday.
“South Africa welcomes investments into our country and is committed to
creating favourable conditions for inclusive growth and transformation of the
economy,” Gungubele said.
Some investments and economic boosts received include:
The opening of the R800 million Corobrik
state-of-the-art brick manufacturing plant in Driefontein, Gauteng. The
company is expected to invest a further R200 million to expand its
KwaZulu-Natal based concrete facility.
Mining giant Anglo American’s launch of a
hydrogen-powered truck, which is expected to give a significant boost to
the country’s green hydrogen economic hopes.
Irish food company, the Kerry Group, opened a
R650 million plant in KwaZulu-Natal.
The launch of the new locally manufactured
Isuzu D-Max bakkie, which forms part of the company’s R1.2 billion
investment commitment (made in 2019) to the country.
“Corobrik is one of several local businesses that have responded to
President Cyril Ramaphosa’s call on South African and international enterprises
to invest in this country.
“Cabinet noted that the fledgling hydrogen economy has been given a
boost with the launch of a hydrogen-powered truck by Anglo American. The
hydrogen economy has been identified as a strategic priority for our country’s
green economy and to drive economic growth and employment.
“The Kerry Group has had a presence in South Africa since 2011 and their
further investment is a sign that South Africa remains an investment
destination of choice,” he said.
Gungubele said, in particular, the launch of Isuzu’s new flagship bakkie
is a boon for the country’s auto-manufacturing industry.
“The new generation D-MAX crowns Isuzu’s commitment to South Africa and
is one of the successes achieved under the Automotive Production Development
Programme (APDP). The APDP is a production incentive scheme for the motor
industry aimed at promoting production volumes in the specified motor vehicle
industry, promoting added value in the automotive component industry, thus
creating employment across the automotive value chain.
“Approximately R2.8 billion will be generated in local content
production value through the lifecycle of the APDP. The investment will secure
more than 1 000 direct jobs at the plant and indirectly employ 24 000 people,
contributing significantly to community upliftment in the region,” Gungubele
said.
Turning to the Investing in African Mining Indaba held in Cape Town this
week, Gungubele said the platform is one of the biggest for engagement and collaboration
for all stakeholders in the industry.
“Cabinet is confident that the mining indaba will assist in promoting
South Africa as an investment destination of choice,” he said.
International and regional relations
Gungubele said Cabinet reflected on several engagements President
Ramaphosa has had with leaders both on the continent and other parts of the
world – including Russian President Vladimir Putin and Ukranian President
Volodymyr Zelenskyy.
“Cabinet also welcomed President Ramaphosa’s recent interactions with
President Joe Biden of the United States, President Emmanuel Macron of France
and President Hakainde Hichilema of Zambia on different platforms.
“These engagements allowed the President to strengthen bilateral
relations and cooperation between South Africa and partner States on key
regional and international issues, including finding a peaceful solution to the
conflict in Ukraine,” he said.
There are warnings of further power shortages
across eastern Australia today as Prime Minister Anthony
Albanese holds an emergency meeting to solve the energy crisis.
The Australian Energy Market Operator (AEMO) has
warned Queensland should expect another minor shortage between 5pm and 10.30pm.
But the Queensland government has assured residents
today that the state has extra supply there, if it needs it, particularly when
peak demand kicks in tonight.
The energy regulator has warned of more power
shortfalls through today as the energy crisis continues. (AAP) Victoria and New
South Wales should also expect shortfalls in the system later today, the AEMO
said.
The regulator urged NSW residents, particularly
Sydneysiders, to limit energy usage.
“To minimise the stress on the system, AEMO is
requesting consumers in New South Wales to temporarily reduce their energy
usage, where safe to do so,” the regulator tweeted last night.
At a press conference alongside Albanese today,
Energy Minister Chris Bowen said the greatest pressure would come for NSW
between 6pm and 8pm AEST.
“AEMO and (NSW Treasurer Matt Kean) have asked
people (that) nothing essential should be turned off, nothing that is necessary
for heating. But if you have a choice about when to run certain items, don’t
run them from 6pm to 8pm,” he said.
He said he was confident blackouts would still be
avoided.
There are also concerns South Australia may
experience shortages. The state government is threatening to stop the export of
energy out of the state, if blackouts occur.
Albanese and Bowen will meet with industry leaders
later today in an attempt to solve the crisis.
Bowen said New South Wales is the state that’s
looking the tightest today when it comes to electricity supply.
“At its heart it’s a problem caused by
coal-fired power station closures and outages,” he said.
“We need the new investment.”
The states affected by Australia’s energy crisis.
(Nine)
He backed the energy regulator taking control of
the market.
“It wouldn’t be a universally popular
move,” Bowen said.
“It puts consumers first.”
Albanese said renewables remained the long-term
solution, lambasting previous governments for putting politics ahead of policy.
“The cheapest form of new energy is clean
energy, that has been where investment is going but it hasn’t been feeding into
the grid because the transmission system isn’t a 21st century one,” he
said.
“Meanwhile, the ageing coal-fired power
stations have been more susceptible to outages and disruption because they are
old. We know that is the case.”
Yesterday the AEMO halted the electricity market in
a drastic intervention as the nation’s power supply faces “very
challenging times”.
Eight million Australians urged to turn off lights
BBC – 04 July 2022
Australia’s energy minister has urged households in New South Wales – a
state that includes the country’s biggest city Sydney – to switch off their lights
in the face of an energy crisis.
Chris Bowen says people should not use electricity for two hours every
evening if they “have a choice”.
However, he added he was “confident” that blackouts could be
avoided.
It comes after Australia’s main wholesale electricity market was
suspended because of a surge in prices.
Mr Bowen asked people living in New South Wales to conserve as much
power as possible.
“If you have a choice about when to run certain items, don’t run
them from 6 to 8 [in the evening],” he said during a televised media
conference in Canberra.
Why is there a crisis?
Australia is one of the world’s biggest exporters of coal and liquefied
natural gas but has been struggling with a power crisis since last month. Three
quarters of the country’s electricity is still generated using coal. It has
long been accused of not doing enough to cut its emissions by investing in
renewables.
In recent weeks, Australia has felt the impact of disruptions to coal
supplies, outages at several coal-fired power plants and soaring global energy
prices.
Flooding earlier this year hit some coal mines in New South Wales and
Queensland, while technical issues have cut production at two mines that supply
the market’s biggest coal-fired station in New South Wales.
Around a quarter of Australia’s coal-fired electricity generating
capacity is currently out of service due to unexpected outages and scheduled
maintenance.
Some electricity producers have seen their costs soar as global coal and
gas prices have jumped due to sanctions on Russia over its invasion of Ukraine.
Meanwhile, demand for energy has jumped amid a cold snap and as
Australia’s economy opens up after Covid-19 restrictions were eased.
All of this has helped drive up power prices on the wholesale market to
above the A$300 (£173; $210) per megawatt hour price cap set by the market’s
regulator, the Australian Energy Market Operator (Aemo).
However, that cap was below the cost of production for several
generators, who decided to withhold capacity.
On Wednesday, Aemo took the unprecedented step of suspending the market
and said it would set prices directly and compensate generators for the
shortfall.
It also asked consumers in New South Wales to “temporarily reduce
their energy usage”.
What happens next?
Aemo has not given a timeline on when the suspension would be lifted. It
said in a statement, “The price cap
will remain until cumulative wholesale electricity prices fall below the
cumulative price threshold.”
“Aemo, as the national power system operator, will continue to
monitor the situation and provide further updates should conditions
change,” it added.
On Thursday, Australia’s biggest electricity producer AGL Energy said it
expected to be able to supply more power to businesses and consumers in the
coming days.
It has three units that have been out of service at its coal-fired plant
in Bayswater, New South Wales.
They are among several planned and unplanned outages that have helped
cause the power crisis.
AGL said that one of the units should return to service on Thursday,
while another will come back online by Saturday.
Meanwhile, Australia’s new Prime Minister Anthony Albanese said the
crisis would be raised at a meeting with state premiers which starts on
Thursday.
Lynne Chester, an energy expert from the University of Sydney, told the
BBC that policymakers have been aware of the risks of ageing generators for
decades.
“The sector’s regulators and policy makers have ignored the
escalating capacity constraints of aging generation assets, fired by fossil fuels,
that dominate the sector,” Prof Chester said
Sa
Migration recently sent out a news alert. The purpose of the alert? To
share the news that The Department of Home Affairs are carrying out immigration
raids on businesses, in search of employers who are violating immigration laws.
What
happened?
According
to Sa Migration , many foreign workers were arrested and a restaurant / factory
managers , owners of businesses who employed foreigners illegally will be
charged with violating the South African Immigration Act.
How did the
Department of Home Affairs (DHA) know about these violations happening?
The DHA
confirmed to Sa Migration that the raids took place in response to
complaints received from members of the public regarding suspected illegal
working. The DHA also said it expects more arrests to follow as the
investigation continues.
The moral
of the story
The DHA’s
promise to pay random, unannounced visits to businesses are not idle threats.
The Department could visit your office or worksite at any time and you’ll be
found in contravention of South Africa’s Immigration Act if the DHA find that
you are illegally employing foreign workers.
Instead of
being caught off-guard, ensure that your foreign employees hold valid visas at
all times. Also, that you only employ foreigners with valid and correct visas.
If you need
help determining whether your foreign workers are employed legally, you can ask
us for a free employee audit. Our team will come to you, do the audit and then
report back plus advise on any necessary steps to take.
Getting an
audit done demands no effort or risk from your side. However, you do risk jail
time or hefty fines if you don’t know the legal status of your employees.
Prefer the
former over the latter? Then call us today on +27 (0) 82 373 8415 and ascertain
the legal status of your foreign employees.
As part of our ongoing coverage of Home Affairs issues across the
country, Daily Maverick has been visiting branches and asking readers to engage
with us about their personal experiences of Home Affairs service. We are also
monitoring reported incidents across the country. Below are two cases that go
beyond the regular offline and long queue woes.
Since April Daily Maverick has been investigating service
delivery at Home Affairs branches. Many of the reported stories to date
emphasise the dysfunctionality of the department at offices across the country,
to say the least.
We have since been alerted to two alarming alleged incidents, which we
sought response from Home Affairs about.
‘I was assaulted at the Home Affairs national office in Pretoria for
asking for service’
On 3 June, 2022, Mtheza Gengele, an Eastern Cape-based pastor, flew from
East London to Gauteng to enquire about a long-awaited BI-1663 — a notification
of death for his late sister at the Home Affairs national office in Pretoria.
Gengele said his family had long since applied for the BI-1663 and paid for it
on 12 January 2021.
Gengele told Daily Maverick he was met with great hostility from
staffers at the Home Affairs office, who assaulted him.
Gengele alleges he sustained injuries to his back, the rib areas and
sides after several staffers kicked him, grabbed him by the neck and dragged
him to a dark passage. He claimed further that they threatened to kill him for
asking for service.
“For 18 months I had been waiting to get the BI-1663 form in East London
but still nothing. I have been to local, district, regional and provincial
offices and there was no response. Hence I took the matter up with the national
office of Home Affairs via email … They said in 10 working days I will have the
form. But after those 10 days, I still didn’t have the form and there was no
longer a response from the national office. So my wife and I flew down to
Gauteng and went straight to the national office on the 3rd of June 2022 to
enquire and try to get assistance in person there.
“A Home Affairs official attended to us… Not only was I trying to get
the BI-1663 form but I also wanted to apply to be a marriage officer and to
enquire about opening a funeral parlour. Then she asked where are you from?
When I said I’m from Eastern Cape, she started telling me that this is a
national key point. I showed her the email correspondences between myself and
the national office echoing that I couldn’t get help in East London.
“She wouldn’t listen to me. She said they don’t attend to such matters
and I should go to a public office. I disputed that and emphasised that this
was a public office and their job was to render the service because, after all,
they are public servants. But she said and made sure I am not serviced while
continuing to chat with her colleagues.
“I then decided to check in the near passage if there was nobody else
who could help. She came towards me and grabbed me by my t-shirt and suddenly
there were a lot of them. I couldn’t even count how many they were and I was
dragged down the passage and out of the offices and they locked me out… Luckily
my wife managed to take a video while I was being dragged. They had noticed
that so while I was locked outside they forced my wife to delete the video. She
was clever enough to send it elsewhere before deleting it.
“When the doors opened again I went back inside the offices now looking
for my wife so we could just leave. I found myself on the floor and being
kicked by so many people then dragged again through a very dark passage in the
opposite direction of the entrance into an isolated place where they kept me
for two hours and kicked me everywhere. Two more guys approached and one female
police came. They kicked me as well until they saw my GEMS medical aid card
fall off my wallet.”
Gengele claims once the assailants saw his medical aid and noticed he
was a government employee they stopped.
“The chief director of the department came with some staff members
and he said it was wrong of us to go to the national office. So they’re
supposed to open a case… Then I told him that it’s fine because I’m also going
to open a case against the Minister of Home Affairs. So I took my wife and
headed to the nearest police station.”
Gengele said he went to the Pretoria Central police station to open an
assault case, but he was not successful. So he and his wife headed back to East
London the following day without the form or having made a successful
application to be a marriage officer or enquired about the funeral parlour.
The police station was not able to assist Daily Maverick without
a case number, which Gengele did not have as his attempt to lodge a case was
unsuccessful.
Gengele said he has since received the BI-1663 form. He claims the
national office couriered it to local Home Affairs in East London. However, he
says the department has been quiet about the assault.
Gengele says he has communicated the case to various commissions,
associations and government officials including the Minister of Home Affairs
and the Presidency as well as human rights advocates but no one has responded.
“As it is, no one is trying to attend to the situation… Even the human rights
advocate I had found to represent me withdrew. I see this as more of spiritual
warfare,” told Gengele said.
Department of Home Affairs’ response
In response to the incident, the Department of Home Affairs has said
they are unaware of the assault of a reverend Mtheza Gengele.“However, we are
aware that he was forcibly dragged out of a building.”
Siyabulela Qoza, spokesperson for the Minister of Home Affairs,
said an investigation into the matter was instituted and a preliminary report
was duly completed.
“The preliminary report, flowing from the investigation that we
conducted, showed that this was a clear case of trespassing and infringement of
established security arrangements, rules and protocols by which the National
Key Points are governed. It was unfortunate that an adult man like Mr Mtheza
Gengele had to be dragged out in the manner that it happened. We do not condone
such acts. We hope that the pregnant security officer who alleges was assaulted
by Gengele did not incur serious injuries.”
‘We were robbed in the queue’
On the 28th of October 2021, Luis Dias, a resident and senior citizen of
Klerksdorp was robbed while queuing with her granddaughter to apply for her
granddaughter’s passport and her ID card at Klerksdorp Home Affairs. This is
her story.
“While standing in line outside I saw that several youngsters with
expensive Adidas and Nike T-shirts and windcheaters were also standing in line.
“I was sure they were there to rob people of their possessions so I told
my granddaughter to watch out for them, but in the meantime somebody phoned me.
“I told my granddaughter to answer and I would keep an eye on things.
But they were so fast — they grabbed the phone out of her hand and ran away. I
ran after him and that’s when three other guys tackled me and tried to steal my
wallet out of my jeans.
“I am 77 years old but luckily fit, so they came away with a few bruises
and without a wallet. SAPS was not on-site… One does not report these
incidents because it’s even more dangerous around the police station than
anywhere else in Klerksdorp.
“But then again safe Home Affairs is wishful thinking — they could not
care less. We reported it to the security guy in charge but he just stared at
us and told us to wait in the queue.
“No one offered us protection. My granddaughter was afraid and wanted to
go home but I was adamant to finish what we went for, because in no way did I
want to come back some other day and stand in the queue again for more than an
hour.
“So my granddaughter phoned a friend and he came to stand with us in the
queue because we were unsure if the attackers would come back for the wallet
they failed to steal from me, so we went in and waited inside for another half
an hour and applied for our ID cards.”
Daily Maverick reached out to Klerksdorp
Home Affairs to enquire further on the above incident and how it happened
outside their offices.
It took about four days for Klerksdorp Home Affairs to respond with
claims that ‘systems were offline’ — a normal excuse at Home Affairs which Home
Affairs minister Aaron Motsoaledi has blamed on power supply issues, cable
theft and vandalism as well as ageing equipment and an unstable network that
led to infrastructure issues, as reported
by Businesstech.
Klerksdorp Home Affairs’ response
“I don’t remember this incident but can acknowledge that such incidents
are happening around Klerksdorp CBD even in front of the office.”
This was the response of Ellen Dontso, the acting director of Klerksdorp
Home Affairs in the Kenneth Kaunda district when asked about the above
incident.
She said the following measures are in place to ensure safety and
effective service to security for clients:
Members of SAPS and private security companies
are patrolling around the offices;
A waiting space inside the offices has been
created for clients, who will only queue outside when all spaces are full;
Services are being sped up by deploying
managers to the front desk to assist the client as speedily as possible;
Any client who requests to be escorted to the
vehicle is done by the security;
All elderly persons are given service
preference and do not need to queue;
Queue marshalling is conducted in and outside
the office;
When queues are long the office always opens
early at 07h30 instead of 08h00 and closes “late” to deal with customers;
and
Officials are always committed to assisting
all clients as fast as they can.
Donsto further says that the department’s newly introduced booking
system allows clients to book specific appointment time slots before visiting the
Home Affairs branch for service. She says the booking system will prevent any
inefficiencies and inconvenience at branches, including long queues, as it
affords an option not to queue at all.
Teachers play an important role in society as they help learners gain
knowledge and skills that prepare them for life post-school or in their
respective career paths.
More and more young people are choosing teaching as a career of
choice.
According to the Education Department, the output has increased from 23
000 to 31 000 new education graduates coming out of universities between 2016
and 2020.
The Education Department has admitted that it has had challenges of
whether the teachers that are currently employed are closing the gaps that
exist in terms of meeting the needs of the education sector.
According to the Department of Education, there is high demand for
Science, technology, engineering, and mathematics (STEM) subjects, indigenous
languages, and foundation phase teachers.
Stellenbosch University associate professor Nic Spaull released a report
that stated about 45% of all public school teachers will retire in the next 10
years.
In an interview , Education
spokesperson Elijah Mhlanga clarified:
We lose about 11 000 to 12 000 teachers every year and this happens due
to different reasons, one of them is retirement the other is the change in
careers and you also have others who unfortunately pass away.
However, Mhlanga shared that the statistics that were projected in the
academic report are not consistent with what is on their system.
The department has confirmed that it has budgetary constraints that make
it difficult to absorb each and every education graduate.
“Fortunately, through the Presidential Youth Employment Initiative
implemented in the Basic Education sector, we have recruited some qualified
educators who, after participating in the program, get to be absorbed in
schools,” said Mhlanga.
Unemployed education graduates have been advised to approach schools
near them to establish if they are able to employ them using the School
Governing-Body (SGB) appointments employment avenue.
Services provided by the department of home affairs are of primary importance
to everyone residing in South Africa, both citizens and non-nationals. It is
crucial to have a functioning department that can handle the civic needs of
citizens and non-nationals. The department’s failures are well-documented and
well-known to any South African who has tried to apply for an identity
document, passport, or register their child’s birth.
It has become an accepted norm that one may have to take time off from
everyday commitments to queue outside one of the department’s offices for hours.
Even then, assistance is not guaranteed. On most days, the system is down and only a handful of people
can be assisted. Repeat visits to a local department office are a norm
before successful assistance can be received.
While the relationship between the department and South African citizens
has proven to be a frustrating challenge for most, its relationship with asylum
seekers and refugees is in a worse state of atrophy. South Africa is arguably a
major destination for displaced people seeking refuge, and economic migrants as
well. As such, the country needs a proactive and progressive department to
address these different immigration needs.
According to the United Nations Refugee Agency (UNHCR), South Africa
currently hosts about 77 000 recognised refugees and 187 000 asylum seekers.
While the exact number of undocumented persons in the country is unknown,
Statistics South Africa estimates that
about 3.95 million people in South Africa are foreign born. This number
includes “migrants of all types and is collated regardless of legal status”.
This estimation correlates with the World Bank Group’s 2018 report that 3% to 7% of persons living in
South Africa may be non-nationals. Given South Africa’s estimated population of
60 million, the implication is that between 1.8 and 4.2 million individuals may
be of foreign origin.
The department has a duty to facilitate, regulate and execute South
Africa’s immigration laws and policies, and must do so in a manner that
complies with the international laws it is signatory to, and with human rights
standards. This has not always been the case. Through its refugee reception
offices and accompanying services, the department has the power to accept,
process and adjudicate applications for asylum.
The department holds the key to the future of asylum seekers, refugees,
and children born to them. While the laws and policies that govern asylum
seekers and refugees in South Africa have been regarded as largely progressive,
refugees and asylum seekers are increasingly facing difficulties in accessing
their rights as a result of policies and practices that prevent them from
regularising their stays. The closure of three refugee reception offices has
also been central to this.
In 2011, the Johannesburg and Gqeberha refugee reception offices were
closed with the intention of moving all refugee reception offices to border
areas to speed up and streamline the asylum process — or so the department
said. Asylum seekers and refugees who opened their files at these offices had
to travel to Durban, Musina or Pretoria to renew their permits, go for
interviews, or join family members to their files.
Long distance travel is unaffordable to most in South Africa, including
asylum seekers and refugees. Some will have to make the trip multiple times or
stay around the refugee reception office for extended periods because offices
may decide to assist specific nationals on a particular day of the week. The
Gqeberha refugee reception office reopened after prolonged litigation but the
Johannesburg office remains permanently closed.
On 30 June 2012, the Cape Town refugee reception office closed to new
applications for similar reasons. Although the office remains open to existing
asylum seekers and refugees, those who had not applied for asylum at the Cape
Town office prior to 30 June 2012 are in the same position as those who
initially applied in Johannesburg and Gqeberha. After prolonged litigation
launched in 2012 by the Legal Resources Centre (LRC) on behalf of the
Scalabrini Centre and the Somali Association for South Africa, the supreme court of appeal in 2017 held that
the decision to close the Cape Town refugee reception office was unlawful and
directed the department to re-open the office to new applications. Because of
the department’s failure to comply with this order, and a fresh application
being launched by the LRC on behalf of its clients, the Western Cape high court
in 2021 ordered that the
matter should be placed under case management, requiring the department to
provide the court with monthly progress reports. The Cape Town refugee
reception office remains closed to new applications.
With the declaration of the national state of disaster in 2020, all
refugee reception offices were closed to mitigate the spread of Covid-19,
meaning that the immigration services available to asylum seekers and refugees
were further limited. Although the department granted a blanket extension to
asylum seekers or refugees whose permits expired during the lockdown, no
provision was made for new asylum seekers to obtain documentation.
In April 2021, the department introduced an online system through which
existing asylum seekers and refugees could apply for a permit extension. This
was an attempt to ensure that asylum seekers and refugees remain documented but
many reported a lack of
feedback on the status of their application or any acknowledgement whatsoever
that an application was received.
Asylum seekers and refugees are not new to the bureaucratic
inefficiencies, poor infrastructure, and corruption of the department. The
closure of refugee reception offices arguably implies a systematic attempt to
reduce the asylum population by limiting service centres, and inadvertently
overburdening remaining offices with applications. Some applicants have been
waiting for recognition of their status for more than 12 years.
The department’s failure to effectively provide immigration services has
dire consequences for asylum seekers and refugees who are often left
undocumented for months or years. They risk losing employment and accommodation
and may be deported even if they have a valid refugee claim. When an asylum
seeker is finally interviewed to determine whether they may be declared as a
refugee, the chances of success are poor – 96% of applications are rejected, often
based on “poor decision-making and lack of
sound reasoning”.
In 2021, the department announced that the Refugee Appeal Authority —
the administrative tribunal that considers applications rejected by the refugee
status determination officer — faces a backlog of
more than 153 000 applications. The auditor general has indicated that, should
the department continue to operate as it does, it will take 68 years to address
the backlog without factoring in any new applications. The consequence of the
backlog is that many individuals entitled to asylum or refugee status are stuck
without knowing whether they should build a new life for themselves in South
Africa while they remain on the fringes of legality.
South Africa’s Constitution guarantees the basic human rights of all
people. Without documentation, these rights are illusory for many.
Federal officials have been told to act on an “extraordinary” backlog in
visa applications for thousands of skilled workers at a time when employers
claim they will have to shut down if they cannot find a solution to chronic
labour shortages.
With experts warning of “gridlock” in the visa system, incoming federal
ministers have put the backlog at the top of their agenda in a bid to speed up
decisions when the number of skilled foreign workers in Australia has slumped
to half the number seen a decade ago.
People are waiting months for their visa applications to be processed.
Official figures show the number of skilled foreign workers leaving
Australia exceeded the number coming into the country in April, highlighting
the pressure on the labour market when employers say they are waiting too long
to have new visas approved.
Immigration Minister Andrew Giles has asked the Department of Home
Affairs to act on the problem as a priority given the concerns put to him by
the community before he was sworn into office last week.
But the scale of the backlog is difficult to measure because the
previous government did not release figures on the number of applications for
the 482 visa for skilled foreign workers or most other visa classes, although
other measures have hinted at the growing wait for visa decisions.
“It’s just absolutely jammed and complaints are coming from every
direction,” he said.
“Migration agents are tearing their hair out. Because of the way Home
Affairs deals with issues, you can’t actually speak to a human being to find
out what’s happening. Without more resources, it will remain gummed up.”
Rizvi said 8970 skilled foreign workers arrived in Australia in April
but 9230 departed, resulting in a net outflow of 260 workers on the 482 visa
category at a time when the country is meant to be opening up and filling
labour shortages.
Australia had more than 195,000 skilled temporary visa holders in
Australia in June 2014 but only 96,000 in March 2022, an outcome Rizvi blamed
on changes under the former government that made visa applications more
bureaucratic despite public claims about attracting people to Australia after
the pandemic.
Prime Minister Anthony Albanese acknowledged the problem in his public
remarks in Jakarta on Monday when he said he believed Australia should be “more welcoming” to visa
applicants from Indonesia and other countries.
But the problem is more widespread. Officials are yet to confirm the
scale of the backlog and the incoming government is yet to determine whether
the solution will require a change to the design of the system, the
administration of the rules or the resourcing of the department.
Australian Chamber of Commerce and Industry chief Andrew McKellar said
employers were reporting significant barriers to finding skilled workers
including “excessive” costs for visas and “protracted” processing times.
“Greater resourcing is needed to reduce protracted visa processing wait
times. The current delays just aren’t good enough when so many businesses are
left without staff and therefore can’t afford to stay open,” he said.
“To make the skilled migration system more accessible and responsible,
we need to open employer sponsored migration up to all skilled occupations.”
Australian Industry Group chief Innes Willox said employers could pay up
to $25,000 for a 482 visa for a skilled worker, making it an expensive process
when they could not find enough local workers. He said the previous 457 visa
cost about $10,000.
“That might mean hiring fewer workers and missing out on contracts or
losing opportunities to grow,” he said.
ACTU secretary Sally McManus said the priority should be to train local
workers.
“Under the previous government the visa system prioritised the needs of
employers above all else and facilitated the wide-spread exploitation and abuse
of temporary migrant workers including systemic undercutting of minimum wages
in many sectors,” she said.
“The visa system should prioritise permanent migration aimed at filling
genuine skill gaps, paired with a renewed commitment to skills training and
ensuring that where local workers can fill a job or be trained to do so, that
is always the first option.”
“Home Affairs also says that you must be a
South African citizen or permanent residence permit holder with a valid South
African ID.” Photo: Getty Images
The following question is a reader who wants to know if
an abandoned child can get a birth certificate from Home Affairs.
The short answer
Yes, but you may need help to get Home Affairs to comply.
The whole question
My child’s friend was abandoned by her mother – we do not know where she
is. I am now looking after her, but she does not have any documents to apply
for a birth certificate. She is 15 years old.
The long answer
All birth registration is regulated by the Births and Deaths
Registration Act of 1992. Late birth registration is split into three
categories:
1. After 30 days but before one year
2. After one year but before 15 years
3. After 15 years.
These are the documents that Home
Affairs says are needed to register a birth after 15 years:
Application for an ID (Form B1-9)
Completed Forms DHA-24, DHA-24/A x 2 and DHA-288 for the registration of
birth
Supporting documentation and written reasons why the birth was not
registered within 30 days of birth.
Home Affairs also says that you must be a South African citizen or
permanent residence permit holder with a valid South African ID.
Under Level 3 lockdown regulations, which we are in again (June 2021), a
person had to make an appointment with Home Affairs to apply for late birth
registration, so this is probably the case now.
Even though Section 28 of our Constitution says that every child has the
right to a name and nationality from birth, many undocumented children struggle
to be issued a birth certificate by Home Affairs.
In 2018 Lawyers for Human Rights took Home Affairs to court to force
them to issue a birth certificate to an abandoned child, which they had been
refusing to do.
The Pretoria High Court ordered Home Affairs to issue a birth
certificate to the child.
One of the problems with Home Affairs, though, is that officials are not
always aware of court rulings and may not always comply with them. Because of
Covid-19, Home Affairs has also got a significant backlog, and it may take even
longer than usual.
If you have difficulties dealing with Home Affairs, the following
organisations have had much experience with them and may be able to assist you:
The following are the eTA conditions for French visa holders in New Zealand:
A valid passport: The
traveler must have a valid French passport for at least three months from
the date of departure from New Zealand.
A valid email address is:
The email address entered on the application will get the New Zealand eTA.
It is critical to provide an email address that you regularly check to get
updates on the eTA status.
A payment method: French
people will be required to pay a nominal charge to submit their
application. They’ll need a legitimate payment method, including a credit
card or debit card, to do so.
A recent digital image of
the French citizen: The candidate must submit a recent digital picture of
the French citizen.
What Is an eTA for French Citizens in New Zealand
and What Does It Do?
The New Zealand eTA is a digital visa waiver for
French nationals. It permits the bearer to enter the nation without going
through the tedious procedure of applying for a visa.
The New Zealand eTA, commonly
known as the NZ Electronic Travel Authority, was implemented in 2019 and
is available to French nationals wanting to visit the country.
New Zealand has an
electronic travel authorization (eTA) that permits visitors from more than
190 countries, including France, to enter the nation for several short
visits.
The user of this numerous
internet visa waiver can stay in New Zealand for up to three months per
visit.
The validity of this
document is two years from the date of issue or until the passport to
which it is attached expires.
It’s suitable for two years
from the date of issue or until the passport to which it’s attached
expires.
Procedures for Obtaining a New Zealand eTA from
France
People from France will need to complete a brief
online application form to register for the New
Zealand eTA. Any gadget with an internet connection may be used for
this. Travelers will be asked for basic personal and passport information on
the New Zealand eTA application form, including the following:
Name in full
Year of birth
Nationality
Information about how to
contact us
Number on the passport
Issued/expired date
The eTA registration for French nationals includes
asking about their health and criminal history and whether they intend to seek
medical care while in the country. It’s a good idea to double-check the form
once you’ve completed it to ensure that the information you’ve supplied is
valid and error-free. New Zealand Immigration may postpone or refuse your eTA
request if there are any anomalies in the application. Families visiting New
Zealand should be aware that each member of the group must complete their own
NZeTA registration. It will be essential to pay the New
Zealand eTA charge using a valid credit or debit card to apply.
Points to remember
You will be asked to submit
your passport upon arrival in New Zealand, which must be valid for at
least three months beyond your scheduled departure date.
In addition, you’ll need a
valid New Zealand visa stamped on your passport.
If your visa says ‘number of
entries: many,’ you can travel back and forth between India and New
Zealand as often as you like until the ‘expiration date of travel.’
The typical tourist visa
allows you to stay in New Zealand for a maximum of 9 months during the
course of an 18-month term.
The visa for New Zealand is
not extendable.
You will be deemed an
illegal immigrant and may be expelled if your visa expires while you are
still in New Zealand. As a result, it is critical to have a valid New
Zealand Visa at all times.
Residence- and citizenship-by-investment (RBI and CBI) programmes have
become very familiar over the past few years to South Africans who don’t have
ancestral ties to other countries but are keen to gain residency or citizenship
in a European country, and access to visa-free travel anywhere in the EU.
“These ‘golden visa’ schemes are, however, beyond the means of most
South Africans, which is why we are excited about the other, much more
affordable residency options that are now opening up around the world,” said
Leana Nel, head of international sales and relocations for the Chas Everitt
group.
The most popular are those generally termed ‘retirement visas’, which
are aimed at people who have a certified monthly pension or annuity income
sufficient to live on in the country of their choice.
They allow applicants to continue to work remotely and, unlike the
current RBI and CBI schemes, they do not require applicants to buy real estate.
“This makes them accessible to many more people, and the timing couldn’t
be better, because the European Union Commission on Citizenship is determined
to ensure that all CBI programmes are completely phased out by 2025, and that
stringent new rules are put in place for countries that continue to offer the
RBI schemes,” said Nel.
“The Commission has become increasingly worried about the opportunities
that visa-free travel around the EU creates for money laundering, tax fraud and
various other serious crimes.”
Nel said the top three choices currently for South Africans who want to
obtain permanent residency by applying for a ‘retirement visa’ are Mauritius,
Portugal and Panama, and that the basic requirements for obtaining permanent
residence in these countries are as follows:
Mauritius
Mauritius offers a 10-year occupation or residence permit to ‘retired
non-citizens’ over the age of 50 who are able to open a Mauritian bank account
and make an initial deposit of $1,500 (R23,618), followed by $1,500 a month or
$18,000 (R283,358) a year for the duration of the permit. Evidence of these
deposits has to be presented to the authorities every year.
After three years, those who hold one of these occupation or residence
permits can apply for a 20-year permanent residence permit. No purchase of
property is necessary to obtain the initial retired non-resident occupation
permit, and the spouse, parents and dependent children under-24 of permit
holders can be included.
Retired non-citizen permit holders can also invest in a business in
Mauritius although they cannot manage the business, be employed by it, or draw a
salary. There is no restriction on remote work.
Portugal
Portugal offers the D7 residency visa to retirees or income holders who
want to live in Portugal and have sufficient passive foreign income to qualify.
Applicants need to open a Portuguese bank account and be able to deposit
a minimum of €8,460 (R142,085) a year per individual or €12,690 a year per
couple to qualify for the visa. They can buy property in Portugal if they wish
but this is not necessary initially as long as they also have a rental agreement
for at least 12 months.
After this, their application will need to be considered by the
Portuguese Consulate before they are granted a four-month visa to visit
Portugal and finalise the residency process with the immigration authorities.
The D7 visa confers non-habitual resident status, which includes
exemption from tax on certain foreign income, and access to Portugal’s public
health system. In addition, those with a D7 visa can after five years apply for
citizenship or a Portuguese permanent residency permit valid for 10 years.
Family reunification can be carried out in terms of this visa, but
requires an additional application and approval by the immigration authorities
in Portugal.
Panama
Panama offers the ‘pensionado visa’ to applicants who have a guaranteed
income for life of at least $1,000 (R15,735) a month, to be deposited into a
Panama bank account.
This can be a state pension, or a certified annuity from a bank,
business or insurance company that has been accepted by the Panama Consulate.
Spouses and dependent children can be included in this visa, at an
additional monthly income requirement of $250 per person. Children aged 18 to
25, however, need to be full-time students to qualify as dependents.
Once approved for a pensionado visa, applicants will immediately be
issued with a temporary residence card and then, four to six months later, a
permanent residence card that is valid for life and gives them access to
Panama’s public health system, as well as many other pensioners’ benefits and discounts
Department of Home Affairs Minister, Aaron Motsoaledi, says his
Department is considering the reintroduction of transit visas. Motsoaledi says reviving
these types of visas will help deal with foreign nationals entering South
Africa illegally through O.R Tambo International Airport. The transit visas
were discontinued in 2015.
Earlier this week, four Bangladeshi and four Pakistani nationals, were
arrested after bypassing security measures at the airport to enter the country
illegally.
The latest arrest is part of on-going efforts by Home Affairs
authorities and police to punish syndicates working with foreign nationals
intending to enter the country illegally. Recently, the kingpin of a syndicate,
fraudulently issuing passports and other crucial documents to foreign nationals
was arrested in a sting operation.
26 suspects arrested
Thirteen foreign nationals and 13 South Africans were among those nabbed.
Motsoaledi and Transport Minister, Fikile Mbalula, addressed the media at O.R
Tambo on improved measures to deal with security challenges at airports
following reports of illegal immigration and corruption.
Motsoaledi says the Bangladeshis used the Eswatini and Mozambique routes
to enter the country through O.R Tambo International.
Watch: Department of Home Affairs considers the reintroduction of
transit visas
He elaborates “Now we have border management authorities manning our
borders but with this as Home Affairs, we’ve decided that the transit visas
will once be needed. The state security debriefed them for a couple hours and
they had information about them. Though some of these things cannot be made
publicly, I hope you saw on social media when they were pulling people.”
Attack on SA’s safety and security
Transport Minister, Fikile Mbalula, says the recent incident suggests a
well-coordinated attack on the laws governing safety and security at the
country’s airports. Mbalula commended law enforcement agencies for making the
arrests.
“All of you are now aware that arrests were made of four Bangladeshi and
four Pakistani nationals as they attempted to enter the country illegally. They
arrived on Qatar air flight from Doha on the 15th June. This is clear
indication of our efficacy at our security system that enabled to detect and
arrest these illegal immigrants. We want to salute our officers on the grounds
who have managed to arrest these illegal immigrants at this airport.”
Mbalula has emphasised the importance of airlines ensuring that
passenger documentation is checked when departing or arriving in a country.
“South Africa holds a good record of compliance and recommended
practices. This is a record we intend to guard and it is the reason we will not
tolerate any acts of illegality within our aviation space.” he explains.
Both Ministers say authorities and law enforcement
agencies will remain on high alert to ensure no corrupt or criminal activities.
The Department of Home Affairs is providing an
automatic extension of status until 30 September 2022, for applicants
currently in South Africa with pending visas and waivers, due to
processing delays in adjudicating long-term visa applications.
The processing delays are a result of a
measure put in place in January, where the Department of Home Affairs
required all long-term visa applications to be adjudicated in Pretoria,
instead of at the South African consular posts. Due to understaffing,
there is now a backlog of applications.
Employers should ensure that they plan their
employees’ start dates at least six months in advance to accommodate the
lengthier processing times to meet their projected assignments or local
employment start dates.
The situation
The Department of Home Affairs (DHA) is providing an automatic extension
of status for applicants currently in South Africa with pending visas and
waivers due to processing delays in adjudicating long-term visa applications.
A closer look
Pending waiver applications. Foreign nationals with
pending waiver applications who are currently in South Africa have been
granted an automatic temporary extension of their status until 30
September 2022, during which time the DHA anticipates adjudicating their
applications.
Approval. If the foreign national
receives an approval by this date, they can proceed to apply for an
appropriate visa.
Denial. If the foreign national
receives a denial by this date, they must depart South Africa to avoid
being declared undesirable for overstaying their status.
Pending visa applications. Foreign nationals with
pending visa applications who are currently in South Africa have been
granted an automatic temporary extension of their status until 30 September
2022, during which time the DHA anticipates adjudicating their
applications.
Approval. If the foreign national
receives an approval by this date, they can continue to reside in South
Africa.
Denial. If the foreign national
receives a denial by this date, they can appeal their application within
the prescribed timeline or depart to avoid being declared undesirable for
overstaying their status. These foreign nationals can also abandon their
application and depart from South Africa without being declared
undesirable on or before 30 September 2022.
Visa-exempt nationals. Visa-exempt foreign
nationals with pending waiver or visa applications who seek to travel
outside of South Africa before 30 September 2022 can present their Visa
Facilitation Services (VFS) receipts on their return to South Africa for
re-admission.
Visa-required nationals. Visa-required foreign
nationals with pending waiver or visa applications who seek to travel
outside of South Africa before 30 September 2022 must obtain a visa (showing
proof of their VFS receipt as part of the supporting documents for the
application) to re-enter South Africa. They will not be subject to delays
in obtaining this visa since consulates can issue visas for durations
shorter than 90 days which the foreign national can then extend in South
Africa.
Processing times. Processing times have
increased from the usual four to eight weeks to an estimated minimum of 16
weeks.
A task team report involving the issuing of permits
at the home affairs department is “sensitive”, according to
Aaron Motsoaledi.
He is “jittery” about distributing
the report to the committee before it is presented to them.
The task team investigated several
immigration-related permits.
Home Affairs Minister Aaron Motsoaledi is “jittery” about
releasing a “sensitive” report to MPs before the information is
presented to them.
The report is in relation to a task team’s investigation into the home
affairs department’s issuance of permits.
The Portfolio Committee on Home Affairs was scheduled to be briefed on
this report on Tuesday, but at the 11th hour, Motsoaledi asked for a
postponement.
MPs weren’t too pleased, but agreed to postpone the briefing until 8
July.
“Honourable members, I am as anxious as you for the report to come
out because, indeed, the report is ready. There is no other reason that we are
delaying it, except that this was an investigative report, by investigators. It
would be remiss for me to try and make myself an investigator and bring it to
you,” Motsoaledi told the committee.
“The people who are not here are not officials from the department;
it has got nothing to do with officials from the department. But they’re
outside people doing the investigation, who we could not get today, for which I
profusely apologise.”
Motsoaledi said he would do everything possible to have the task team
members at the briefing on 8 July.
“But these members are high-powered people. Some of them have since
been called to the bench to act, and they are not easily available. But I will
make sure that I bring a minimum number of those without whom the report cannot
be presented.”
DA MP Angel Khanyile and IFP MP Liezl van der Merwe asked that committee
members receive the report as soon as possible to prepare for the briefing.
Motsoaledi said it was in the committee’s hands, but he had his
reservations.
He said the report was of a “sensitive nature”, and previously
the committee allowed him not to send reports of a similar nature to the MPs
before it was presented to the committee.
“To distribute it here, electronically, I’m a jittery about
it,” Motsoaledi said.
The chairperson of the committee, Mosa Chabane, said he would discuss
the matter with MPs and legal services, and then advise Motsoaledi on their
decision.
Motsoaledi appointed the task team in March last year to review the
permits issued by his department.
At the time, Motsoaledi said he identified the need to review the
permits after realising a trend emerging from the outcomes of cases involving
prominent people investigated by the department’s Counter Corruption Unit.
The unit investigates wrongdoing by departmental officials.
“Over the years, the Counter Corruption Unit has established that
66%, or nearly two out of every three reported cases, involved permitting. The
allegations are reported by different whistleblowers, using different avenues
to reach the Counter Corruption unit,” he said in a statement.
“In November 2020, during a high powered investigation, I was
alarmed when 14 members of the permitting section signed a petition demanding
that the Counter Corruption Unit should stop investigating their errors. This
admission strengthened my resolve to have a more transparent permit issuance
regime.”
The task team was established to review all permits issued since 2004 –
the year in which the Immigration Act came into operation – in the following
categories:
Permanent Residence Permits (PRP), which are
just a step away from citizenship;
Corporate visas, especially in the mining
sector;
Business visa;
Professional critical skills visa;
Retired persons visa;
Citizenship by naturalisation; and
Study visa.
The task team is chaired by former top civil servant, Cassius Lubisi,
and will include advocate Sesi Baloyi, forensic investigations specialist Peter
Bishop, Kathleen Dlepu – the chair of the Legal Services Council – and
Professor Somadoda Fikeni.
Home Affairs Minister Aaron Motsoaledi is
reviewing some of the permits which were granted irregularly over the
years.
The Department of Home Affairs says the
minister will leave no stone unturned in uncovering the “dubious”
visas, permits and special citizenships that were irregularly
granted.
The department says Motsoaledi will
“unpack the full details of his intervention” in the coming
days.
The Department of Home Affairs says it will leave no stone unturned in
uncovering “dubious” visas and permits, such as permanent residence
and special citizenships, which were granted irregularly.
Home Affairs Minister Aaron Motsoaledi had resolved to review some of
those permits that were issued over the years, especially permanent residence
visas, the department said.
It added the decision was informed by a trend emerging from the outcome
of numerous investigations it had undertaken over the past two years,
especially those involving prominent people.
The announcement came after Motsoaledi’s interview with SAfm’s Bongi
Gwala in which he said Enlightened Christian Gathering leader Shepherd Bushiri
and his wife, Mary, were in South Africa illegally. He added the couple
had entered South Africa for the first time on 6 September 2009 at the
Beitbridge border post and were issued with visitors’ visas.
“We don’t stop people from visiting our country. Visitors’ visas
have a time frame – you can stay for 90 days or 30 days … because you’re a
visitor,” Motsoaledi said at the time.
However, while Bushiri was in South Africa in 2014, 2015 and 2016, he
registered companies with the Companies and Intellectual Property Commission,
it emerged.
Motsoaledi said this was not allowed in terms of the conditions of the
visitor’s visa.
He said in 2012, Mary had entered the country through the OR Tambo
International Airport, where she produced an alleged fraudulent permanent
resident’s permit, which was issued on 1 February 1997.
“Now, if you came to South Africa for the first time on 6 September
2009, how can you already have a permanent residency dating 1997?”
However, the North Gauteng High Court in Pretoria suspended the
department’s permanent residence notice against Bushiri and his wife until they
pleaded in their criminal trial, City Press reported.
The couple has since fled South Africa.
On Wednesday, the department said: “In the coming days, the
minister will unpack the full details of his intervention which he decided on
late last year.
“The department will leave no stone unturned in uncovering dubious
visas and permits, such as permanent residence and special citizenships, which
were granted irregularly.”
Meanwhile, Motsoaledi welcomed acting Public Protector Kholeka Gcaleka’s
report on the implementation of the Citizenship Act.
“As such, the minister has instructed the director-general of the
department to start preparing the action plan which should be submitted to the
Public Protector indicating the timelines of implementing the recommendations
of the Public Protector,” the department said.
“Likewise, the minister will submit his own action plan as directed
by the Public Protector.”
On Monday, the Public Protector’s office ordered the director-general of
home affairs to take action against officials involved in the naturalisation of
Ajay Gupta and his family for their failure to exercise due diligence by
verifying the accuracy of the information contained in the motivation for early
naturalisation.
Gcaleka had investigated an alleged violation of the Executives Members’
Ethics Code and SA Citizenship Act by former home affairs minister Malusi
Gigaba.News24 previously reported that in 2018, it emerged Gigaba had approved
the early naturalisation of Ajay Gupta’s family despite him refusing to let go
of his Indian citizenship.
Gigaba had on a number of occasions publicly stated Atul Gupta was not a
South African citizen. He then corrected himself and said Atul was a citizen,
and it was Ajay Gupta who had not been naturalised.
Gcaleka’s reported stated Gigaba had exercised his discretion and did not
abuse his power in the process. She, however, found him in breach of the
Executive Members’ Ethics Code with regards to him failing to table the names
in Parliament of persons who were granted South African citizenship under
exceptional circumstances
Employment and Labour minister Thulas Nxesi says his department is in
the process of finalising two new documents which will tighten employment laws,
including limitations on the hiring of foreigners.
Nxesi was responding to complaints by truck drivers this week which led
to a major blockage of the N3 highway. One of the key complaints raised by the
drivers is that jobs are being taken by both legal and illegal foreign workers.
One of the key ways that government plans to address this is through the
proposed National Labour Migration Policy, Nxesi said. He noted that the policy
aims to achieve a balance across several areas, including:
The first is to address South Africans’
expectations regarding access to work opportunities, given worsening
unemployment and the perception that foreign nationals are distorting
labour market access. The NLMP, together with proposed legislation, will
introduce quotas on the total number of documented foreign nationals
with work visas that can be employed in major economic sectors such as
Agriculture, Hospitality and Tourism, Construction, etc.
The NLMP will be complemented by small
business interventions and enforcement of a list of sectors where foreign
nationals cannot be allocated business visas and amendments to the Small
Business Act to limit foreign nationals establishing SMMEs and trading in
some sectors of the economy.
The Department of Home Affairs is reviewing
current legislation and strengthening the Border Management Authority to
secure porous borders and to allow for the orderly movement of people and
other nationals through ports of entry only.
Government plans to ramp up inspections
to enforce existing labour and immigration legislation.
Employment Services Amendment Bill
Nxesi said the National Labour Migration Policy goes hand in hand with
the proposed Employment Services Amendment Bill, which provide the legal basis
to regulate the extent to which employers can employ foreign nationals in their
establishments while protecting the rights of migrants.
The proposed amendments to the Employment Services Act aim to limit the
extent to which employers can employ the number of foreign nationals in
possession of a valid work visa in their employment,” he said.
It will also place several obligations on an employer employing foreign
workers, including:
Only employ foreign nationals entitled to work
in terms of the Immigration Act, the Refugees Act, or any other provision;
Ascertain the foreign national is entitled to
work in the Republic in the relevant position;
Satisfy themselves that there are no South
Africans with the requisite skills to fill the vacancy;
Prepare a skills transfer plan, where
appropriate;
Employ foreign nationals on the same terms as
local workers; and
You are only entitled to apply for permanent
residence based on your father having permanent residence if you are under 21.
Can I get permanent residency if my parent does, and I have lived in SA
for more than five years?
The short answer
Yes, if you are a dependent of a permanent residence holder and are aged
under 21 years. But there is a massive backlog at Home
Affairs.
The whole question
Dear Reader
Both my parents are from Mozambique, but my father has a South African ID because he has been here for more than 25
years. I was born in Mozambique but I have lived in South Africa since I
started school.
I want to apply for an ID but Home Affairs said I must apply for
permanent residency first, which has a waiting period of five years.
Can it be allowed if I have proof that I have been here for more than
five years?
The long answer
Unfortunately, in terms of Section 26 (c) of the Immigration Act, it
seems that you are only entitled to apply for permanent residence (direct
residence) on the basis of your father having permanent residence and you being
his dependent, if you are under 21 years.
And, as you have pointed out, this could take five years, given the
backlog of applications for permanent residence at Home Affairs.
As you probably know, Home Affairs closed down all applications for
permanent residence at the beginning of the pandemic in 2020, and only
re-opened applications in January 2022. They have an estimated 50,000
applications in backlog.
As not having an ID is a very serious deprivation, it may be worth
consulting with organisations that have had plenty of experience in dealing
with Home Affairs, and seeing if they can suggest anything that might help to
speed up the process.
Although IT continues to be the top-performing employment sector in
South Africa, hiring activity in this area has declined by 3% in the last three
months.
This is according to jobs portal CareerJunction’s Employment Insights report for April.
The report is based on data gathered from around 5 000 of the country’s
top recruiters (both agencies and employers) that advertise their positions to
millions of registered jobseekers.
CareerJunction attributes the dip in hiring activity in the local IT
sector to increased emigration as travel restrictions are relaxed, as well as
the growing trend of “digital nomads” in the IT space.
Digital nomads are people who conduct their life in a nomadic manner,
while engaging in remote work using digital telecommunications technology.
In its previous report, the
company said SA’s tech sector was steadily recovering from the slowdown in
recruitment caused by the COVID-19 pandemic. It said hiring activity across job
categories showed candidates in IT were among the most sought-after.
The jobs portal notes that in the coming months, there may be a drop in
remote work opportunities, as a result of the recent lifting of the National State
of Disaster.
However, it says, the fact that many businesses have already invested in
remote working technology to attract top talent and reduce office overhead
costs, means the trend is unlikely to disappear from the employment landscape
any time soon.
Skills exodus
In the past three months, SA has seen an easing of COVID-19 lockdowns,
safety protocols and travel restrictions.
The National State of Disaster was officially lifted on 5 April, and
CareerJunction anticipates 2022 will continue to reflect a market recovery in
terms of recruitment activity over the next three months.
Of late, local IT execs have expressed
concern at the massive exodus of critical IT skills to overseas
markets. This, as local talent has become a target of global firms that offer
flexible working hours and foreign currency-denominated remuneration.
The top roles with remote working opportunities are software
development, data analysis/data warehousing, systems/network administration and
business analysis.
Meanwhile, the findings for Q4 2020 to Q1 2021 and Q4 2021 to Q1 2022
reveal volatile salary trends within the IT industry, says CareerJunction.
In contrast, the firm says professionals in account management, data
analysis/data warehousing, human resources and financial/project accounting are
being offered higher salaries compared to a year ago.
While there is no consistent change in the high end of salary offerings,
advertised salary packages for roles in sales, finance and admin, office and
support are generally at the same or at a better rate than a year ago.
In the IT sector, CareerJunction says software developers earn R60 000
to R70 000 a month, followed by system/network administrators who take home R45
000 to R55 000, while data analysts rake in R25 000 to R45 000.
Looking at the salary offerings for top in-demand IT skills, the firm
says Java development skills attract R44 015 to R64 602 per month, C#
development skills (R39 202 to R57 222), .Net development skills (R38 128 to
R56 619) and full stack development skills (R36 791 to R59 073).
The report notes there has been a continued increase in recruitment
activity over the last 13 months.
“This is encouraging because not only does it signify that employers are
showing confidence in the local economy, but also that more opportunities are
becoming available for jobseekers despite the ongoing challenges faced by the
local economy,” says CareerJunction.
It says between March 2021 and March 2022, hiring activity increased by
39%. This is an uptake of 18% in job advertising, compared to the year-on-year
stats for March 2020 to March 2021, it adds.
According to Stats SA’s latest Quarterly Employment Statistics report,
released on 31 March 2022, there was a 6.7% increase in gross earnings between
December 2020 and December 2021.
CareerJunction points out that although this statistic does not track to
inflation, the news is still positive for South African employees.
Mighty Gauteng
Gross earnings increased by R44.3 billion from R783 billion in September
2021, to R827.3 billion in December 2021, equating to an increase of 5.7% in
the final quarter of the year.
“This was largely due to increases in the following industries: trade,
community services, manufacturing, business services, transport, construction
and electricity. Year-on-year, gross earnings increased by R51.7 billion or
(6.7%) between December 2020 and December 2021,” the jobs portal says.
Looking at recruitment per location, CareerJunction says it is no
surprise that more than 50% of vacancies are based in Gauteng, South Africa’s
smallest province but largest economic hub.
It notes that just over 30% of job offers are in the Western Cape and
KwaZulu-Natal (KZN).
“When we compare Q1 2022 to Q1 2020, Gauteng, Western Cape and KZN show an
increased demand for professionals in the manufacturing and assembly sector
(Gauteng +28%; Western Cape +23%; KZN +37%).”
It adds that a similar trend is evident for professionals in the admin,
office and support sector (Gauteng +13%; Western Cape +3%; KZN +38%).
According to the jobs portal, building and construction professionals
enjoy better employment prospects in Gauteng (+10%) and Western Cape (+9%),
compared to two years ago.
KZN has shown a decline in demand for building and construction professionals
over the last two years (-23%); however, this trend is likely to change in the
coming months as a result of the recent flooding and damage in the province, it
concludes.
Illegal Immigrants, most of them from Zimbabwe, are
smashed against a fence at the entrance of a refugee centre June 17, 2008, in
Johannesburg, South Africa. In 2008, with the economic collapse of Zimbabwe and
widespread political oppression, more than 3 million Zimbabweans flooded across
the border into South Africa. (Photo by John Moore/Getty Images)
People who hold the Zimbabwe Extension Permit
are worried that they will not qualify for any of the
“mainstream” visas that they now have to apply for.
If they don’t fall into any of the very
specific visa categories, they have to return to Zimbabwe, displacing an
entire generation of children who have never set foot there.
Activists warn that this is going to create
chaos in a country already reeling from the othering and vigilantism
directed at Zimbabwean expatriates.
Zimbabwean expatriates are scrambling to apply for a visa to continue
living in South Africa after their Zimbabwe Extension Permits (ZEP) expired in
December.
If they are unsuccessful, in some cases, an entire generation of
children will be forced to relocate with their parents to a country they may
never even have visited.
However, according to Department of Home Affairs spokesperson Siya Qoza,
the agent VFS Global has only received 2 301 visa applications and 3 014
waiver applications from the exemption holders. A special team at the
department is still working through these for final approval.
According to the records of the department, a total number of 178 412
Zimbabwean nationals were granted exemptions.
“It must however be noted that some of them did not renew their
permits, and as such they lapsed. While others either migrated to other visas
or left the country,” said Qoza.
In November 2021, the department announced that the ZEP would not be
extended again, and all holders of this special permit had until 31 December
2021 to apply for a visa to stay in South Africa.
The ZEP cancellation and requirement to apply for a new visa aligns with
the department’s review of all visas issued from as far back as 2004, but
Zimbabweans are the only ones who have to reapply for a visa at the moment.
This appears to contradict the White Paper on International Migration,
which painstakingly sets out the democratic South African government’s commitment
to undo the apartheid-era’s preference for white immigrants, and restricting
permits to black migrants who were contributing to the country’s cheap labour
pool of mine and farm workers.
Zimbabwean nationals arrived in a larger group than usual in South
Africa around 2008, during a period of hyperinflation, food shortages, empty
government coffers, and severe political uncertainty back home.
A government of national unity was eventually formed in 2009 between
Morgan Tsvangirai and Robert Mugabe. Still, trust issues often saw it hit the
rocks. So many in the country who had had enough of the constant anxiety and
hardship, decided to leave.
After borders were declared during the various colonial wars, a long
history began of miners, farmers and cross-border traders coming to South
Africa.
Around 40 000 white “Rhodesians” who did not want to live
under a black government, known as “when wes”, settled in South
Africa after 1980, with few residency and work problems.
The two countries also have a shared recent history of supporting each
other during the struggle against colonialism and the white governments that
discriminated against black people. South Africa was heavily criticised for not
speaking out on complaints of human rights abuses in Zimbabwe.
However, after the sudden swell of people applying for asylum or refugee
status during the political and economic turmoil, in April 2009, Cabinet
created the Dispensation of Zimbabweans Project.
Home affairs minister at the time, Malusi Gigaba, said this was a
“significant gesture of support and solidarity” with Zimbabweans.
During the project, he said a total of 295 000 Zimbabweans had applied
for the permit, and just over 245 000 had been issued. Those who were refused
either had a criminal record, lacked a passport, or did not fulfil other
requirements. The permit gave the holder the same rights as South Africans,
except voting rights. In many cases, recipients handed in their asylum permits.
The introduction of the permit coincided with a horrific wave of
xenophobia in South Africa. However, the government dismissed accusations of
xenophobia, saying the attacks on people and shops were by “criminals”.
But anti-Zimbabwean sentiment appears to have resurfaced again, with
Zimbabweans being accused of taking jobs that South Africans could be doing.
The permit allows Zimbabweans to work in South Africa, and has offered a
level of protection against harassment, but now there are worries that not
qualifying for a visa could lead to great upheaval, in spite of years of
working in and contributing to SA’s economy.
The invitation to apply for a visa may sound positive to an outsider,
but to Zimbabweans trying to get one, it is a nightmare, with horrifying consequences
for those who fail.
Lawyer Simba Chitango told News24:
This is going to create a humanitarian disaster.
Last year Chitango unsuccessfully tried to get home affairs to cancel
the reapplication process.
He is preparing a similar court application again on the grounds that
Zimbabweans who have lived here for most of their working lives should, by now,
have the right to have their ZEPs converted to permanent residence.
He explained that ZEP holders must choose from different specific visa
categories. These include business, study, spousal, and work visas. Applicants
must find one that best suits their situation.
However, to get a work visa, the applicant must prove they are filling a
critical skill post and that their employer cannot find an equally qualified
South African for the job.
Published on the department’s website, the critical skills list sets out
the highly specialised jobs that meet the criteria for this visa category. Many
are in the sciences, such as astrophysicists, making it difficult for general
workers to meet the requirements.
“Not everybody is a rocket scientist,” said Chitango.
WATCH | Podcast companion: The Story of Joseph
Dhafana
Joseph Dhafana is one of the thousands of
Zimbabweans who hold a Zimbabwean Exemption Permit. He has until the end of
this year to migrate to another permit, but if his application for a business
permit is unsuccessful, he faces deportation.
The Helen Suzman Foundation also intends
going to court to challenge the sudden decision to terminate the
permits at the end of the year.
“They will be put to a desperate choice: to remain in South Africa
as undocumented migrants with all the vulnerability that attaches to such
status or return to a Zimbabwe that, to all intents and purposes, is unchanged
from the country they fled. There are thousands of children who have been born
in South Africa to ZEP holders during this time who have never even visited
their parents’ country of origin.”It is not the position of HSF that those
migrants who are in South Africa unlawfully should be entitled to remain, nor
even that the ZEP must continue in perpetuity. Rather, our position is that
those who have scrupulously observed South Africa’s laws in order to live and
work here under the ZEP cannot have such permits terminated without fair
process, good reason and a meaningful opportunity to regularise their
status.”
Mercy Dube, a volunteer with Global South Against Xenophobia, said the
updated critical skills list alone was going to exclude almost all of the ZEP
holders who apply.
“It is done deliberately so that Zimbabwe nationals will be
displaced,” she said.
Many people don’t have critical skills because they are waiters,
domestic workers, general workers.
A critical skills applicant must also supply a letter from the
Department of Labour, confirming that they are providing the critical skill.
The employer must also advertise the reason for hiring a foreign national for
that job.
Dube said that despite DHA’s instructions to banks and financial institutions
not to freeze accounts or withhold services during the grace period, this was
not always adhered to.
My biggest fear is losing my bank card.
She said that, at floor level, clerks said they could not get a
replacement bank card if it was lost or stolen, because their ZEP had expired,
and that the same was sometimes experienced by people renewing their driver’s
licences.
Dube added that there was a perception that the study visa was an easy
“in”, but it came with a host of financial commitments – fees paid up
in full, checks that classes are attended, and proof of medical aid cover.
Immigration lawyer Gary Eisenberg wrote in a column in the Mail &
Guardian in 2019 that the Department of Home Affairs’ business permit section
was so inefficient that it couldn’t support the commitment by President Cyril
Ramaphosa that “South Africa is open for business”.
According to Eisenberg, it is no better in 2022. And, it has become even
worse for small business owners.
“They are screwed,” he said.
To qualify for the business visa, the applicant had to prove a
R5-million investment in South Africa, something that was impossible for a
small shop owner or a small business owner like a hairdresser, Eisenberg said.
They could apply for a waiver, but this had to be personally signed off
by the minister of home affairs, and experience had shown that it took a
minimum of one year to be approved.
“Come 1 January 2023, 150 000 people are going to be subjected to
leaving South Africa for Zimbabwe. With nobody waiting on the other side,”
warned Eisenberg.
Recognising that its visa services were severely backlogged, the
department appointed private company VFS Global Services to deal with the visa
applications in 2014, and it was only possible to apply for a visa through them,
although DHA had the final say on whether it was granted.
The costs associated with the application are also high.
According to Qoza, the VFS service fee is R1 550, and the DHA cost
between R425 or R1 520-00 depending on the category of the visa.
Sources say there are also hidden costs: an average R850 for a
radiography report to rule out contagious diseases, the cost of a general
health report, the cost of police clearance, and between R3000 to R4000 to get
a Zimbabwe passport issued for the application if necessary.
According to DHA statements, VFS do this at no charge to the overwhelmed
DHA.
Eisenberg describes VFS as a “professional world-class five-star
service,” which stepped in at a time when almost 50% of visa applications
simply went missing at home affairs.
“Home affairs is simply incapable of supply chain control from the
front office to the back office. And they are always trying to reinvent
themselves,” he said.
Activist against xenophobia Roshila Nair becomes increasingly angry as
she talks about the visa process for ZEP holders.
She said:
The ZEP signals a kind of state xenophobia. It
gives people a licence to target Zimbabweans, and it is women and children who
are affected the most.
Nair said she was not surprised that so few applications had been
received for the visas.
She said Zimbabweans were already subjected to spot checks at their
workplaces, harassment by Operation Dudula and PutSouthAfricaFirst activists,
and were constantly hazed on social media, with this sometimes even supported
by prominent figures and some police officers.
Many were fearful and traumatised by vigilante attacks and othering,
especially after the murder of Elvis Nyathi in Diepsloot by
vigilantes.
Residents in Diepsloot said they would be able to
sleep on Thursday night as police patrolled the streets following a spate of
killings and protests in the community.
“It needs a diplomatic resolution from the state. At first it is
the ZEP, and tomorrow it is going to be another group.”
Edward Muchatuta, the national co-ordinator of the Zimbabwean
Exemption Permit Association, said the government had made ZEP holders think
they would be all be eligible for the “mainstream” visas that fall
under the Immigration Act.
“This is a total lie. They knew people wouldn’t qualify for a
mainstream permit.”
He warned that people now realised that they would probably not qualify
for any category of visa and might opt to continue living in South Africa
without one, or any protective documentation.
He is particularly worried about the fate of the children of adults who
could be deported to Zimbabwe.
According the Qoza, as matters stand, the validity of the exemptions has
been extended until 31 December 2022, including those of children.
“Once the applicant has been issued with one or other visa, he or
she will continue to proceed to regularise the legal status of the
children,” he explained.
Muchatuta said ZEP holders were on edge over their children’s education,
particularly if they were rejected for a visa.
He said:
Children in Grade 11 now will have to go to
Zimbabwe for their final year of schooling next year, but the South African
syllabus is totally different to the Zimbabwe syllabus.
They would most likely fail their finals and battle to go to tertiary
education or find work.
“This will put them on the streets.”
Also a truck driver, Muchatuta said the systemic discrimination against
Zimbabweans in crucial truck driving networks was already at a crisis
point.
During a blockade of the N3 on Thursday, he said the government only
stepped in if South Africans were at risk of attack.
“If it were migrants attacking locals, this would have been
attended to,” he said.
He said he was extremely concerned about the lack of communication from
the Zimbabwean government over what arrangements, if any, had been made to help
resettle returning Zimbabweans and was trying to get information from the
Zimbabwean government about the people he is helping.
He said the average price of a small plot was about $5 000, which most
returning Zimbabweans would not have.
“How can a domestic worker who earned R2 500 a month afford
it?” he asked.
“This is going to cause chaos in South Africa,” he said.
Response
The government of Zimbabwe is encouraging its nationals in South Africa
under the ZEP to apply for other permits available if they want to stay in the
country.
In an interview with News24, Livit Mugejo, Zimbabwe’s foreign affairs
and international trade spokesperson, said: “Zimbabwe recognises and
respects the sovereign decision of the government of South Africa.”
A decision was taken by the South African government that when the
permits expire in December this year, those who don’t have other permits to stay
in the country would have to go back to Zimbabwe.
Those who wish to stay would have to do so under new requirements.
“Immigration laws are made by the receiving government. As such,
our government is encouraging the Zimbabweans in South Africa to meet the new
requirements and apply for the other permits.
“Zimbabweans are still free to stay, study and do business in South
Africa as long as they secure alternative visa permits,” he said.
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…
Chairperson of the Zimbabwe Community in SA, Nqabutho Nicholas Mabhena,
said they were waiting for the South African government to amend the
Immigration Act.
“We don’t know what the final amendment will be like. We are not
very sure if the proposals contained in the wide pact on international
migration as gazetted in 2017 will be carried forward. So, on our part it’s a
wait and see on how South Africa is going to proceed,” he said.
At the time the ZDP permits were introduced, almost a million
Zimbabweans were estimated to be living and working in South Africa.
With the expiry of the permits, Mugejo reminded Zimbabweans that they would
be treated like any other foreigner in SA.
“Zimbabweans are now being treated just like any other foreign
nationals who are living in SA and are, therefore, required to have permits
that other foreign nationals similarly obtained,” he said.Zimbabwe’s
ambassador to South Africa, David Hamadziripi, told News24 that government
officials had met with their South African counterparts in May to allow for
minimal disruption of the lives of Zimbabweans as the permits expire.
“We have been engaged in talks with SA so that we can communicate
the right information to our people, because without adequate knowledge, their
lives would be disrupted largely because of confusion,” he said.
He added that the Zimbabwean government had put in place mechanisms to
assist those who already wanted to return home.
In the meantime, the holders of Lesotho Extension Permits would also
have to go through the same process when their permits expired at the end of
December 2023.
2022 arrives, Home Affairs Minister Aaron Motsoaledi, like his peers in
Cabinet, will be with their families and will not have to fear being displaced
from a country they’ve called home.
Instead, this will be the reality for thousands of Zimbabweans who will
be affected by Cabinet’s decision made last December to cancel, without
consideration, the Zimbabwe Exemption Permit (ZEP).
The resolve was made without due regard for what would happen to tens of
thousands of people who came to South Africa seeking nothing but a better life,
and whose lives will now be upended by this decision.
The exemption permits were granted to more than 250 000 Zimbabweans who
were among more than estimated two million who migrated to neighbouring
countries at the height of Zimbabwe’s political and economic crisis in 2008 and
2009.
The temporary measure was meant to regularise their presence in South
Africa and allow Zimbabweans access to services such as banking. But now
government has decided to cancel this measure without putting proper plans in
place.
The one-year grace period expires at the end of this year.
In justifying government’s decision, Motsoaledi bemoaned how
“people keep blaming the immigration services of South Africa, as if when
one country creates a crisis, the country closest to it must respond by
building the requisite capacity to deal with that crisis. That’s the logic
here”.
The thing is, the South African government did play a role in the
political crises that engulfed Zimbabwe, resulting in the economic crises, by
allowing the Mugabe regime to get away with rigging the 2002 election and many
other crimes after that.
There’s much to be said about former president Thabo Mbeki’s complicity
in the actions of the Mugabe regime as was revealed by the Khampepe report,
which government spent 12 years blocking from becoming public.
Those who got caught in the crossfire of the political and economic
crises in Zimbabwe did all they could to flee for a better life, turning to
neighbouring South Africa for refuge.
Now, these people face further displacement as they risk deportation once
the ZEP expires at the end of the year.
Those who left Zimbabwe and settled in South Africa, have called this
home for over 10 years. They have had children here and built their lives
here.
As you will see in News24’s Unwelcomed
Neighbours, the decision to revoke the permit affects all types
of people from across the social spectrum. It impacts on teachers, truck
drivers and doctors. It will separate families and leave others stranded
without cars or access to banking.
It interrupts university students who were trying to complete their degrees
and it affects people like Angeline, who has been living and working in South
Africa for near on a decade, but will not be able to seek treatment for brain
cancer at Groote Schuur Hospital in Cape Town, without a valid permit.
She is currently in remission, but fears for her life. Gladys says
she has sleepless nights because she does not even have a home in Zimbabwe.
“l don’t know where I am going to live when I get deported. I am going to
sleep in the street because l have nowhere to go to,” she said.
Others like Kelvin Chunyemba are worried about what this decision means
for their children.
“The main issue is with kids who are going to school. Some are
already at a higher level, so changing them to a new different curriculum is a
big obstacle. Now the banks are threatening to freeze the accounts. It’s all a
mess,” he said.
As many activists and ordinary people affected by this decision will
tell you, government’s processes make applying for another permit difficult and
sometimes almost impossible.
People like Obey Shana want to comply with government’s decision, but
believe a grace period of one year does not give them enough time to sort out
their lives, to either return to Zimbabwe or to apply for the necessary
documentation in South Africa.
What further stood out for us in probing the impact of Cabinet’s
decision to end the ZEP was the fear among ordinary Zimbabweans of being
identified. They are worried that they will fall victim to movements like
Operation Dudula, who have been emboldened in their xenophobia by government’s
decision.
With just six months to go until the permit is cancelled, tens of
thousands of Zimbabweans – our neighbours – will no longer be welcome in South
Africa and their lives will be turned upside down again. In the spirit of
ubuntu, we should all be ashamed.
services provided by the department of home affairs are of primary
importance to everyone residing in South Africa, both citizens and
non-nationals. It is crucial to have a functioning department that can handle
the civic needs of citizens and non-nationals. The department’s failures are
well-documented and well-known to any South African who has tried to apply for
an identity document, passport, or register their child’s birth.
It has become an accepted norm that one may have to take time off from
everyday commitments to queue outside one of the department’s offices for
hours. Even then, assistance is not guaranteed. On most days, the system is down and only a handful of people
can be assisted. Repeat visits to a local department office are a norm
before successful assistance can be received.
While the relationship between the department and South African citizens
has proven to be a frustrating challenge for most, its relationship with asylum
seekers and refugees is in a worse state of atrophy. South Africa is arguably a
major destination for displaced people seeking refuge, and economic migrants as
well. As such, the country needs a proactive and progressive department to
address these different immigration needs.
According to the United Nations Refugee Agency (UNHCR), South Africa
currently hosts about 77 000 recognised refugees and 187 000 asylum seekers.
While the exact number of undocumented persons in the country is unknown,
Statistics South Africa estimates that
about 3.95 million people in South Africa are foreign born. This number
includes “migrants of all types and is collated regardless of legal status”. This
estimation correlates with the World Bank Group’s 2018 report that 3% to 7% of persons living in
South Africa may be non-nationals. Given South Africa’s estimated population of
60 million, the implication is that between 1.8 and 4.2 million individuals may
be of foreign origin.
The department has a duty to facilitate, regulate and execute South
Africa’s immigration laws and policies, and must do so in a manner that
complies with the international laws it is signatory to, and with human rights
standards. This has not always been the case. Through its refugee reception
offices and accompanying services, the department has the power to accept,
process and adjudicate applications for asylum.
The department holds the key to the future of asylum seekers, refugees,
and children born to them. While the laws and policies that govern asylum
seekers and refugees in South Africa have been regarded as largely progressive,
refugees and asylum seekers are increasingly facing difficulties in accessing
their rights as a result of policies and practices that prevent them from
regularising their stays. The closure of three refugee reception offices has
also been central to this.
In 2011, the Johannesburg and Gqeberha refugee reception offices were
closed with the intention of moving all refugee reception offices to border
areas to speed up and streamline the asylum process — or so the department
said. Asylum seekers and refugees who opened their files at these offices had
to travel to Durban, Musina or Pretoria to renew their permits, go for
interviews, or join family members to their files.
Long distance travel is unaffordable to most in South Africa, including
asylum seekers and refugees. Some will have to make the trip multiple times or
stay around the refugee reception office for extended periods because offices
may decide to assist specific nationals on a particular day of the week. The
Gqeberha refugee reception office reopened after prolonged litigation but the
Johannesburg office remains permanently closed.
On 30 June 2012, the Cape Town refugee reception office closed to new
applications for similar reasons. Although the office remains open to existing
asylum seekers and refugees, those who had not applied for asylum at the Cape
Town office prior to 30 June 2012 are in the same position as those who
initially applied in Johannesburg and Gqeberha. After prolonged litigation
launched in 2012 by the Legal Resources Centre (LRC) on behalf of the
Scalabrini Centre and the Somali Association for South Africa, the supreme court of appeal in 2017 held that
the decision to close the Cape Town refugee reception office was unlawful and
directed the department to re-open the office to new applications. Because of
the department’s failure to comply with this order, and a fresh application
being launched by the LRC on behalf of its clients, the Western Cape high court
in 2021 ordered that the
matter should be placed under case management, requiring the department to
provide the court with monthly progress reports. The Cape Town refugee
reception office remains closed to new applications.
With the declaration of the national state of disaster in 2020, all
refugee reception offices were closed to mitigate the spread of Covid-19,
meaning that the immigration services available to asylum seekers and refugees
were further limited. Although the department granted a blanket extension to
asylum seekers or refugees whose permits expired during the lockdown, no
provision was made for new asylum seekers to obtain documentation.
In April 2021, the department introduced an online system through which
existing asylum seekers and refugees could apply for a permit extension. This
was an attempt to ensure that asylum seekers and refugees remain documented but
many reported a lack of
feedback on the status of their application or any acknowledgement whatsoever
that an application was received.
Asylum seekers and refugees are not new to the bureaucratic
inefficiencies, poor infrastructure, and corruption of the department. The
closure of refugee reception offices arguably implies a systematic attempt to
reduce the asylum population by limiting service centres, and inadvertently
overburdening remaining offices with applications. Some applicants have been
waiting for recognition of their status for more than 12 years.
The department’s failure to effectively provide immigration services has
dire consequences for asylum seekers and refugees who are often left
undocumented for months or years. They risk losing employment and accommodation
and may be deported even if they have a valid refugee claim. When an asylum
seeker is finally interviewed to determine whether they may be declared as a
refugee, the chances of success are poor – 96% of applications are rejected,
often based on “poor decision-making and lack
of sound reasoning”.
In 2021, the department announced that the Refugee Appeal Authority —
the administrative tribunal that considers applications rejected by the refugee
status determination officer — faces a backlog of
more than 153 000 applications. The auditor general has indicated that, should
the department continue to operate as it does, it will take 68 years to address
the backlog without factoring in any new applications. The consequence of the
backlog is that many individuals entitled to asylum or refugee status are stuck
without knowing whether they should build a new life for themselves in South
Africa while they remain on the fringes of legality.
South Africa’s Constitution guarantees the basic human rights of all
people. Without documentation, these rights are illusory for many.
Hundreds of thousands of Zimbabweans living in South Africa may find
themselves undocumented on 1 January 2023. The HSF is trying to stop this.
The Helen Suzman Foundation (HSF) is taking the Minister of Home Affairs
to court, seeking to set aside what it describes as a “hasty, untransparent and
ill-considered” decision not to renew, beyond December of this year, the Zimbabwean Exemption Permit (Zep).
About 178,000 Zimbabwean nationals live, study and work legally in South
Africa with the Zep. The permit was first introduced 13 years ago to regularise
the status of the many Zimbabweans living in the country.
The HSF says in its application, filed in the Pretoria high court, that
the Zep was introduced in recognition of the dire situation in Zimbabwe and to
alleviate pressure on the Department of Home Affairs in processing applications
for asylum.
But now, they face becoming “undocumented” at the end of this year.
HSF executive director Nicole Fritz says in her affidavit that this will
expose Zimbabwean immigrants to dangers of xenophobic attacks, extortion,
detention and deportation.
They will lose their jobs, businesses and homes. They will lose access
to banking services. Their children could be denied access to schooling,
medical care and social services and they will be forced to return to Zimbabwe.
“They will be put to a desperate choice: to remain in South Africa as
undocumented migrants with all the vulnerability that attaches to such status
or return to a Zimbabwe that, to all intents and purposes, is unchanged from
the country they fled.
“There are thousands of children who have been born in South Africa to
Zep holders during this time who have never even visited their parents’ country
of origin,” Fritz said.
The HSF wants a judge to rule that the minister’s decision, announced in
January this year, to terminate the Zep is unlawful, unconstitutional and
invalid, and that it be reviewed and remitted back to the minister for
reconsideration “using a fair process” involving meaningful engagement with
those affected and civil society.
“We do not contend that the minister is obliged to extend exemptions in
perpetuity, nor do we argue that permit holders may never have their permits
withdrawn. This case concerns the manner in which the minister reached his
decision,” Fritz says.
“It should have been taken following a fair process, for good reason and
with a meaningful opportunity for permit holders to regularise their status.
“A decision of this consequence, impacting more than 178,000 people,
required proper information on who would be affected, including children, and a
careful assessment of the current conditions in Zimbabwe,” Fritz said.
She said the minister’s “silence on the impact” coupled with an absence
of any meaningful justification, threatened to reinforce and entrench
xenophobic attitudes towards the permit holders.
“It suggests their lives and rights are of lesser concern and may be
disregarded entirely in pursuit of political expediency.
“This unavoidable impression is reinforced by the minister’s press
statement in which he claimed to have received overwhelming support of the
decision by South African citizens expressed in messages widely circulated on
social media.
“A brief search of these posts turns up countless messages expressing
xenophobic attitudes, crude stereotypes and hate speech,” Fritz said.
She said economic and political conditions in Zimbabwe had not
materially changed.
In fact, reports by credible international organisations such as the
World Bank, the IMF and Human Rights Watch, were unanimous that conditions
remain dire, that poverty rates were rising alarmingly and political life was
characterised by widespread violence and social upheaval.
There were also legal and practical barriers to the permit holders
obtaining alternative visas.
Four permit holders, including a Johannesburg teacher, have put up
affidavits in support of the application, highlighting their fears for their
future, and that of their families, should their permits lapse at the end of
December.
The Minister and Director-General of Home Affairs have four weeks to
file opposing affidavits.
“New immigration policy undoubtedly intends to
crack down on foreign nationals unlawfully working in South Africa.”
The new immigration policy undoubtedly intends
to crack down on foreign nationals unlawfully working in South Africa.
Zimbabwean domestic workers and labourers without
proper work permits will face deportation by the end of the year.
We chat with a legal professional to
understand what this policy is about, how it will affect ZEP holders, and
what it will do for South Africa’s economy.
The South African government has said that Zimbabwean Exemption Permit
(ZEP) holders must find alternative ways to stay in South Africa legally by 31
December 2022.
Only Zimbabweans with a Visa Facilitation Services (VFS) Global
receipt to show that they have applied for an alternate visa can continue
working, studying, and using banks.
Unfortunately, the situation will be very bleak for Zimbabwean
labourers, construction workers, e-hailing drivers, gardeners, and domestic
workers because they will not qualify for the other visas in the Immigration
Act, such as permanent residence, study visa, and critical skills visas as
they do not fall under these categories.
‘Children attending school in SA’
One concerned father said he came to South Africa in 2011. He has two
children with South African women. The two children are attending school in
South Africa, and he is financially responsible for them. Should he be
deported, the children would be at risk of dropping out of school and living in
extreme poverty.
The father said he tried to apply for a critical skills work visa and
registered with the SA Body of Natural Sciences and the South African
Qualifications Authority, but didn’t get approval because he didn’t have the
required years of work experience.
‘Their contribution to society remains
unrecognised’ Ramaphosa praises domestic workers
Speaking at a Cosatu women’s event in Ekurhuleni,
ANC president Cyril Ramaphosa praised domestic workers for their role in the
country, saying that more needs to be done to ensure their rights are protected,
and they receive decent wages.
Deportation will devastate family
A mom who wanted to remain anonymous and works as a childminder told us
she was devastated when she heard the news that Zimbabweans without a proper
work permit would be deported.
“I support three children in Zimbabwe. I am also supporting my
mother financially as she has health challenges. Me working here was our only
lifeline, and I am very worried.”
To understand what this policy is about, how it will affect ZEP holders
in South Africa, and why it is necessary, News24
spoke to Bernard Reisner, a labour and industrial consultant at Cape Labour
& Industrial Consultants, a law firm based in Cape Town.
‘First comprehensive national policy’
“The Draft National Labour Migration Policy (NLMP) is the first
comprehensive national policy on South Africa’s labour migration
management,” said Reisner.
He said the policy sought to achieve a “brain gain” through
skills entering the country and counter a “brain drain” through
skills leaving the country.
“The NLMP has been created to make it legal for the government to
regulate the employment of foreign nationals in South Africa,” Reisner
added.
Why implement such a policy?
This comprehensive labour migration policy was implemented because South
Africa was the most prominent host of foreign nationals when compared to other
African countries.
The draft policy will attempt to put more power in the hands of the
Department of Employment and Labour, rather than Home Affairs, to govern and
manage labour migration.
“Historically, Home Affairs has been the main administrative
authority, with the Department of Employment and Labour acting mostly in an
advisory capacity,” explained Reisner.
The policy stated that it would make labour migration more beneficial to
the South African economy through interventions that would attract and retain
skills in the country.
‘Enforcing the policy is key’
Reisner said the draft policy was undoubtedly aimed at cracking down on
foreign nationals unlawfully working in South Africa.
“Writing a policy is one aspect, and implementing it is another.
South Africa does not have a great track record for enforcing the existing
labour and migration laws,” said Reisner.
However, the NLMP policy has not yet been set in stone.
“It still needs to go through a parliamentary process that will
likely take a lengthy time,” he added.
Foreign nationals urged to get registered and stay
away from criminal activities
Anti-crime protests turned violent last week and
led to a vigilante attack on a Zimbabwean national, Elvis Nyati, with the mob
killing and burning him
Fine or imprisonment
But he cautioned that an employer who knowingly employed a foreign
national who did not possess a valid work permit, could be fined or face
imprisonment of up to one year for a first offence.
“It should be noted that even if a domestic worker does not have a
valid work permit, they still enjoy all the rights afforded by labour
legislations such as the Labour Relations Act, Employment Equity Act and the
Basic Conditions of Employment Act,” he elaborated.
“Once the NLMP is made known, it shall reaffirm that a domestic
worker/nanny who is a foreign national employed in South Africa, without a
relevant work permit, shall not be entitled to continue working legally in
South Africa,” Reisner said.
“A domestic worker does not fall within the ambit of critical
skills to perform their work. As a result hereof, persons employed in this
sector can be sourced by South African citizens to meet South Africa’s labour
market needs”.
As of Wednesday, South Africans no longer need
to wear face masks.
Limits on gatherings and border checks for
Covid-19 – and the need to be vaccinated to enter South Africa – have also
been dropped.
Health minister Joe Phaahla quietly repealed
the regulations by notice in the Government Gazette, ahead of a planned
press conference on Thursday.
As of Wednesday, South Africans no longer need to wear masks indoors in
public settings.
Limits on gatherings, and border checks – including for vaccination
status – have also been dropped.
Health minister Joe Phaahla repealed
the relevant regulations with a simple notice in the Government Gazette,
the import of which was not immediately evident because of the technical nature
of the notice.
Phaahla is due to join the minister in the
Presidency, Mondli Gungubele, for a press briefing on Thursday, about cabinet deliberations after the health department advised that
Covid-19 restrictions should be dropped.
They were expected to announce that President Cyril Ramaphosa and his
cabinet had signed off on ending the last major restrictions relating to
Covid-19, first imposed during what was expected to be a lockdown of three
weeks.
The mask mandate and other restrictions had originally been imposed
under the authority of a national state of disaster. When that was
discontinued, the same rules were imposed under the power granted to the health
minister to deal with notifiable medical conditions.
By repealing three sections of those regulations, “in their
entirety”, Phaahla with immediate effect ended those
obligations.
Capetonians take advantage of new Covid-19 mask
regulations
On Wednesday South Africans had the pleasure of
roaming the streets and other outdoor spaces without having to wear a mask, for
the first time in over two years. This comes after President Cyril Ramaphosa
relaxed regulations under alert Level 1. He went on to say that wearing masks
indoors, is still compulsory.
The repealed rules formed part of what is formally known as the
Regulations Relating to the Surveillance and the Control of Notifiable Medical
Conditions, into which they were inserted on 4 May. They are:
16A: “Wearing of face masks to contain
the spread of Covid-19”, which required a mask in any public-use
indoor space or when on public transport
16B: “Regulation of gatherings to
contain the spread of Covid-19”, which limited any gathering of
more than 100 people to 50% of maximum venue capacity if everyone was
vaccinated, or to an absolute maximum of 1,000 people indoors or 2,000
people outdoors if vaccination status was not checked.
16C: “Regulation of persons entering
the country to contain the spread of Covid-19”, which demanded
either vaccination certificates or recent negative PCR tests, or proof of
recovery from Covid-19, from all travellers older than 12 entering South
Africa.
The three sets of regulations, now scrapped entirely, had each contained
clauses that would have allowed Phaahla to temporarily suspend their
enforcement, then reinstate them again if he saw fit.
In a letter to MECs dated two days
ago, Phaahla said “current epidemiological analysis points
towards lower infection rates and that the country has exited the recent spike
(5th wave), which the current limited regulations were promulgated to
mitigate.”
He told those provincial health leaders that recommendations to scrap
regulations 16A, 16B, and 16C would be discussed by cabinet “in the next
48-72 hours”.
That expectation turned out to be overly pessimistic, but the speed with
which the proposals were processed remained secret, with the Presidency on Wednesday still unable to “confirm
any timelines” around meetings.
Employment and Labour minister Thulas Nxesi says his department is in
the process of finalising two new documents which will tighten employment laws,
including limitations on the hiring of foreigners.
Nxesi was responding to complaints by truck drivers this week which led
to a major blockage of the N3 highway. One of the key complaints raised by the
drivers is that jobs are being taken by both legal and illegal foreign workers.
One of the key ways that government plans to address this is through the
proposed National Labour Migration Policy, Nxesi said. He noted that the policy
aims to achieve a balance across several areas, including:
The first is to address South Africans’
expectations regarding access to work opportunities, given worsening
unemployment and the perception that foreign nationals are distorting
labour market access. The NLMP, together with proposed legislation, will
introduce quotas on the total number of documented foreign nationals
with work visas that can be employed in major economic sectors such as
Agriculture, Hospitality and Tourism, Construction, etc.
The NLMP will be complemented by small
business interventions and enforcement of a list of sectors where foreign
nationals cannot be allocated business visas and amendments to the Small
Business Act to limit foreign nationals establishing SMMEs and trading in
some sectors of the economy.
The Department of Home Affairs is reviewing
current legislation and strengthening the Border Management Authority to
secure porous borders and to allow for the orderly movement of people and
other nationals through ports of entry only.
Government plans to ramp up inspections
to enforce existing labour and immigration legislation.
Employment Services Amendment Bill
Nxesi said the National Labour Migration Policy goes hand in hand with
the proposed Employment Services Amendment Bill, which provide the legal basis
to regulate the extent to which employers can employ foreign nationals in their
establishments while protecting the rights of migrants.
The proposed amendments to the Employment Services Act aim to limit the
extent to which employers can employ the number of foreign nationals in
possession of a valid work visa in their employment,” he said.
It will also place several obligations on an employer employing foreign
workers, including:
Only employ foreign nationals entitled to work
in terms of the Immigration Act, the Refugees Act, or any other provision;
Ascertain the foreign national is entitled to
work in the Republic in the relevant position;
Satisfy themselves that there are no South
Africans with the requisite skills to fill the vacancy;
Prepare a skills transfer plan, where
appropriate;
Employ foreign nationals on the same terms as
local workers; and
The Bangladeshi and Pakistani nationals allegedly arrived on a Qatar
Airways flight from Doha earlier this week.
JOHANNESBURG – The Home Affairs Department plans to reinforce transit
visas after eight undocumented migrants were arrested at OR Tambo International
Airport for attempting to enter South Africa through a fire hydrant.
The Bangladeshi and Pakistani nationals allegedly arrived on a Qatar
Airways flight from Doha earlier this week. The group were arrested by police
after hiding in a network of tunnels via a fire hydrant at the airport.
In 2015, Home Affairs stopped transit visas for people who were passing
through South Africa en route to neighbouring countries. However, Minister
Aaron Motsoaledi said this has led to an increase in illegal activities.
“We are deciding in Home Affairs that the transit visa will once
more be needed, but I’m sure you saw on social media when they were pulling
people out of the fire hydrant. When they move in there is a passage, that
passage is for pipes and wires and all that.”
Applying for critical skills work visa in South Africa as an artisan has
been a challenge for the longest time. In 2014 when the current amendments to
the Immigration Act were gazetted several gaps were identified in the Act which
included the absence of a SAQA accredited professional body to register
artisans. ECSA was not an option due to their minimum NQF criteria of 5 which
was a notch above the rating being given by SAQA for artisans. There was
a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient
and then they were not. There was a time when registration with the South
African Institute of Draughting was good enough and then it wasn’t. The latest
dispensation saw applications being rejected because Home Affairs required a
South African trade test. This of course is absurd for two reasons; the
artisan is already trade tested and secondly a South African trade test
requires a minimum experience in South Africa.
This inconsistency was a direct result of the absence of a key
legislative instrument, namely the National Register of Artisans. In
terms section 26C of the Skills Development Act 97 of 1998 as amended, the
Minister of Higher Education is required to establish a register of
artisans. This register unfortunately could not be implemented as the
regulations were not yet in place to establish this register, therefore the
NAMB letters were acceptable as they pointed to the absence of the National
Register of Artisans. In the absence of a clear framework on how to
recognise foreign artisans in the republic it meant that the Department of Home
Affairs was left to its own devices hence the constant changes in approach.
Fortunately, that gap has now been closed and a clear process of
registering artisans is now in place. The National Register of Artisans
Regulations was gazetted the 19th of March 2021 and provides a
framework for the registration of all artisans, local and foreign. There 4
categories of artisans, Practising Artisans, Non – Practising, Foreign
Practising and Foreign Non-Practising Artisans. Under regulation 3 it
is mandatory for all artisans to register with the Department of Higher
Educations National Artisan Development Support Centre (NADSC).
The registration requirements for foreign National Practising Artisans
are the following, a certified passport copy, evidence of legal visa for
entrance into the country, certified copy of trade test whether conducted
locally or abroad, SAQA evaluation of foreign trade test, proof of address and
proof of previous registration for a renewal.
Importantly regulation 6 has some consequences for visa applications by
artisans. 6.5 Provides that all foreign national artisans must
register with DHET before applying for critical skills work visa or any work
visa with DHA. 6.6 goes on to state that foreign national artisans will not be
granted critical skills work by DHA if they are not registered with DHET.
This means that as of 19th March 2021 it became impossible for an
artisan to get a visa without first registering the NADSC
Applying for critical skills work visa in South Africa as an artisan has
been a challenge for the longest time. In 2014 when the current amendments to
the Immigration Act were gazetted several gaps were identified in the Act which
included the absence of a SAQA accredited professional body to register
artisans. ECSA was not an option due to their minimum NQF criteria of 5 which
was a notch above the rating being given by SAQA for artisans. There was
a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient
and then they were not. There was a time when registration with the South
African Institute of Draughting was good enough and then it wasn’t. The latest
dispensation saw applications being rejected because Home Affairs required a
South African trade test. This of course is absurd for two reasons; the
artisan is already trade tested and secondly a South African trade test
requires a minimum experience in South Africa.
This inconsistency was a direct result of the absence of a key
legislative instrument, namely the National Register of Artisans. In
terms section 26C of the Skills Development Act 97 of 1998 as amended, the
Minister of Higher Education is required to establish a register of
artisans. This register unfortunately could not be implemented as the
regulations were not yet in place to establish this register, therefore the
NAMB letters were acceptable as they pointed to the absence of the National
Register of Artisans. In the absence of a clear framework on how to
recognise foreign artisans in the republic it meant that the Department of Home
Affairs was left to its own devices hence the constant changes in approach.
Fortunately, that gap has now been closed and a clear process of
registering artisans is now in place. The National Register of Artisans
Regulations was gazetted the 19th of March 2021 and provides a
framework for the registration of all artisans, local and foreign. There 4
categories of artisans, Practising Artisans, Non – Practising, Foreign
Practising and Foreign Non-Practising Artisans. Under regulation 3 it
is mandatory for all artisans to register with the Department of Higher
Educations National Artisan Development Support Centre (NADSC).
The registration requirements for foreign National Practising Artisans
are the following, a certified passport copy, evidence of legal visa for
entrance into the country, certified copy of trade test whether conducted
locally or abroad, SAQA evaluation of foreign trade test, proof of address and
proof of previous registration for a renewal.
Importantly regulation 6 has some consequences for visa applications by
artisans. 6.5 Provides that all foreign national artisans must
register with DHET before applying for critical skills work visa or any work
visa with DHA. 6.6 goes on to state that foreign national artisans will not be
granted critical skills work by DHA if they are not registered with DHET.
This means that as of 19th March 2021 it became impossible for an
artisan to get a visa without first registering the NADSC
For the population in rural areas who don’t
have an address or paperwork to prove it, FICA becomes impossible.
Those who are ‘unbanked’ now have more options
with financial service providers who are targeting them.
Here are four mobile payment platforms to use
without a bank account or credit card.
You may have heard the term “unbanked” in the last few years, referring
to the population that do not have their own bank accounts.
Opening an official bank account comes with the expected paperwork that
is the FICA process. But it can be challenging for those who live in rural
areas and don’t have official addresses or paperwork to prove it.
That, among other barriers to entry, has given rise to a range of
financial services that don’t require a bank account or credit card to make or
receive payments.
Here are 4 examples of mobile platforms that don’t need a bank account
or credit card to use:
Spot Money
The Spot Money app relaunched in 2021 as South Africa’s first ‘open
banking platform’. It is not tied to a bank and offers deals from third
parties. South Africans and foreign nationals can open transactional accounts,
generate virtual cards instantly, make payments or purchases with those
credentials or apply for a physical debit card.
The account can be topped up through EFT payments, using the Ozow direct
bank transfer option, or a linked card. It supports buying airtime, prepaid
electricity, paying bills and buying digital vouchers. Users can also send each
other cash instantly from their accounts, which could potentially be used to
pay a domestic worker or gardener monthly. Once you apply for a contactless
debit card, it can be used at physical stores. The virtual and physical cards
are issued by Mastercard.
The key differentiator with the Spot Money account is that is incurs no
monthly fees, and all in-app purchases and payments are free. It also supports
other apps like Masterpass, Snapscan, Zapper and wiCode. Cashing out and
deposits over a R1,000 incur a small percentage.
uKheshe
The uKheshe app offers a wide range of services such as being a digital
wallet, the ability to pay or get paid via a QR code instantly, Tap to Pay on
Android devices, card issuing (virtual and physical via Mastercard), and
sending money across the border.
A user does not need a smartphone to create a digital wallet and can
transact via USSD, otherwise, Whatsapp chat banking and an app is available. It
supports payments between people or merchants, cross-border exchange, crypto
transfers, paying for prepaid services or bills and insurance payments. Top-ups
and cash-out channels include EFT, retail, digital wallets, cash agents, card
top-up and wallet-to-wallet.
When the service first launched, it was positioned as a way to ‘pay it
forward’, for tipping or to pay car guards when one does not have cash, via a
quick QR code scan.
uKheshe has evolved to be a low-cost solution for contactless payments
with end-to-end encryption, KYC verification, and value-added services, backed
by Mastercard secure payments.
Mukuru
Mukuru is primarily a money transfer service that allows South Africans
to send money to 17 countries within Africa, the UK, China, India, Pakistan,
and Bangladesh. Other services include applying for a debit card, sending
groceries and as an enterprise payment platform.
Users can apply for a Mukuru Card that will allow them to shop online,
receive a salary, save money, pay for money transfers, withdraw or top-up cash.
Users can also swipe it for free at retailers and can buy airtime or pay for
DStv services. Cash can be requested at till points at most supermarkets, Game,
Makro, and Builders for anything between R3.70 and R19.99.
The Mukuru Card be collected at selected Clicks branches Mukuru branches
and agents nationwide. Activating it requires a R100 deposit. Unlike the other
services mentioned, the card carries a monthly fee of R27, and a once-off
activation fee of R46. While swiping at stores, purchasing SA airtime, and
receiving EFTs are free, other transactions carry a nominal fee.
Users from South Africa, Malawi, Zambia, Zimbabwe or Botswana can send
groceries and stationery to friends and family in Malawi and Zimbabwe,
available for pick-up at selected retailers or remittance partners in those
foreign markets.
Telkom Pay
Telkom Pay.
The Telkom Pay digital wallet is built inside Whatsapp and allows South
Africans with a mobile number to easily make transactions without having to
interact in person. Users need a South African ID number to verify themselves
at sign-up, and don’t need an existing bank account to make use of the wallet.
Sign-up can also be completed through USSD or through a QR code.
The digital wallet allows users to generate a virtual card that can be
used for payments, instead of having to use a physical debit or credit card.
Accounts can be topped up via EFT, Nedbank ATMs or at Pick and Pay. Money can
also be sent and received between any SA mobile number, and the limit for this
is capped at R3000 per day.
It also supports Scan-to-Pay with QR code, and similar to a please call
me, users can send a “please pay me” via Whatsapp. The service also supports
sending and receiving money between neighbouring countries. Additional services
include buying vouchers for gaming, entertainment, education, transport,
shopping, or gifting.
An anti-business Mayor and working from home are tipping the capital’s
growth into reverse
We might have hoped that the Prime Minister’s ambitious plans to
rebalance the British economy, and to close the massive gaps in wealth,
productivity and entrepreneurship between London and the regions, would have
involved making Bangor, Burnley or Bolton a little richer than they once were.
Instead, it turns out that something entirely different is about to happen –
London is about to get a lot poorer.
The Russian oligarchs who kept the law and PR firms lavishly employed have all been sanctioned. The venture
capital-fuelled tech start-ups are about to start laying off their staff in
droves as the money that kept them afloat evaporates. And the City faces a
bleak few years as the chill of a bear market descends at the same time as
ministers have shamefully failed to compensate for leaving the European Union
with any form of meaningful deregulation.
Throw in a Mayor who seems intent on killing any form of enterprise and
the capital faces a perfect storm. And given that it generates an alarming
percentage of the UK’s output, and almost all its growth, so does the wider
British economy.
With the pandemic over, with Brexit safely behind us, with talent visas
plentifully available, and with its hyper-mobile, cosmopolitan, well-educated
workforce buzzing with new ideas, you might expect London to be booming by
now.
For most of the last two decades, the city was on a roll, turning itself
into one of a handful of global high-growth urban hubs. From 2000 to 2020 its
GDP more than doubled, rising from £200bn to over £550bn. And its growth meant
it dominated the UK to an extent that was rarely matched in its long history.
According to the Office for National Statistics, London alone accounted
for 22pc of total UK output, and if you added in the commuter belt counties
that figure rose almost 40pc.
There was no great mystery about that. There were cities that
specialised in finance, in the arts, in technology, and in government, but
there were very few that excelled in all four and happened to speak English,
the global language of business and ideas, as well.
New York was a close rival, and so, in their own ways, were San Francisco,
Dubai and Singapore. But the British capital was unique. True, London had its
share of problems, there was never any question about that. From over-priced,
cramped housing, to rubbish transport, and pockets of real deprivation
especially among recent immigrants, it could be a difficult place to live. Even
so, it was a huge economic success. The trouble is, right now that is about to
go into reverse – for three reasons.
First, London was the main European hub, and arguably the main global
centre, for Russian money.
Vladimir Putin’s circle of mega-rich oligarchs, along with their wives,
children, mistresses and hangers-on, flocked to the capital. They bought up
football teams, newspapers, Mayfair and Hampstead houses, and they filled the
restaurants, theatres and clubs.
Their money funded small armies of legal, financial and public relations
advisers, charging lavish fees without any questions. And yet, with the war in
Ukraine, all that has come to a sudden end. The oligarchs have (quite rightly,
it goes without saying) been sanctioned, and the spending has been turned off.
That will hit lots of places, but it will hit London hardest of all.
Next, it was Europe’s key tech hub. There was more venture capital money
pouring into whizzy start-ups in Shoreditch than anywhere else in Europe, and
more “unicorns”, as new companies worth more than $1bn are known, as
well (London had 47 at the last count, more than double its closest rival
Berlin).
And yet right now, all those companies are starting to lay people off in
droves as the Nasdaq crashes and the easy money dries up. It has started in New
York, San Francisco, and Los Angeles where Netflix, Peloton and the trading
platform Robinhood have all started laying people off, while Meta and Twitter
have frozen hiring. The same thing is about to
happen in London over the course of the summer.
Finally, the City faces a bleak year.
The markets have crashed, and interest rates have started to rise
significantly, and central banks are not printing money any more. There are not
likely to be any more big deals for a while, the performance of everything
other than a few very smart hedge funds will be dismal, and no one will be
making money from trading anything other than oil.
Even worse, the financial sector still has to grapple with losing access
to the Single Market. If the Government had compensated for that with a round
of deregulation to capitalise on all the opportunities of Brexit it should have
been booming by now. But there has been no meaningful liberalisation, and there
is little chance of it now.
If you add in a Mayor who seems intent on causing as much economic
damage as possible, along with rail unions and airlines that make getting in
and out of the capital virtually impossible, and a workforce that is more reluctant to go back into the office than any in the
world (for which, come to think of it, thank the Mayor and the
unions – commuting is far worse than it should be) and one point is surely
clear: London’s economy is about to take a huge hit.
That matters. London not only accounts for a huge chunk of the British
economy, for the last two decades it has accounted for almost all its growth,
and a huge slice of tax revenues as well. We might have been hoping that the
regions were about to get richer. Instead London is about to get a lot poorer –
and that is a big problem for the British economy.
A Bangladeshi businessman was shot to death
by an unidentified assailant in Atlanta, Georgia in the United States on
Wednesday.
The deceased, Abu Saleh Mohammad Mahfuz Ahmed, 47, was from Noakhali and
lived in Atlanta with his father Abu Taher, wife Mahmuda Begum, son Faruz
Ahmed, 4, and daughter Faiza Mahfuz, 9, the deceased’s younger brother Masum
Ahmed said.
Saleh went to America about 12 years ago in search of a living after
winning the Diversity Immigrant Visa Lottery. He set up his own business in Georgia
after working at a shop.
On Wednesday morning Bangladesh time, a man fired bullets at him inside
his shop, killing Saleh on the spot, Tarek Hasan, a Bangladeshi who lives in
Georgia, said.
Saleh’s father said that he would be buried at a local cemetery after
funeral prayers in the small hours of Friday.
Eight illegal foreigners were arrested at OR
Tambo International Airport for attempting to enter South Africa though a
fire hydrant.
Minister of Home Affairs Aaron Motsoaledi says
because South Africa does not have transit visas, that has made it easy
for illegal foreigners to make their way into the country.
The department plans to reinforce transit
visas following the incident.
The Department of Home Affairs plans to reinforce transit visas after
eight illegal foreigners were arrested at OR Tambo International Airport for
attempting to enter South Africa though a fire hydrant on Wednesday.
They entered a network of tunnels via a fire hydrant, officials
said.
The four illegal Bangladeshi and four illegal Pakistani nationals allegedly
arrived on a Qatar Airways flight from Doha.
The incident prompted Minister of Home Affairs Aaron Motsoaledi and
Minister of Transport Fikile Mbalula to visit the airport.
According to Motsoaledi, because South Africa does not have transit
visas, that has made it easy for illegal foreigners to make their way illegally
into the country.
“This is what they do… and I think they are starting to abuse
it,” he said.
Motsoaledi said recently, there has been an increase in the number of
Bangladeshi and Pakistani citizens who come via Qatar Airways, a route used to
go to Lesotho or Eswatini – which is where these illegal foreigners were going.
In this case, OR Tambo is used as a transit point, he said.
Motsoaledi said those who were supposed to move through to the transit
lounge to go to the country they were supposed to go to did not do so.
According to Motsoaledi, the foreigners, who were en route to the
transit lounge, would then decide to take a detour.
“The police officer who is part of the security at the airport
noticed and followed the foreign nationals.
“One of them was holding a phone, which meant they were being
directed through the airport because they do not know it, as they are not from
here,” said Motsoaledi.
Crime in SA
He said the foreigners were found entering the fire hydrants at the
airport.
The minister explained these fire hydrants have passages inside the
pipes that the illegal foreigners intended to use to exit the airport.
“But they were caught.
“When I got there, I called state security because I wanted them to
be interrogated thoroughly because we wanted to know what that operation was
all about and we also wanted to know why this type of thing is happening
now,” said Motsoaledi.
When the foreigners were interrogated by state security, Motsoaledi
discovered that in 2018, Home Affairs stopped transit visas meaning it was not
required when traveling through South Africa.
“If we had not caught the foreign nationals in time ,they would
have continued to go through to Eswatini or even Mozambique,” he said.
The minister also noted that the eight illegal foreigners were
questioned by the state security for almost eight hours and they now have all
the necessary information surrounding this incident.
South Africa has reinstated its transit visa rules. The announcement was
made by Home Affairs minister, Aaron Motsoaledi, earlier today.
JOHANNESBURG – South Africa has reinstated its transit visa rules.
The announcement was made by Home Affairs minister, Aaron Motsoaledi, on
Saturday.
In 2015, Home Affairs stopped transit visas for people who were passing
through the country, but to curb illegal activities, they’ve been reinstated.
Transit visas are issued to foreigners who pass through South
Africa enroute to neighboring countries.
Motsoaledi was speaking following the arrest of Bangladeshi and
Pakistani nationals attempting to enter the country illegally this week.
He said, “we’re going to demand transit visas, if you transit here
to eSwatini we must understand. Even if they were not caught here, they were
going to continue to eSwatini. They go to eSwatini and come back through
our porous borders.”
“We have border management now. We are deciding in Home Affairs to
reinstate the transit visas. You saw on social media when they were pulling
people off pipes in the ceiling, that passage is for pipes and wires and all
that.”
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Employment and Labour minister Thulas Nxesi says his
department is in the process of finalising two new documents which will tighten
employment laws, including limitations on the hiring of foreigners.
Nxesi was responding to complaints by truck drivers this
week which led to a major blockage of the N3 highway. One of the key complaints
raised by the drivers is that jobs are being taken by both legal and illegal foreign
workers.
One of the key ways that government plans to address this is
through the proposed National Labour Migration Policy, Nxesi said. He noted
that the policy aims to achieve a balance across several areas, including:
• The first
is to address South Africans’ expectations regarding access to work
opportunities, given worsening unemployment and the perception that foreign
nationals are distorting labour market access. The NLMP, together with proposed
legislation, will introduce quotas on the total number of documented foreign
nationals with work visas that can be employed in major economic sectors such
as Agriculture, Hospitality and Tourism, Construction, etc.
• The NLMP
will be complemented by small business interventions and enforcement of a list
of sectors where foreign nationals cannot be allocated business visas and
amendments to the Small Business Act to limit foreign nationals establishing
SMMEs and trading in some sectors of the economy.
• The
Department of Home Affairs is reviewing current legislation and strengthening
the Border Management Authority to secure porous borders and to allow for the
orderly movement of people and other nationals through ports of entry only.
• Government
plans to ramp up inspections to enforce existing labour and immigration
legislation.
Employment Services Amendment Bill
Nxesi said the National Labour Migration Policy goes hand in
hand with the proposed Employment Services Amendment Bill, which provide the
legal basis to regulate the extent to which employers can employ foreign
nationals in their establishments while protecting the rights of migrants.
The proposed amendments to the Employment Services Act aim
to limit the extent to which employers can employ the number of foreign
nationals in possession of a valid work visa in their employment,” he said.
It will also place several obligations on an employer
employing foreign workers, including:
• Only
employ foreign nationals entitled to work in terms of the Immigration Act, the
Refugees Act, or any other provision;
• Ascertain
the foreign national is entitled to work in the Republic in the relevant
position;
• Satisfy
themselves that there are no South Africans with the requisite skills to fill
the vacancy;
• Prepare a
skills transfer plan, where appropriate;
• Employ
foreign nationals on the same terms as local workers; and
1South Africa’s immigration policy is once again up for review. It has
recently emerged that, since 2010, approximately 330 000 foreigners have overstayed their South African visas and remained
in the country illegally. This is commonly viewed as the result of government
failing to significantly invest in methods aimed at policing illegals
residents. This is, however, only the tip of the iceberg and the
government is well aware of the need to successfully implement a policy
framework to ensure that South Africa’s immigration policies stand alongside
those of leading world powers.
On 23 April 2015, the Honourable Minister of Home Affairs, Malusi
Gigaba, advised parliament that the Department of Home Affairs is working
towards completing a new International Migration White Paper aimed at
overhauling South Africa’s entire immigration
policy framework.
Investment into immigration worker visas
Of particular relevance to South African businesses is the Minister’s
assertion that R118 million is to be invested in increasing the capacity of the
Immigration Inspectorate over the course of the next 3 years. The Inspectorate
is tasked with the policing of illegal foreigners within South Africa
and the increased capacity will allow it to focus on the effective
detection and prosecution of companies employing undocumented migrants and
foreigners whose visas have expired. The Inspectorate will be looking to
increase the frequency of raids on companies suspected of employing illegal
foreigners in an attempt to clamp down.
Repercussions of employing illegal foreigners
The Immigration Act imposes substantial fines and terms of imprisonment
for companies and employers who are deemed to have knowingly employed illegal
foreigners and it is clear that the inspectorate, with the backing of the
Department of Home Affairs, has deemed this area to be one which requires more
stringent regulation. As a result, it is becoming increasingly necessary for
companies to ensure that they are compliant with all aspects of the Immigration
Act at all times. A failure to do so, is likely to lead to severe repercussions.
Are you employing illegal foreigners?
Companies currently employing illegal foreigners and wishing to legalise
their staff can contact us at overstay appeals
for further information and assistance.
Following the reopening of international borders on February 21, 2022
for fully vaccinated visa holders, the Department of Home Affairs continued
immigration processing across all visa cases and is currently working through a
large backlog of pending visa applications. Fragomen has observed delays in
processing across all visa types, including onshore visas requiring the
completion of health examinations.
Health examination bookings through Bupa Medical Visa services are
currently limited in New South Wales and Victoria, adding to general visa
processing delays. Processing delays continue for applications linked to
occupations that are not on the Priority Migration Skilled Occupation List (PMSOL).
However, Fragomen has noticed that more recently lodged applications are
being processed within standard time frames, including improvements in the time
frames for offshore TSS 482 visa applications due to access to health
examination appointments.
The Department of Home Affairs continues to prioritize occupations on
the PMSOL and in critical sectors and will process applications in accordance
with government processing priorities.
Federal officials have been told to act on an “extraordinary” backlog in
visa applications for thousands of skilled workers at a time when employers
claim they will have to shut down if they cannot find a solution to chronic
labour shortages.
With experts warning of “gridlock” in the visa system, incoming federal
ministers have put the backlog at the top of their agenda in a bid to speed up decisions
when the number of skilled foreign workers in Australia has slumped to half the
number seen a decade ago.
People are waiting months for their visa applications to be processed.
Official figures show the number of skilled foreign workers leaving Australia
exceeded the number coming into the country in April, highlighting the pressure
on the labour market when employers say they are waiting too long to have new
visas approved.
Immigration Minister Andrew Giles has asked the Department of Home
Affairs to act on the problem as a priority given the concerns put to him by
the community before he was sworn into office last week.
But the scale of the backlog is difficult to measure because the
previous government did not release figures on the number of applications for
the 482 visa for skilled foreign workers or most other visa classes, although
other measures have hinted at the growing wait for visa decisions.
“The extraordinary delay in the processing of visa applications has been
raised by the community and with the former Liberal government for many years,”
Giles said in response to questions from The Sydney Morning Herald and The
Age.
“Processing outstanding visas applications is a priority for the
Australian government. I have raised my concerns with the current state of visa
processing with the Department of Home Affairs, and we are committed to
ensuring that visa applications are processed in a timely manner.”
Abul Rizvi, a former deputy secretary in the Department of Immigration,
said public data showed the number of people on bridging visas had blown out to
more than 300,000 individuals over the past decade, a measure of the number of
people waiting in Australia for decisions on visa applications across all
categories.
Rizvi said anecdotal evidence suggested there was “gridlock” in
decisions on visa applications from people outside the country, such as skilled
foreign workers.
“It’s just absolutely jammed and complaints are coming from every
direction,” he said.
“Migration agents are tearing their hair out. Because of the way Home
Affairs deals with issues, you can’t actually speak to a human being to find
out what’s happening. Without more resources, it will remain gummed up.”
Rizvi said 8970 skilled foreign workers arrived in Australia in April
but 9230 departed, resulting in a net outflow of 260 workers on the 482 visa
category at a time when the country is meant to be opening up and filling
labour shortages.
Australia had more than 195,000 skilled temporary visa holders in
Australia in June 2014 but only 96,000 in March 2022, an outcome Rizvi blamed
on changes under the former government that made visa applications more
bureaucratic despite public claims about attracting people to Australia after
the pandemic.
Prime Minister Anthony Albanese acknowledged the problem in his public
remarks in Jakarta on Monday when he said he believed Australia should be “more welcoming” to visa
applicants from Indonesia and other countries.
But the problem is more widespread. Officials are yet to confirm the
scale of the backlog and the incoming government is yet to determine whether
the solution will require a change to the design of the system, the
administration of the rules or the resourcing of the department.
Australian Chamber of Commerce and Industry chief Andrew McKellar said
employers were reporting significant barriers to finding skilled workers
including “excessive” costs for visas and “protracted” processing times.
“Greater resourcing is needed to reduce protracted visa processing wait
times. The current delays just aren’t good enough when so many businesses are
left without staff and therefore can’t afford to stay open,” he said.
“To make the skilled migration system more accessible and responsible,
we need to open employer sponsored migration up to all skilled occupations.”
Australian Industry Group chief Innes Willox said employers could pay up
to $25,000 for a 482 visa for a skilled worker, making it an expensive process
when they could not find enough local workers. He said the previous 457 visa
cost about $10,000.
“That might mean hiring fewer workers and missing out on contracts or
losing opportunities to grow,” he said.
ACTU secretary Sally McManus said the priority should be to train local
workers.
“Under the previous government the visa system prioritised the needs of
employers above all else and facilitated the wide-spread exploitation and abuse
of temporary migrant workers including systemic undercutting of minimum wages
in many sectors,” she said.
“The visa system should prioritise permanent migration aimed at filling
genuine skill gaps, paired with a renewed commitment to skills training and
ensuring that where local workers can fill a job or be trained to do so, that
is always the first option.”
It can no longer be nationalisation at all costs
for the ANC, especially if it will cost the country dearly.
This is the opinion of the head of the ANC’s subcommittee on economic
transformation, Mmamoloko Kubayi, who is also the minister of human
settlements, regarding the party’s policy change from radical economic
transformation in 2017 to the rebuilding of the economy this year.
The subcommittee is responsible for drafting the ANC’s economic policy
proposals in the run-up to the party’s policy conference at the end of next
month.
At the ANC’s national conference in December 2017, the controversial
resolutions passed included the nationalisation of the SA Reserve Bank, as well
as land expropriation without compensation – both of which ultimately failed.
Kubayi says that, at the time, it was not realised what impact such
policy proposals would have on the markets, and that such policy decisions need
to be reconsidered in the current economy.
“Take, for example, our decision to nationalise the SA Reserve Bank – as
soon as we announced that, private investors reacted [negatively],” Kubayi said
in an exclusive interview this week.
“On the land issue and the issue of land expropriation without
compensation, we’re going to have to report that we no longer have the majority
in Parliament to implement this,” she admitted.
“People were moreover scared, because their frame of reference was the
Zimbabwean example – it was never the ANC’s intention to do so.
That’s why food security protection is now such an
important aspect of our policy documents.
Kubayi believes there will now be a need to fall back on the rhetoric of
various organisations in the run-up to the failed amendment of the Constitution
to make land expropriation without compensation explicit.
At the time, several organisations made it clear during parliamentary
submissions that land expropriation without compensation could, in some cases,
already take place under existing legislation.
According to Kubayi, who has served in the Cabinet in a series of
portfolios since 2017, land expropriation can now be managed from her
portfolio, but she concedes that the ANC has to take a policy leap on this.
“It can’t be nationalisation at all costs – and at the expense of the
country. These are some of the things we’ll have to reflect on at the policy
conference,” she said.
The current political climate differs greatly from the one that existed
in December 2017.
And for Kubayi, it is becoming increasingly difficult to convince the
public that the ANC is still the right vehicle to take the country forward.
“We’re at a point where we want to talk about policy by saying, ‘Here’s
our policy framework’ – but people don’t want to hear any more about policy,
they just want to know what we’re going to do, when and how.
“It’s not only the Russian war on Ukraine, it’s not only Covid-19 [that
is making the economic climate difficult], it’s also the years that the ANC’s
been in government.
“That’s why it’s difficult to constantly answer questions about why
people should believe us now. [They say]: ‘You were [already] in control back
then and some of these changes you’re talking about should have taken place a
long time ago.’ It’s a difficult balancing act,” she says.
So how does she do it? Kubayi admits that the ANC cannot distance itself
from the years of state capture.
“The first important thing is to acknowledge where the problems were. To
be sincere, clear and transparent by saying what went wrong, what we should
have done and what we shouldn’t have done,” she says.
As for the new plans, she added:
We have to start talking about the future, about a
meritocracy. Merit must come above all else.
“We have to get the right people to do the right jobs. If we can get the
right people – qualified, competent people to run organisations, competent
people to run government – then we’ll see the necessary results.
“With our [new] policy, we want to remove rhetoric and slogans, and
rather focus on what will really change [people’s lives].”
She believes that the issue of regulating and protecting informal
traders is one of the first things that needs to be addressed so that “people
can get a foot in the door”.
“It’s critical [that people should be economically active]. People’s
dignity is taken away if they can’t take care of their families. Our idea is
that, if you’re an informal trader, you should be able to walk into a
municipality and get a permit so that you can trade.
“These people shouldn’t be asked for something like three months’ bank
statements. At the moment, they’re almost treated as if they were criminals,
while they’re an economic entity.
“This is an area filled by mostly black women – who’re at the bottom of
the economy – and we believe that if we let them go on doing business, we’ll
start to get many more economically active people.”
According to Kubayi, however, it is not good if there are people who are
economically active, but they are not provided with the electricity to remain
so.
“In the [new] policy, we’ve accepted that in the generation of power,
there should be private roleplayers, so there will be such participation –
despite arguments [at government level].
But when it comes to transmission, we don’t believe
it should be privatised, because we don’t want people to depend on a private
person to decide whether or not they can receive power.
Are partnerships with private companies what lie ahead for all state
entities?
Kubayi believes these are inevitable for some: “I learnt for the first
time this week about an entity in public works that deals with innovation.
Given the fact that I didn’t even know about this entity, how relevant is it,
really?”
It worries her that there are entities “trying to hide”.
“We spend the fiscus [money] on them – we pay salaries, office rent and
all this stuff – but we can’t do that if we don’t know what their impact on the
country is.
“There are entities that we have to get rid of, unless we can benefit
from them and then we can start commercialising a partnership. That’s how the
economy should work.
“I know it’s going to be problematic, but these are talks that need to
take place.”
However, she added that there were strategic entities – such as
struggling state-owned arms manufacturer Denel – that needed to remain under
state control.
Often news breaks of the arrest of home affairs officials
and foreign nationals running one scam or another meant to bypass immigration
laws.
When a police team pounced on a gang of robbers at The Hill, southern
Johannesburg, a worrying dimension was added to the story. Police released the
nationality of the men arrested in the raid, and it emerged that most of the
thugs were foreign nationals.
Mention arrests these days and the subtext is “what
nationality are they?” It speaks to a crisis those empowered to do
something about seem to ignore – the mess that is immigration in this
country.
Often news breaks of the arrest of home affairs officials and foreign
nationals running one scam or another meant to bypass immigration laws.
In an interview on Radio 2000 on Tuesday, home affairs minister Dr Aaron
Motsoaledi spoke of the arrests of home affairs officials along with Pakistani
and Somali nationals in connection with a scheme in which locals were
hoodwinked and passports were issued in the name of foreigners. In the end
locals lost their citizenship when they were removed from the national
registry for a quick buck.
Many will recall how Motsoaledi came under fire recently and was
labelled xenophobic simply for doing his job. Marches were even held to call
for his sacking.
Sadly, the minister appears to be the odd one out, left to handle a
problem that is nothing short of a crisis.
Picture this – it’s Monday and in a quiet moment you decide to go
through your foreign employees’ documents.
To your shock you discover that one employee’s visa is due for renewal –
at the end of the week.
Suddenly, your Monday is a whole lot bluer! You have no idea how you’re
going to do this. You don’t even know if it’s still possible to submit a
renewal!
Take a deep breath – this does not have to
happen to you.
You can avoid any visa renewal shocks and surprises simply by keeping
these 5 facts in mind:
1. Applications must be submitted at least 60 days before the expiry
date of the visa
South Africa’ Immigration Act requires visa holders to submit renewals
at least 60 days before the expiry date of their visa. Visa holders may also
submit renewals earlier but no earlier than 6 months prior to a visa’s expiry
date.
Our advice? Don’t wait for the 60 days! Submit as early as possible to
allow for unforeseen hiccups.
2. Start the groundwork early
The process of renewing a South African visa is the same as applying for
a new visa. For this reason, it is advisable to start preparing for a renewal
well in advance.
When it comes to work visas specifically, there are often multiple steps
that need to be followed before being able to submit the renewal to the
authorities. Given the backlog at Home Affairs due to the post COVID-19
pandemic, hangover we recommend starting the preparation process 12
months in advance.
3. The visa holder must meet all the requirements again
To apply for a visa extension, the visa holder must be able to meet the
requirements of their visa again. This includes any new requirements or changes
to requirements that were made by the Department of Home Affairs since the
previous application or renewal.
Applicants who can’t meet the requirements of their visa will most
likely not get a visa extension.
That does not mean it’s the end of the road! Unsuccessful renewal
applicants can get assessed against all
of South Africa’s immigration requirements to see if they perhaps qualify for
another visa that lets them work in South Africa.
4. Keep critical documentation up to date
Want to save yourself a lot of headaches? Ensure that documentation with
expiry dates are always valid. By keeping documents up to date, you’ll see to
it that you’re ready to proceed with renewals as soon as it’s necessary.
Police clearances is one example of documentation with an expiry date.
These documents are only valid for 6 months from the date of issuance. The
passport expiration date is also an important one to keep in mind. It is
impossible to apply for a visa with an expired passport.
5. Extensions must be submitted in South Africa
All extensions must be submitted in South Africa, at a VFS application centre. Visa holders can’t submit
extensions outside of South Africa.
Need help with South African visa renewals?
Our corporate team can assist you with all types of South African visa
renewals. The team will guide you through the requirements and work with you to
submit a complete application.
How
can we help you , please email us to info@samigration.com
whatsapp message me on:
[Sponsored article] When living in or visiting France on a long-term
basis, most ‘non-EU’ citizens (i.e from the U.S., Canada, South Africa, Australia
and since 2020, Britain, too) must obtain permission to stay.
Fab the
English-speaking community living in France, has this advice:
How Do French Visas Work?
For stays over 90 days, you’ll need either one of these long-term visas:
Long-stay one year visa, known as the VLS-TS,
or “Visa de long séjour valant titre de séjour” in French.
Long-stay temporary visa, known as the VLS-T,
or “Visa de long séjour temporaire.” This visa only applies for
stays between three to six months.
Whatever the planned length of the stay, it must be scheduled in advance
and from your country of residence.
➡️ Pro tip: If you intend to live in France for more
than a year, you should think about applying for a residency permit.
Documentation Required for a Visa Application
Given the various types of visas available and the massive differences
in terms of process for each, applying for a long-term visa can quickly turn
into a nightmare! Thankfully, the French government has created a website
called France-visas. The website is in
English and helps you find out which type of visa you need to apply for.
France-visas also provides details on both the process and the paperwork that
needs to go with your visa application. Always Best to get processional help .
It is often said that Brexit has taken its toll and complicated the
application process. It’s true that it actually has had an impact on citizens
from all countries, with application rules also being tightened for U.S.
citizens. For example, some types of visa applications require an insurance
policy to be taken out and the requirements for that insurance are now being
applied with more severity than ever before.
Some documentation is required for all applications, regardless of the
types of visas, including:
Passport
ID photographs
Private health insurance
And some documentation may be required, such as:
Travel documents
Proof of financial situation (usually bank
statements)
Proof of residency / accommodation in France (rental
agreement, hotel/gite reservation, proof of homeownership, etc.)
Applications may vary according to the type requested. But, most of the
time, the following checklist is relevant:
Where to Apply for Your Visa?
For long term visas, you can’t apply more than three months before the
scheduled departure date, but you don’t want to wait too long as the process
can take time. Fab French Insurance usually advises that you apply at least one
month prior to departure.
The application can be made directly online as well via the France-visas
website and you can even save your application and resume it at a later date.
You then need to schedule an appointment at your local VFS center (the name
of the contractor might be different, for example it is VFS in the U.S. and VLS
in the U.K.). Depending on where you are located, how busy your local center is
and also the current geopolitical situation (for example, the crisis in Ukraine
has made all applications from Ukraine a priority and this has led to other
applicants experiencing delays), appointments can be obtained anything from the
next day or a month later, so make sure you factor this variability into your
schedule.
How to Prepare for the Appointment with the Visa Application Center
Remember that your passport is an important part of the application
process and that your passport will be held and will not be returned until you
come back to the visa center. Assuming all goes well during the appointment,
you should then get your visa within one to fifteen working days. The delay can
vary. However, the same factors that influence the time taken to get an
appointment also influence the delays involved in providing the physical visa
and handing back your passport. This means that you could potentially be
without your passport for nearly three weeks: be aware of this and factor it
into your plans.
➡️ Pro tip: even if you intend to apply for
residency, the first step will be to get a one-year visa (VLS-TS), so make sure
your passport’s expiration date is after the intended arrival date: + 15
months.
Another common source of rejection during the appointment is the medical insurance requirement. If this doesn’t
fulfill the criteria or if you can’t provide any required supporting
documentation, your application will be rejected.
The requirements are not that complex when it comes to insurance and a
copy of your insurance certificate should be enough.
➡️ Pro-tip: most successful applications have the
following elements in common:
The certificate shows coverage for at least
the duration of your visa and, if this is not possible (or it ends before
the visa), then the certificate should mention that the insurance policy
is scheduled for automatic renewal.
It mentions that you’re covered for medical
expenses and hospitalisation (not just hospitalisation).
The medical coverage should be at least
€30,000.
The certificate should not mention any medical
exclusions.
It covers your public liability in the EU and
includes a repatriation plan.
Also, don’t forget that your visa must be ‘activated’ once you get it
and there is a fee for this. This can be done online directly on the Ministère de l’Intérieur (the equivalent of
Department of Homeland Security in the U.S.) website.
👉 Five Steps to a Stress-free Visa Application
Gather all the required information –
e.g. passport, ID photographs, supporting documents and proof of medical
coverage.
Complete the online application form on France-visas.
Book your appointment with the visa
application center (details on the website).
Your passport will be withheld until your
application is confirmed (or denied).
Collect your visa and don’t forget to pay the
visa validation fee on the official website.
As they say in France, “une image vaut mieux que mille mots” (a
picture is worth a thousands words). So, here’s a quick summary of the process:
If all of this still seems confusing, our friends from Fab French
Insurance & HCB French Connection offer assistance with the entire visa application process and carte de séjour paperwork; these types of
services are well worth considering as it will leave you free to get on with
organizing the more enjoyable aspects of your stay in la Franc
Thousands of Nigerians in Diaspora and locally have applied, paid, and
been captured but are yet to be issued their international passport booklets,
along with foreign visitors seeking visas, continue to groan about the
difficulties associated with the process, findings by LEADERSHIP Sunday reveal.
This scarcity of booklets has been blamed the failure of the federal
government to grant a window to the Nigeria Immigration Service to utilise part
of the revenue generated in dollars and currencies from foreign embassies.
Worried by the scarcity, which they fear might last longer than
envisaged , the Nigeria Immigration Service (NIS) now patronises operators of
Bureaux De Change for forex to foot it bills and thus, produce the all
important travel documents, in line with its mandate.
Officially though, NIS denied turning to bureaux de change. The
spokesperson of the service, Amos Okpu, said, “NIS is a government agency,
it can’t patronise bureaux de change for any forex transactions whatsoever.
“Remember that CBN monitors all transactions by government agencies
including NIS. Moreover, the TSA policy certainly cannot allow such
transactions for any government agency.” He concluded.
LEADERSHIP Sunday however gathered that the shortage of passport
booklets which many users believe has come to stay, is due to the foreign
exchange policy of the Central Bank of Nigeria’s (CBN) as it affects the
Nigeria Immigration Service (NIS).
Top sources at the ministry of interior and at the Immigration Service
who pleaded not to be named, revealed that despite generating billions of naira
through passports and visas issuance at its embassies, the federal government
has failed to grant the NIS a window to utilise part of the revenue its
generates from these embassies to boost production of booklets, thereby leaving
the service to source for funds elsewhere.
They revealed that, ‘The NIS is handicapped. As it stands, it’s the
local that takes care of the operations in the diaspora. The CBN is not giving
the NIS a window to foreign exchange. Monies paid in embassies go straight to
the CBN, with NIS getting nothing, except from its budgetary allocations. So,
the company supplying the booklets goes to bureaux de change to buy foreign
currencies for passports. It goes to bureau de change to buy dollars and
meanwhile, NIS has not increased the price. So, it will eat into NIS revenue,
because the printers will bring their bill and NIS has to pay them.
According to these sources who however, acknowledged that there are
several challenges associated with issuance of Nigerian passports and visas to
Nigerians in embassies, to frantically address the issue of scarcity, it will
require the intervention of both the executive and the legislature, because
apart from not getting some of the revenue generated, depriving the service of
adequate forex exchange is a major setback
They said, “A lot of people are suffering because of this. Some
Nigerians in Diaspora who returned to renew their passports dropped it and ran
back overseas to secure their jobs. Students studying overseas seem to be the
hardest hit because they return to school. This is very tough for them.”
LEADERSHIP Sunday further learnt that the technical partner to the
Nigeria Immigration Service, Newworks Solution and Investment Limited and the
producers of the passport, Irish Smart Technology Nigeria, have been advocating
for the increase in the cost of the passports to enable them make profit, due
to naira depreciation.
Other informed sources also told LEADERSHIP Sunday that the major reason
why the passport booklets were scarce was because the producer of the
passports, Irish Technologies was allegedly owed money that run into millions
of dollars by NIS.
Experts, are however of the view that although these citizens in
Diaspora are not even complaining about the outrageous fees being charged, they
should be able to process and collect their passport within a reasonable time
as it is done in other countries.
A border security expert, Mr. Adadama Ifek said, “It is so sad that
the Central Bank of Nigeria (CBN) is not giving the NIS a window to foreign
exchange. So, what do you expect if the company supplying the booklets goes to
bureau de change operators to buy foreign exchange for passports? Definitely,
it will eat into NIS revenue, because the printers will bring their bill and
NIS has to pay them. I strongly agree that this is the reason for the scarcity.
Recall the in 2021, the federal government, through the ministry of
interior, inaugurated the enhanced e-passport production centres and urged
Nigerians to stop patronising touts and switch to online application.
Though the minister of interior, Ogbeni Rauf Aregbseola then, assured
stakeholders that new applicants would get their passports within six weeks
while renewal would not exceed three weeks passport application and payments
were being migrated to digital platforms, LEADERSHIP Sunday has observed that
applicants still patronise touts and unscrupulous officials in the hope to beat
the system and get expedited services.
Experts who believe that the Nigerian passport is the highest
affirmation of Nigerian citizenship, have further opined that it remains the
responsibility of the government to provide the passport without any stress,
within a reasonable period.
They said, ‘”Every Nigerian has the right to a Nigerian passport
and it is our responsibility to put it in the hands of anyone desirous of it
within the shortest possible time, without stress. The passport should be
available within a considerable time of a successful application. Where there
are issues, the applicant should be notified within 48 hours
They criticised the Nigerian Immigration Service for engaging
consultants to manage visa and passport-related matters at Nigerian missions
across the world.
Though efforts to get the image maker of the service to react to this
claim as at the time of filing this report proved abortive , LEADERSHIP Sunday
recalls that the minister of interior, Ogbeni Rauf Aregbesola recently
acknowledged the pains of passports and visas seekers and empathised with
citizens- home and in the diaspora for the unintentional stress they encounter
while processing their passports in recent times. He was quoted to have said,
“Each time Nigerians express their anger and frustration on the government
over the inability of the passport offices to process their passports as
quickly as required, we truly feel saddened – hence, our resolve to address it
Hundreds, if not thousands, of “golden visa customers” (wealthy
individuals enthusiastic about investing in this country) can ruin the day they
chose Portugal.
Since the beginning of this year, the SEF Border Authority has virtually
decided to unilaterally freeze residence permits for investment, also known as
the acronym for ARI in Portugal. ‘legal’.
Golden visas need to be renewed, but more and more foreign investors
feel “high and dry” every day as the SEF refuses to issue renewal appointments.
Yes, if they remain in this country, they are basically “ok”. But if
they leave, the trip becomes a nightmare, as their documents indicate that
their residence permit (allowing free entry into Schengen countries) has
expired.
We are not just talking about Chinese investors, the nationalities most
attracted to the Golden Visa program that started 10 years ago. This scheme
continues to attract investors from around the world, including the United
States, South America, South Africa, Russia, India, and more recently the
United Kingdom
The Immigration emergency of South Africa has arrived at pinnacle and
South Africans need their nation back from nationals that are not natively
South Africans. South Africans believe that these foreign nationals have been
taking job positions, businesses in townships and have been capable of the
criminal violations that happen everyday. Foreign nationals likewise also
get hold of South African identity deceitfully through the assistance of South
Africans.
The Minister of Home Affairs, Aaron Motsoaledi addressed Clement
Manyathela on Radio 702 and uncovered how South Africans offer their IDs to far
off nationals and apply for international IDs through the assistance of a South
African Home Affairs official. As said by the Minister, a Pakistani or Somali
kingpin enrolls South Africans to sell their identification details. He says
that they enroll South Africans and take them to the Home Affairs around
evening time to apply for a visa utilizing the fingers prints of the South
African that has been recruited. However the image for the application of the
passport is then taken by the outsider.
The Minister says that individuals ought to be cautious on the grounds that
the image framework isn’t equivalent to the one in the past as ID photographs
are now presented digitally. This implies that when you snap a photo now, it
clears out all photos you had previously. Hence, the Pakistan who snapped the
photo will stay there until they snap another photo. This will influence
individuals when they need to apply for different things and an image of a
Pakistan is in the populace framework instead of the rightful owner of the
ID.
In the event that you have offered your subtleties to an unfamiliar natinal
previously, odds are you probably won’t have the option to apply for different
things as you wouldn’t coordinate with the image on your records.
While the Home Affairs Minister and Operation Dudula have been attempting to
clean the country, South Africans need to likewise do their part and quit
offering their details to outside nationals since they additionally get
impacted simultaneously.
You can get South African citizenship through marriage, but you first
need to apply for a permanent residency permit and then wait five years.
There are different ways to get citizenship in South Africa, but
citizenship by naturalisation is the most common way for spouses of different
nationalities.
However, in order to get citizenship by naturalisation, you first need to
hold a permanent residency permit for at least five years.
Different ways to get citizenship in South Africa
In South Africa, the process to apply and receive citizenship in the
country is regulated by the South African Citizenship Amendment Act, 2010 (Act
No. 17 of 2010), which came into effect in January 2013.
There are three main ways that you can gain citizenship in South Africa,
namely, citizenship by birth, by descent, and by naturalisation. The first two
methods are self-explanatory and require that you be born in the country or
that your parents hold South African citizenship to become a citizen.
Citizenship by naturalisation is a more complicated process and can usually
only be processed once you have held a permanent residence permit for at least
five years, or if you are a minor.
Can you get South African citizenship through marriage?
You can get South African citizenship if you are married to a South
African or someone who has a permanent residence permit in South Africa, but
the process is complicated and takes several years to complete. This process is
the same for same-sex and heterosexual relationships and marriages.
The first important factor to understand in this process is the
difference between permanent residency and citizenship. You can apply for a
permanent residency permit if you want to live, study, or work in South Africa
and this awards you many of the same rights as those of South African citizens.
However, you can only apply to become a permanent South African citizen after
you have held this permanent residency permit for at least five years.
This is the beginning of the process for getting citizenship if you are
married to a South African. You first need to apply for permanent residency,
which is also known as a spousal permit, if you are married to a South African
citizen or permanent resident and then, when you have had your permanent
residency permit for five years, you will be able to apply for South African
citizenship.
It is also important to note that the five-year waiting period before
you apply for citizenship is not the only step in the process that takes long.
Just applying for the permanent residency permit can take up to 24 months,
which is why many people choose to also apply for a spousal or life partner
visa, as this application may be approved earlier.
The spousal visa
Applying for a spousal visa while you wait for your permanent residency
visa is a good idea, as this allows the foreign partner in the relationship to study,
work, and set up a business while they are living in South Africa, without the
need for a work- or business permit.
However, his spousal visa is only valid for two to three years, which is
shorter than the permanent residency permit, but it is a good temporary
solution while the documentation and processes for the permanent residence
permit is being finalised. This is also a good option for couples who have been
married for less than five years and do not qualify for the permanent residency
permit yet.
The permanent residency permit
In order to start the process of applying for a permanent residency
permit or spousal permit, it is important to keep in mind that the marriage
needs to be at least five years old. There are also other criteria that need to
be met in order for the permanent residency application to be successfully
approved, such as:
You need to be able to prove cohabitation and
shared financial responsibilities in your relationship
The relationship must exclude any third
parties
The foreign applicant must have a good
character and be in good health
Furthermore, your relationship also needs to last two years after the
permanent residency is granted, or the permit will be revoked, but this does
not apply if the South African party in the marriage passes away.
The citizenship application
Once you have held this permanent residency permit for at least five
years, you can start the process of applying for South
African citizenship. Applying for citizenship in this way is
referred to as citizenship by naturalisation.
To apply for citizenship by naturalisation, you need to visit the
Department of Home Affairs with the appropriate documents to get the
application started
great news for South Africans in the UK with the announcement that they
can now apply for their passports through VFS Global, with immediate effect.
We won’t rehash the nightmare tales of South Africans trying to phone
the SA High Commission for weeks on end with no reply (there’s a special time
of day to call), and sending emails that felt like they were ignored (in some
cases they were if the subject was not exactly correct).
Now, since 1 June, applying for child and adult passports and renewing
passports should be a LOT easier. For starters, South Africans in the UK can
now arrange to have their application interview in Edinburgh, Birmingham,
Manchester or London. Before it was London or nothing.
The DA Abroad, together with the DA in South Africa, and SAPeople have
worked tirelessly to request changes to the passport application procedure for
South Africans abroad, particularly in the UK. This has included a joint
petition which gathered over 20,000 signatures and was delivered by the DA to
Parliament for debate.
In response to this announcement, Justin Adams, DA Abroad UK
Chairperson, told SAPeople:
“A step in the right direction, and happy to see the pressure may
finally be beginning to pay off but there are immediate questions about the
processing of these passports, are these going to DHA in SA, what about those
who have been waiting months and in some cases years? Will this improve service
with regards to other documentation?
“A small baby step but we have a lot of catching up to do and we haven’t
even touched on what is happening in other jurisdictions.”
The SA High Commission in London has a message
on its website alerting South Africans to the “Important
developments” at its Home Affairs Section. Under the heading Important Passport
Notice, it says: “We are pleased to inform you that the Department of Home
Affairs has outsourced passport services to VFS Global with effect from 01 June
2022. Please book your appointment on the link below: https://passport.vfsglobal.com/ppt/en/zaf”
The new service also means South Africans in the UK will be able to
track the progress of their passport applications.
Please Note: An Emergency Travel Certificate can still only be
applied for at the High Commission.
The following services will still be rendered at the High Commission by
appointment:
Notice of birth/ birth registration
1st ID book and ID book replacement (Smart ID
Cards are only issued in South Africa)
1st Adult passport i.e. 15 1/2 year olds who
have never been issued with an ID book/Smart Card.
Amendments i.e. Change of forenames / Change
of Surname (NOT due to marriage or divorce)
Emergency Travel Certificate
Death registration
Consent for minor passport applications (For
parents in different countries)
The following services are rendered strictly by post:
illegal
for many years – Legalization not an option / Asylum New Comer how to do
SA
Migration – 15 June 2022
There are
instances where clients jumped the borders and entered South Africa illegally
which means there is no record of them entering South Africa legally which in
essence means that the immigration system or movement control system .
Alternatively
the client had a valid visa and is illegal say more than 1 year and they don’t
have a valid reason , the legalization route or Form 23 option is very
slow and with Covid19 many of the Immigration Inspectorate Offices are closed
which means the client is stuck , if he goes home via a land border he will be
banned for 5 years .
The obvious
solution would be the Asylum Seeker – New Comer route but the Refugee Centres are
all closed for new comers as walk-ins and all extensions for current asylum
seekers are done online .
I think I
have found a way to overcome this problem with an asylum transit permit
obtained at a land or air border where they are given 14 days to submit an
application for asylum as newcomer . Now I have researched the new law and
we have found a loop hole because if we assist people to apply for asylum
as a new comer online . I have the forms .
Please contact us for a free consultation on how
we can assist you
Everyone in business know that time is money. Unfortunately, the South
African visa application process is notorious for long waiting times.
The general work visa, for instance, could take up to a year to
finalise.
The last thing you want is for delays to slow down the process even
more. And you certainly don’t want a rejection and for the waiting to have been
in vain!
What you want is to get a visa application right the first time. That’s
how you ensure the process is smooth and give yourself a greater chance of
success with the application.
Our pointers today will help you do just this:
1. Familiarise yourself with the requirements of the visa for which the
foreign employee is applying
In the case of a general work visa,
for instance, you are expected to advertise the position for which you are
recruiting. There are further guidelines around what should appear in the
advertisement and where it should appear. Meeting all the requirements is the
only way to ensure that you satisfy the Departments of Home Affairs (DHA).
2. You should already be doing this – comply with the Basic Conditions
of Employment Act
The DHA and the Department of Labour (DOL)
expects South African employers to treat their foreign national employees the
same as South Africans. There shouldn’t be any discrimination in the workplace
based on the residency or citizenship status of an individual. It is for this
reason that the Departments require you to comply with the Basic Conditions of
Employment Act.
3. Know what paperwork to submit
This is knowing what documents are needed for the application as well as
knowing in which instances copies or certified copies are required.
4. Establish a clear plan for the position the foreigner is taking up
Some visas require you to show what the foreigner’s duties will be while
working for you. Other visas ask that you prove that the foreigner’s skills and
experience are needed, and that you couldn’t find a South African to fill the
position advertised. When you have a clear description of the role and/or objectives
for the role, you’ll be able to satisfy the demands of the DHA and DOL.
Please note: the critical skills work visa
is exempt from this requirement. You don’t have any obligations other than extending
a formal job offer and ensuring that you’re employing someone with a valid visa.
5. Cross your i’s and dot your t’s. Literally
Spelling mistakes and typos have been cause for rejection in the past. Also
triple check information such as area codes and dates. Simple mistakes such as
a starting date on a contract that is dated before the general work visa has
been issued can also be cause for rejection.
The best way to prevent delays when making a South Africa visa
application?
You work with an immigration company who knows the ins and out of the
South African Immigration Act.
Our team is highly experienced in making visa applications for corporate
clients. We don’t only know the Immigration Act, we also understand the
pressures and time constraints businesses are under.
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The official colluded with a Pakistani mastermind to facilitate that
foreign nationals obtain South African passports fraudulently
Priority crime fighting unit the Hawks
are searching for an official from the Department
of Home Affairs for his involvement in fraud and corruption.
It is understood that 28-year-old Kagiso Ronny Maboa contravened the
Immigration Act.
Hawks’ spokesperson Captain Dineo Lucy Sekgotodi said Maboa is sought
following an investigation which started in April 2022.
“He allegedly colluded with a Pakistani mastermind to facilitate that
foreign nationals obtain South African passports fraudulently. This was made
possible by using South African citizens’ identity details when processing the
applications. A warrant for his arrest has been issued, hence he is sought.”
Sekgotodi has urged anyone with information related to the whereabouts
of Maboa to contact the police.
Last month, a senior Home Affairs official was dismissed after it
emerged that he recommended the permanent stay of self-proclaimed prophet
Shepherd Bushiri and his family in South Africa.
The department said former Chief Director Ronney Marhule was found
guilty of gross dishonesty, gross negligence and non-compliance with the
Immigration Act when he recommended issuing the permits to Bushiri’s family,
“which they did not deserve”.
The department said Marhule had also been charged regarding permanent
residence permits issued to two other people, Mohamed Afzal Motiwala and Fatima
Ebrahim.
Marhule’s dismissal comes after a year-long investigation.
Meanwhile, a Lithuanian actress has been
deported after she also tried to abuse South Africa’s immigration
laws.
Leva Andrejevaite, who was born in Russia, arrived at the Cape Town
International Airport in a private jet without a visa on 28 April.
Home Affairs spokesperson Siya Qoza said Andrejevaite sought to abuse
South Africa’s refugee management regime when she fabricated a story of wanting
to apply for asylum because of the “war in Ukraine.
“At no stage during her stay in the country did Ms Andrejevaite attempt
to apply for asylum. As such, she became an illegal foreigner, as defined in
the Immigration Act, because the five-day period lapsed.
“Instead, images of her attending a party in Cape Town hosted by Mr Rob
Hersov surfaced on numerous publications and social media platforms.”
Andrejevaite is now prohibited from visiting South Africa for a period
of five years.
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Home affairs minister Aaron Motsoaledi has warned South Africans against
selling their identities to undocumented foreigners. .
Motsoaledi told parliament on Wednesday South Africans who do so lose
their status in the country, to be replaced by foreigners.
Home affairs officials colluded with undocumented foreigners to they could
fraudulently obtain SA citizenship.
He confirmed the suspension of four home affairs officials from the
Maponya Mall branch in Soweto.
The officials were linked to the alleged
Pakistani passport kingpin arrested in Krugersdorp in March. The
department received tip-offs from the public who alerted it to corrupt branches
in their communities.
“Members of the public have come out in large numbers to tell us where
corruption is taking place. We arrest, we don’t stop. In the coming weeks we
will continue to arrest more people, foreign nationals and South Africans
involved in passport fraud and other forms of identity fraud.
“We continue to be concerned about those South Africans who are willing
to sell their identities. Such acts mean that those South Africans lose their
status in the country, to be replaced by a foreign national. We urge South
Africans to stop selling their identities.”
Motsoaledi said the department would beef up its team of investigators
and analysts responsible for tracking and investigating corruption and fraud in
the department.
“The success of this unit has given members of the public confidence
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Lithuanian lied to home affairs about seeking
asylum from war in Ukraine.
Image: 123rf
A Lithuanian actress has been forced to apologise to the South African
government after she lied about seeking asylum from the war in Ukraine.
According to the department of home affairs spokesperson Siya Qoza, Leva
Andrejevaite was deported after she tried to abuse SA’s asylum management laws
so she can go partying in Cape Town.
Qoza said the actress was denied entry after she arrived at the Cape
Town International Airport in a private jet without a visa.
“After that refusal of entry, she then lied to immigration officials making
up a story of wanting to apply for asylum. As a result of our asylum seeker
laws, immigration officials’ hands were tied and they were required to let her
into the country so that she could apply for asylum within five days,” the
department stated.
Andrejevaite, who has since apologised to the SA government in writing,
then failed to apply for asylum and was instead seen on social media partying
up a storm in Cape Town hosted by Rob Hersov.
The department said failure to apply for asylum within the prescribed
period rendered Andrejevaite an illegal alien. She apparently tried to
challenge the department in the Western Cape High Court but was ordered by the
court to apologise after her lies were exposed.
Ramaphosa grilled by journalists on #farmgate; responds
with ‘due process must be followed’
Journalists repeatedly asked President Cyril
Ramaphosa questions regarding the allegations surrounding his Phala Phala farm.
#ramaphosa #cyril #farmgate
“After being served with the department’s opposing papers, Ms
Andrejevaite realised that she had lied to the immigration officials and then
to the High Court and would face the possibility of criminal charges over and
above the consequences and embarrassment stemming from her High Court
application,” the department said.
In an apology letter addressed to SA citizens, home affairs minister
Aaron Motsoaledi and employees of the department, Andrejevaite claims
that she had no idea that a visa was required to travel to SA.
“I was looking forward to entering South Africa and enjoying my time
here and as such I was wrongly advised to allege that I was an asylum seeker
and applied for an asylum transit visa. This was clearly a wrong and unlawful
way for me to enter South Africa,” she stated.
Andrejevaite also apologised for making disparaging comments about SA
and its department of home affairs.
In closing Andrejevaite said she meant no harm and would love to visit
the country again.
Australian visa backlog keeping engineers out of country amid skills
shortage
14 Jun 2022 – The guardian
Wait time for 476 visa, for overseas graduates who
want to work or study in Australia for up to 18 months, has blown out to 41
months
A recent freedom of information request showed the
home affairs department had more than 6,000 applications for the 476 visa which
it was yet to process.
Australia’s vast visa backlog is trapping engineering graduates out of
the country for up to four years, compounding the skills shortages and causing
heartache, frustration and depression among applicants.
The engineering job vacancy rate has increased 97% in 12 months,
something the main industry body, Engineers Australia, fears could have a
“catastrophic” impact, including by delaying major infrastructure projects
relied upon for the nation’s economic recovery.
The wait times for the 476 visa –
designed for recent engineering graduates who want to live, work or study in
Australia for up to 18 months – has blown out to a staggering 41 months since
2018.
That has left people like Gurpreet Kaur, an engineer based in India’s
Punjab state, stuck waiting for almost four years, having to submit and
resubmit paperwork and evidence, but unable to speak to anyone directly within
the home affairs department about her application’s status.
“I personally applied for this visa back in September 2018 and am still
waiting for my visa grant,” Kaur told the Guardian. “Despite meeting all the
criteria, paying the application fee, medical assessment fees, there are still
a lot of applicants like me from Sri Lanka, Pakistan and Bangladesh and many
more countries … about 6,000 applicants are waiting for their grant.
“Waiting for three to four years, it’s a really frustrating situation
and I think it’s a moral duty of any government, because this is unfair to us.
We have planned all our career plans, we are suffering, not only professionally
but it is a mental depression also.”
It’s a similar story for Muhammad Altaf, who lives not far from
Islamabad in Pakistan.
Chemical engineer Muhammad Altaf, based in
Pakistan, has waited almost three years for his 476 visa to be processed by the
Australian government.
Altaf applied for a 476 visa in 2019 and his career has been on hold
since. He said he understood that Covid-19 had necessarily disrupted visa
processing, but said, since the border reopened, the processing times had not
improved in any way. Both Kaur and Altaf are in social media groups with a
large number of other 476 visa applicants, who keep in constant contact about
their progress.
“The last 10 days, they’ve only granted one visa,” he told the Guardian.
“So if this process continues at this pace, then I think we will get our grants
in three or four more years.”
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A recent freedom of information request
showed the department still had more than 6,000 applications for the 476 visa,
which it was yet to process.
India’s high commissioner to Australia, Manpreet Vohra, said visa
processing delays were a problem.
“I believe it’s a problem, but only because of staff shortages and
backlog built up because of the pandemic,” he said.
“It’s not a delay or a go-slow on account of policy.”
The comments come after the prime minister, Anthony Albanese, said visa
processing delays had been raised during his visit to Indonesia this week.
“This is an issue that, upon coming to government without going into
other issues, we have found it isn’t just in this area, we have a problem
processing visas,” Albanese said in Jakarta on Monday.
“There is just an extraordinary backlog.”
Engineers Australia said that migration was only one component in
addressing the acute workforce shortages in the sector, an issue it said was a
“complex and long-term endeavour”.
Jane MacMaster, chief engineer of Engineers Australia, said skilled
migration was crucial to fill the gap between what universities and the local
market can supply, but once in Australia, only about 40% of higher overseas
engineers end up working in an engineering role.
“Continuing large-scale intakes of qualified engineers will not
significantly develop Australia’s engineering capability alone,” she said.
“Better support and utilisation of the skills currently in Australia (both
through migrants and those looking to re-enter the engineering workforce) must
also be a priority.”
Engineers Australia is also concerned that falling rates of secondary
students taking up Stem subjects is “setting the nation up to fail” and has
called on the education sector and governments to do more to encourage students
into Stem.
“If we don’t do something to address this significant skills challenge,
the impacts could be catastrophic for many sectors,” she said. “We will see
delays to infrastructure projects and implications for Australia’s strategic priorities,
such as a lack of talent to help grow sovereign supply chain capabilities.”
On 476 visas specifically, the industry body says it is working to speed
up its migration skills assessments process for migrant engineers.
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“For two decades Engineers Australia has performed migration skills
assessments to ensure we bring the best talent and migrating workforce to
Australia and is continually working to plug the engineering skills gap with
policy makers, educators and industry,” MacMaster said. “Right now, we are
working with government to accelerate the assessment process for migrant
engineers already here.”
“We also recommend making visas and their requirements more easily
understood by engineers and prospective employers.”
The home affairs department said engineering graduates were also often
eligible for a range of other visas. A spokesperson said since November it had
granted more than one million student, visitor, working holiday maker,
temporary skilled and other temporary work visas, and that there were currently
1.61m people who held those visa types who remained offshore, despite being
able to travel to Australia if fully vaccinated.
The department said it had also extended 3,000 476 visas in April for
another two years.
The spokesperson said Covid had delayed the processing of many
applications. Other applications had been affected by the “quality and
completeness of those applications, applicants’ responsiveness to requests for
information, and the complexity involved in assessing genuineness, character,
health and security requirements”.
South Africa is home to millions
of citizens, including people who come from other countries and choose to be
residents in the country. The majority of these people are from other African
countries, looking for greener pastures and better opportunities than their
home countries can provide.
And for a person to enter the
country or even work in the country, they need to follow a certain process that
gives them the legality to be within the country, but unfortunately, there are
so many individuals who come from the neighbouring countries in South Africa
who would choose to enter illegally and not follow the due process.
Citizens have expressed concern
about this because some of these individuals who do not have the necessary
documentation begin engaging in illegal activities and become difficult to
trace once the law or fishes look for them. Home Affairs has begun conducting
thorough investigations to determine which of these foreigners who live within
the country obtained documents illegally and which do not have them at all.
Once they have been identified, they are deported back to
their home countries. The minister of home affairs has been working on removing
illegal foreigners from the country and stated that since the year 2019, 36
thousand illegal foreigners have been apprehended and deported back home. Over
60 thousand foreigners come from the neighbouring countries close to South Africa,
mostly coming from Zimbabwe, Lesotho, Mozambique, and ESwatini.
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Motsoaledi reveals that more
border guards have been hired, which is bad news for foreigners.
Motsoaledi reveals that more
border guards have been hired in South Africa.
In South Africa, immigration is a
major issue. Because of the high number of undocumented immigrants in the
country, it has turned into a crisis.
There are few politicians in
South Africa who have listened to people’s concerns about immigration and its
consequences, such as crime, and Aaron Motsoaledi is one of them. Aaron
Motsoaledi has worked tirelessly on behalf of the people while other
politicians have labeled South Africans as xenophobic.
The Minister of Home Affairs
announced today that the department will undergo a major overhaul. He also
talked about the things he’s already done and the things he’s going to do.
In Mpumalang, KZN, the Free
State, and Limpopo, more border guards have been hired, according to the Minister.
There will also be improvements in infrastructure at the Beitbridge. A raid on
South African Home Affairs offices is also expected in the near future, he
said.
One politician cares about South
Africans and works for them, whereas other politicians are either silent or do
nothing to address the immigration crisis.
It has been urged by the Minister
that South Africans refrain from selling their identity documents, which they
are legally entitled to, to foreign nationals. South Africans have clearly
contributed to the ID market, but this also suggests that we need to put an end
to it.
We’ll have to wait and see how
the Minister manages to bring about change at this point. Since the arrest of
foreign nationals last month in Alexander and Diepsloot, many should have
already returned to their home countries.
Please contact us for a free consultation on how
we can assist you
Easiest countries to immigrate to from South Africa
Sa Migration – 13 June 2022
Some of the easiest countries for South Africans to immigrate to, and
why and how they are the best destinations for immigration by South Africans.
Overview
Completely relocating to another country
can be an exciting new journey. Getting to start a new life in a different
place, with new people can offer wholesome and beautiful new life experiences
and memories to look forward to creating. Some countries are easier to immigrate
to than others.
If you are a South African citizen looking for a change in your life,
and you have hopes of immigrating to a new country, you will be happy to know
that there are some countries to which immigrating from South Africa will not
be as difficult to do, in comparison to others.
Immigrating to another country from South Africa
Many South Africans have already immigrated to other countries around
the world, whilst many have considered it, or are already in the process of
immigrating, whether to seek a better life or just for a change in scenery.
It is not easy to immigrate to certain countries from South Africa, but
there are a number of destinations around the world that make it easy for
ordinary South Africans to immigrate to them and start brand new lives. If you
are a South African seeking this big move, you need to know which countries are
easy to immigrate to.
Easiest countries to immigrate to from South Africa
Immigrating to a different country from South Africa is a big move.
Whether you are after new changes or are seeking a better life than what South
Africa can offer you, immigration could be your best bet.
Some countries do not make it easy to immigrate to them but there are a
few that do. It can be worth your while to do research about these countries to
see if any of them appeal to you and for your big move.
Some of these countries include the likes of Bulgaria, Canada, and
Vietnam, and each of these countries offer different visa requirements and
permits for permanent residency. They also provide a means of living affordably
in economies that are accommodating. These can be great immigration options for
business, work purposes, or to seek a better life.
Why is Bulgaria a good immigration destination?
Bulgaria is one of the easiest countries for South Africans to immigrate
to for a number of reasons, including that it is one of the most inexpensive
countries to live in in Europe. The cost of living is low with a single bedroom
apartment costing, on average, around $230 monthly.
To relocate to Bulgaria, you would need to apply for a long-term D-Visa,
which can be obtained through investment in property or the registration of a
Bulgarian limited company. You will get to enjoy authentic Bulgarian culture.
Furthermore, speaking one of their local languages can also land you a good
job.
Immigrating to Canada from South Africa
The advantage of immigrating to Canada is that it welcomes migrants from
all over the world, including South Africa. Applying for permanent residency
once you are there is also simple, as the immigration and visa programs are
known to be quite accommodating. Canada is always looking to increase its
immigration targets.
The country provides safety, and you will be joining a growing community
of South Africans already based there. Education and healthcare are of an
extremely high quality and the economy is booming. You can also expect a good
salary, but the cost of living can be quite high.
What makes Vietnam a good immigration option for South Africans?
Vietnam is a culturally vast and exciting country, and you will get many
opportunities to travel and explore all at a price that does not cost an arm
and a leg. The cost of living in Vietnam will depend on where you choose to
settle, but transportation is affordable and a small apartment can be rented
for an average price of $250 a month.
Vietnam has three basic visas for South Africans: a trade, tourism, and
work visa. Vietnam is also known to have warm weather, which may take some
adjustment, and flooding is known to be common in rainy seasons.
Final thoughts
Many South Africans are considering immigrating to other destinations
around the world in pursuit of a better life for themselves and their loved
ones. Some are moving for work-related opportunities, with immigration seemingly
the best option to benefit from better work opportunities in other countries.
Immigrating to different destinations can be difficult, but there are
countries where immigration from South Africa will be easier for a number of
reasons. The more affordable cost of living is one of those reasons, and the
processes of obtaining permanent residency and work visas being another. On top
of that, adjusting to these different countries is said to be manageable.
Please contact us for a free consultation on how
we can assist you
High
court judge finds spousal visa rules unconstitutional
09
Jun 2022 – Groundup
The Western Cape high court has
ruled that certain provisions of the Immigration Act and its regulations are
unconstitutional.
Foreign parents of South African
children should be allowed to remain in the country even if their relationship
with their spouse ends.
A judgment by the Western Cape
high court means that foreigners who are parents and caregivers of South
African children will be allowed to remain in the country after their
relationships with their South African spouses come to an end.
Judge Mark Sher has ruled that
certain provisions of the Immigration Act and its regulations are
unconstitutional.
Among the applicants in the case
before him were a 47-year-old German woman, who is a mother of two, a French
baker who has become his three children’s sole guardian after his wife
abandoned them, a British company executive, a Kenyan media researcher and a
Swiss carpenter.
All had been residing and working
in South Africa on “spousal visas”, which had been extended from time to time
but were no longer valid because of the termination of their relationships.
They all have children who are
citizens. “All have been dutiful and supportive parents and caregivers to their
children, sharing parental responsibilities,” noted Judge Sher.
The applicants complained that
because their relationships had ended, their temporary residence rights in
terms of the spousal visas issued to them, had automatically expired. They were
no longer allowed to work or live in South Africa and must “depart”, failing
which they would be deported.
Should they wish to apply for any
other form of visa, such as a visitor or relative visa, they would have to do
so from outside South Africa. Visitor and relative visas also do not allow them
to work in the country.
The applicants said this was an
unjustifiable limitation of their constitutional rights and those of their
children to dignity, equality and parental care. It also offended the “best
interests of the child” principle.
“They point out that while their
spousal relationship might have come to an end, their parental relationships
have not,” said Judge Sher.
“In effect, the applicants have
the Hobson’s Choice of either breaking the law by continuing to live and work
in the country in order to maintain their parental responsibilities and
relationships and contact with their children, or uphold the law by leaving the
country, therefore breaching their parental duties and severing their contact
and relationships with their children.
“I am of the view that the effect
of the provisions in issue results in a violation of both their rights to
dignity as well as those of their children, and the children’s constitutional
and parental rights,” the judge said.
The Minister and officials of the
Department of Home Affairs opposed the application saying that the provisions
were there to prevent abuse by foreigners who “entered into sham marriages” to
obtain rights of entry, residence and work.
They denied that the provisions
in the Act were discriminatory but said any rights limitation was justified and
reasonable and commonly found in many open and democratic countries throughout
the world.
But Judge Sher said the
respondents had offered up very little, if any substance, about the
infringement of parental rights and right to dignity. For example, they had not
shown why it was necessary for foreign parents to leave the country and their
children in order to regularise their status.
“In order to ensure that the
country is not overburdened with additional South African children who are
destitute and need to be provided for at state expense, the contribution which
is provided by their foreign parents is surely a necessary and needed one, as
long as they were working in the country lawfully at the time of the
termination of their spousal visa.
“One can expect that they should,
if possible, continue to be accommodated in the country so that they can
continue to support their children and care for them, both financially and
emotionally,” said Judge Sher.
He declared as unconstitutional
sections of the Act that: require a foreigner who holds a spousal visa, who has
parental responsibility and rights, to leave South Africa on the termination of
the relationship; require such a person to make an application for a change in
status from outside South Africa; do not allow a foreigner who may be eligible
for a visitors or relatives visa to work in South Africa in order to discharge
their parental rights and responsibilities.
Judge Sher suspended the
declaration of invalidity for 24 months to enable Parliament to remedy the
inconsistencies but ordered a “reading in” of the provisions in the interim.
One applicant, a Zimbabwean
boxing coach, sought an order setting aside the declaration of him as an
“undesirable person”.
Judge Sher declined to grant this
order. He said the man had been in the country illegally since 2012 and had
shown a “blatant disregard for the law”.
“Although the Court’s sympathies
lie with his child, assisting him would encourage and effectively grant a
licence to foreigners to enter the country illegally, and to live and work here
illegally until the moment when they have a child who is a South African
citizen or permanent resident, which they need to support, which they could
then use to legalise their stay.
“No country that functions in
terms of the rule of law can endorse such a stance.”
Most volunteer programs are for 3
months to 3 years. This allows volunteers to come into South Africa on a normal
tourist visa and work in the country. However, some volunteers will come into
the country on programs that last for more than 3 months. This is where SA
Migration can assist.
There are many volunteer
opportunities in South Africa. The country welcomes volunteers and if you plan
to volunteer through a proper volunteer organization and have been accepted,
you can apply for a Volunteer Visa. In some cases, if you plan to volunteer for
three months or less, you may not need a visa. Please check with us.
The Volunteer Visa is a temporary
residency visa. It is a multiple entry visa and is renewable. This is the
correct visa to choose if you have an acceptance letter from a Registered
Volunteer Organization, are not being paid for your work, and plan to volunteer
for your entire stay in South Africa.
How can we help you , please email us to
info@samigration.com whatsapp me on:
+27 82 373 8415,
where are you now? check our website : www.samigration.com
The maximum duration for this
Visa is 3 months. If a longer stay is required the applicant must apply in
advance abroad or he can extend the visitor’s Visa locally, confirming the
purpose of stay.
A valid return air / bus ticket,
proof of sufficient financial means, the application fee andmust be accompany
an application for extension. Pease note that a visitor’s Visa can only be
extended once for a maximum of 3 months.
Please be aware that all
extensions and changes need to be applied for 30 days before expiry of the
current Visa. Missing the cut-off date without demonstration of good cause
(e.g. illness, accident) will mean that you have to leave South Africa.
Countries exempt from South
African visas:
The exemptions pertain to
ordinary, diplomatic and official passport holders. Official visits (on
invitation of the South African Government) and accreditation for holders of
diplomatic and official passport holders are not dealt with here.
Visas are not required by
citizens of the following countries for the periods and subject to the
conditions indicated:
Holders of South African
passports, travel documents and documents for travel purposes.
Holders of passports of The
United Kingdom of Great Britain and Northern Ireland including the British
Islands Bailiwick of Guernsey and Jersey, Isle of Mann and Virgin Islands as
well as the Republic of Ireland are totally exempt from South African visa control
and thus do not require visas for any purpose regulated by visas.
Please Note:
Angola: Bona fide holiday and business
visits not exceeding 30 days and transits Antigua and Barbuda: Bona fide holiday and business visits not exceeding
30 days and transits Argentina: Bona fide holiday and business visits not exceeding 90 days
and transits Australia: Bona fide holiday & business visits only (period
unspecified) and transits Austria: Bona fide holiday & business visits only (period
unspecified) and transits
Barbados: Bona fide holiday and business
visits not exceeding 30 days and transits Belgium: Bona fide holiday & business visits only (period
unspecified) and transits Belize: Bona fide holiday and business visits not exceeding 30 days and
transits Benin: Bona fide holiday and business visits not exceeding 30 days and
transits Bolivia: Bona fide holiday and business visits not exceeding 30 days and
transits Botswana: Bona fide holiday and business visits not exceeding 30 days
and transits Brazil: Bona fide holiday and business visits not exceeding 90 days and
transits
Canada: Bona fide holiday & business
visits only (period unspecified) and transits Cape Verde: Bona fide holiday and business visits not exceeding 30 days
and transits Chile: Bona fide holiday and business visits not exceeding 90 days and
transits Costa Rica: Bona fide holiday and business visits not exceeding 30 days
and transits Cyprus: Bona fide holiday and business visits not exceeding 30 days and
transits. Diplomatic and official passport holders visiting the RSA for holiday
purposes are exempt for 90 days. Czech Republic: Holders of diplomatic and official passports for holiday
visits not exceeding 90 days and transits
Denmark: Bona fide holiday and business
visits only (period unspecified) and transits
Ecuador: Bona fide holiday and business
visits not exceeding 90 days and transits Egypt: Holders of diplomatic and official passports for holiday visits
not exceeding 30 days and transits
Finland: Bona fide holiday & business
visits only (period unspecified) and transits France: Bona fide holiday & business visits only (period
unspecified) and transits
Gabon: Bona fide holiday & business
visits not exceeding 30 days and transits Germany: Bona fide holiday & business visits only (period
unspecified) and transits Greece: Bona fide holiday & business visits only (period
unspecified) and transits Guyana: Bona fide holiday and business visits not exceeding 30 days and
transits
Hong Kong: Bona fide holiday and business
visits not exceeding 30 days and transits This exemption is only with regard to
holders of Hong Kong British National – Overseas (BNO) passports, Hong Kong
Special Administrative Region (HKSAR) passports and Hong Kong Certificates of
Identity. Hungary: Bona fide holiday and business visits not exceeding 30 days and
transits Diplomatic and official passport holders visiting the RSA for holiday
purposes are exempt for 120 days.
Iceland: Bona fide holiday & business
visits only (period unspecified) and transits Israel: Bona fide holiday and business visits not exceeding 90 days and
transits Italy: Bona fide holiday & business visits only (period unspecified)
and transits
Jamaica: Bona fide holiday and business
visits not exceeding 90 days and transits Japan: Bona fide holiday & business visits only (period unspecified)
and transits Jordan: Bona fide holiday and business visits not exceeding 30 days and
transits
Lesotho: Bona fide holiday and business
visits not exceeding 30 days and transits Liechtenstein: Bona fide holiday & business visits only (period
unspecified) and transits Luxemburg: Bona fide holiday & business visits only (period
unspecified) and transits
Macau: Bona fide holiday and business
visits not exceeding 30 days and transits This exemption is only with regard to
holders of Macau Special Administrative Region passports (MSAR). Malaysia: Bona fide holiday and business visits not exceeding 30 days
and transits Maldives: Bona fide holiday and business visits not exceeding 30 days
and transits Malta: Bona fide holiday and business visits not exceeding 90 days and
transits Malta: Holders of diplomatic and official passports for holiday
visits not exceeding 90 days and transits
Mauritius: Bona fide holiday and business visits not exceeding 30 days and
transits
Mexico: Bona fide holiday and business visits not exceeding 30 days and
transits
Morocco: Holders of diplomatic and official passports for holiday visits not
exceeding 30 days and transits
Namibia: Bona fide holiday and business
visits not exceeding 30 days and transits Netherlands (Kingdom of the): Bona fide holiday and business visits only
(period unspecified) and transits New Zealand: Bona fide holiday & business visits only (period
unspecified) and transits Norway: Bona fide holiday & business visits only (period
unspecified) and transits
Paraguay: Bona fide holiday and business
visits not exceeding 90 days and transits Peru: Bona fide holiday and business visits not exceeding 30 days and
transits Poland: Holders of diplomatic and official passports for holiday visits
not exceeding 90 days and transits Portugal: Bona fide holiday & business visits only (period
unspecified) and transits
Romania: Holders of diplomatic and
official passports for holiday visits not exceeding 120 days and transits
San Marino: Bona fide holiday and business
visits not exceeding 90 days and transits Seychelles: Bona fide holiday and business visits not exceeding 30 days
and transits Singapore: Bona fide holiday and business visits not exceeding 30 days
and transits Slovak Republic: Bona fide holiday and business visits not exceeding 30
days and transits South Korea: Bona fide holiday and business visits not exceeding 30 days
and transits Spain: Bona fide holiday & business visits only (period unspecified)
and transits St Helena: Bona fide holiday and business visits not exceeding 90 days
and transits St Vincent & the Grenadines: Bona fide holiday and business visits
not exceeding 90 days and transits Swaziland: Bona fide holiday and business visits not exceeding 90 days
and transits Sweden: Bona fide holiday & business visits only (period
unspecified) and transits Switzerland: Bona fide holiday & business visits only (period
unspecified) and transits
Thailand: Bona fide holiday and business
visits not exceeding 30 days and transits Tunisia: Holders of diplomatic and official passports for holiday visits
not exceeding 30 days and transits Turkey: Bona fide holiday & business visits not exceeding 30 days
and transits
United States of America: Bona fide holiday and business
visits only (period unspecified) and transits Uruguay: Bona fide holiday and business visits not exceeding 90 days and
transits
Venezuala: Bona fide holiday and business
visits not exceeding 90 days and transits
Zambia: Bona fide holiday and business
visits not exceeding 30 days and transits Zimbabwe: Bona fide holiday and business visits not exceeding 30 days
and transits. Only government officials, including police on cross border
investigation
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South Africa is emerging as one
of the world’s most exciting study destinations. This is demonstrated in the
rapidly increasing number of international students. Because of international
exchange rates, South Africa offers real educational value for money.
A Study Visa may be issued
to a foreigner intending to study in South Africa for longer than three months.
For the purpose of the Act, study shall mean study at a primary, secondary or
tertiary educational institution or any bona fide institution of learning,
including but not limited to professional training, cultural, technical,
research, vocational, sportive, language and entertainment institutions of
learning.
SA Migration Services will
professionally help you to get the necessary study Visas to study in South
Africa.
South Africa’s entire educational
system, from primary schools to tertiary institution, is in the process of
being redesigned for the post-apartheid future. The result of this process will
be a better, more efficient educational infrastructure. South Africa is a
nation at the cutting edge of change. This is why it is one of the world’s most
exciting places to be a student.
You will need a letter of
acceptance from the college/uni you will be attending.
Students are allowed to work for
20 hours a week in a casual position.
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This type of South Africa Spouse
or life partner permit is available to people in either heterosexual or
same-sex relationships and can be applied for as either a spouse temporary
residence permit or a permanent residence permit depending on the length of the
marriage or relationship in question.
Foreigners who are spouses of
South African citizensor permanent resident holders may apply for permanent
residence. To obtain permanent residence, you would have to have been with your
partner for more than 5 years.
Being one of the most progressive
countries in the world in recognizing same-sex couples and affording them equal
rights to that of heterosexual unions South Africa grants spousal permits to
life partners in both same-sex and heterosexual relationships.
The spousal permit is classified under the
relative’s visa category and is renewable.
The spousal visa is issued for a period of 36
months at a time. An added factor is the expiry date of the passport , ie
the visa cannot be longer than expiry date of passport.
It is a temporary residency visa and is only
issued to foreign nationals who can prove a committed relationship with a
South African citizen or person holding permanent residency.
The couple must be able to prove a
relationship longer than two years
If you would like to study or
work while in the Republic you may do so but you would have to apply for
working rights to be added to your visa. Persons on a spousal permit may also
only apply to have either study, or business or working rights added to their
visa, but not all three. This means that if you added a working rights
endorsement to your visa you may only work for an employer.
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A retirement visa can be granted
for 4 years to someone with a monthly pension, irrevocable annuity or
retirement account of R37 000 from a net worth/combination of assets realizing
R37 000 per month and wishes to retire temporarily or permanently in South
Africa.
A South African Retired Person’s
permit is ideal for people wishing to retire in South Africa temporarily or
permanently subject to the financial criteria or parameters being satisfied.
This South African visa category is designed for those intending to retire in
the country or wishing to have a long stay in South Africa with the need to
renew the visa or permit. This retirement visa is not based on age but rather
on assets, rental income and / or bank accounts generating income. It is based
upon foreigner providing proof that such foreigner has the right to a pension
or an annuity or retirement account which will give such foreigner a prescribed
minimum payment for the rest of his or her life from the country of his or her
origin; or a minimum prescribed net worth generating income for life.
This South African immigration
visa is a popular option for seasonal visitors, i.e. those visiting the country
for a period of six months or more. An important point to observe is that
successful applicants are under no obligation to apply for permanent residence.
The temporary grant may be
renewed indefinitely so long as the requirements continue to be met. However,
permanent residency does bestow additional benefits upon its holder. In South
Africa, immigration through the retired person’s route can be either a
temporary visa permit or a permanent residence visa as outlined in the
eligibility criteria summarized below.
The temporary route is granted for four years
and is renewable indefinitely for four-year periods.
The permanent route offers permanent residents
the same rights and privileges as those with South African citizenship,
with a few key exceptions, most notably the right to vote.
In both the temporary and
permanent residence category the, South African Retired Persons Visa is based
upon financial criteria and unlike a South African Work Visa, no prior job
offer needs to be in place before an application can be made. Although unlike
temporary South African visit visas, retired people can permitted to work if
they wish, provided they apply under the correct visa category – Retirement
plus Work Visa We wish to stress that the category “retired person”, does
not confer a maximum or minimum age limit for this class of visa for South
Africa. Retired person’s visas may be awarded to people of all ages, provided
that the eligibility requirements below are met.
A pension, retirement account or irrevocable
annuity which has a value of at least R37, 000 per month. This requirement
applies to each person making an application.
Alternatively, candidates may obtain a South
African visa of this kind by demonstrating a “net worth” through
a combination of assets which equates to a minimum of R37, 000 per month.
Once again, this criterion applies to each person making an application.
Work Conditions
The nature of this type of immigration to South Africa is such that no specific
stipulations are in place regarding a candidate’s ability to work in South
Africa. In most cases, it may be assumed that people embarking upon this route,
based as it is upon a steady income from a source other than employment will
not be entering the country to work. However, each case will be considered
individually and candidates may be able to work during their time in the
country.
Applicants wishing to work will
need to submit an employment contract and is not required to demonstrate that a
South African citizen or resident is available for the position. The idea here
is that applicants under this category can supplement their income and that the
rules have been relaxed significantly from the stringent work visa
requirements.
Accompanying Dependents
Spouse immigration and dependent
immigration are now provided through temporary South African Retired person’s
visas. This route to South Africa is based upon the financial security of each
applicant and unlike work permit visas or business visas, the dependent family
members of retired applicants automatically qualify for visit visa status to
accompany the principle applicant and does not have to meet the same criteria
for temporary residence but for the purposes of permanent residence they are
treated as one family unit.
However, in cases where an
applicant successfully obtains permanent residence as a retired person, their
spouse and/or dependent children, i.e. those aged under 21 will also qualify
for permanent residency.
Financially Independent
An alternative route exists in
the financially independent visa for which candidates would need to be able to
demonstrate a net asset value totalling not less than R12 million.
In addition, it would also be
necessary to demonstrate proof of payment of R120,000 as a non-refundable sum
to the Director General of Home Affairs. The application for a financially
independent visa will lead to permanent residence.
A retired persons visa may be issued for a
period exceeding three months to a foreigner who intends to retire in the
Republic, provided that the foreigner provide proof that such foreigner
has the right to a pension or an annuity or retirement account which will
give such foreigner a prescribed minimum payment for the rest of his or
her life from the country of his or her origin; or a minimum prescribed
net worth.
The Department may authorise the holder of a
retired person permit to conduct work under terms and conditions as the
Department may deem fit to determine under the circumstances.
A retired person visa may allow its holder to
sojourn in the Republic on a seasonal or continuous basis; and not exceed
a four-year period, at the expiry of which it may be renewed one or more
times.
These are the world’s 20 most
expensive cities for expats
Fin24 – 9
June 2022
Hong Kong
is the world’s most expensive city to live in as an expat for the second year
in a row, according to a new study. New York and Geneva took second and third place
in the rankings.
Higher
prices and a stronger currency over the past year kept the Asian city at the
top of the tree, according to ECA International, which carried out its research
in March this year. London and Tokyo round out the top five.
Soaring rental
costs were part of the reason London and New York took their positions in the
top five, with rent in those cities rising 20% and 12% respectively.
ECA
International analyses the cost of consumer goods and services in more than 490
locations worldwide, while accommodation data is also factored in, comparing
rental costs in areas typically inhabited by expatriate staff in over 410
locations worldwide. The latest report ranks 207 cities in 120 countries.
Here are
the world’s top 20 most expensive places for expats (with the March 2021
ranking in parentheses):
1. Hong Kong (2021 ranking:
2. New York, US (4)
3. Geneva, Switzerland (3)
4. London, UK (5)
5. Tokyo, Japan (2)
6. Tel Aviv, Israel (7)
7. Zurich, Switzerland (6)
8. Shanghai, China (9)
9. Guangzhou, China (10)
10. Seoul, South Korea (8)
11. San Francisco, US (15)
12. Shenzhen, China (12)
13. Singapore (13)
14. Beijing, China (16)
15. Jerusalem, Israel (18)
16. Bern, Switzerland (17)
17. Yokohama, Japan (11)
18. Copenhagen, Denmark (14)
19. Oslo, Norway (19)
20. Taipei, Taiwan (21)
Come and
live , play , study , retire in South Africa , contact us
How can
we help you , please email us to info@samigration.com whatsapp me on:
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website : www.samigration.com
To share
the news that The Department of Home Affairs are carrying out immigration raids
on businesses, in search of employers who are violating immigration laws.
What
happened?
According
to Sa Migration, many foreign workers were arrested and a restaurant / factory
managers , owners of businesses who employed foreigners illegally will be charged
with violating the South African Immigration Act.
How did
the Department of Home Affairs (DHA) know about these violations happening?
The DHA
confirmed to Sa Migration that the raids
took place in response to complaints received from members of the public
regarding suspected illegal working. The DHA also said it expects more arrests
to follow as the investigation continues.
The moral
of the story
The DHA’s
promise to pay random, unannounced visits to businesses are not idle threats.
The Department could visit your office or worksite at any time and you’ll be
found in contravention of South Africa’s Immigration Act if the DHA find that
you are illegally employing foreign workers.
Instead
of being caught off-guard, ensure that your foreign employees hold valid visas
at all times. Also, that you only employ foreigners with valid and correct
visas.
If you
need help determining whether your foreign workers are employed legally, you
can ask us for a free employee audit. Our team will come to you, do the audit
and then report back plus advise on any necessary steps to take.
Getting
an audit done demands no effort or risk from your side. However, you do risk
jail time or hefty fines if you don’t know the legal status of your employees.
Prefer
the former over the latter? Then call us today on +27 (0) 82 373 8415 and
ascertain the legal status of your foreign employees.
How can
we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373
8415, where are you now? check our website : www.samigration.c
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.
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on:
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The interpretation of research
activities should not be confused with activities for which a work Visa will be
required. If an employment position/post is offered wherein the incumbent will
be on the establishment (personnel structure) of the institution, then a work
Visa will be required.
“work” means business,
commercial or remunerative activities within the Republic, excluding work on
the basis of a Visa referred to in sections 12 or 14, or work for a foreign
employer pursuant to a contract which only partially calls for activities in
the Republic, or work as a business or profession mainly based outside the
Republic but requiring activities within the Republic.
Nationals who are visa restricted
must apply for a visa if they wish to enter South Africa for any period not
exceeding three (3) years for the purpose of engaging in research activities.
Certain Nationals may proceed to
South Africa without a visa, at which point they will be admitted for an
initial period of 3 months, within which they may apply for the renewal of
their Visas in South Africa.
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on:
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South Africa encourages permanent residency if you are serious about staying
in South Africa on a long terms permanent basis there are many categories you
can apply under.
Hold a General Work Visa
for five years and have a permanent job offer.
Hold a Relative’s Visa
sponsored by an immediate family member.
Hold a Critical Skills Visa
and have 5 years relevant work experience.
Be in a proven life partner
relationship for five years
Be married to an SA Spouse
for at least five years.
Have held Refugee Asylum
Status for five years.
Hold a Business Visa.
Receive a monthly income of
R37,000 through Pension or Retirement Annuity
Have a net asset worth of
R12m and payment to Home Affairs of R120,000
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South Africa seeks highly skilled individuals to live and work in SA.
SA Migration Services will provide professional assistance to arrange your
work visa for you if you qualify.
Work Visas are regulated in terms of Section 19, Regulation 18 and items 18
(1), 19(2), 20, 21 and 22, of Schedule A.
There are three common types of Work Visas:
General Work Visa
Inter Company Transfer Visa
Critical Skills Visa
General Work Visa
Under the General Work Visa there are very strict
requirements. The South African government, although trying to promote work and
trade in South Africa, recognize the need to give South Africans the chance to
obtain employment ahead of any foreigner.
You will have to prove that you are the only person who can fill that
position and that no other South African can play that role. This is done by
placing an advert in a national newspaper advertising the position.
A Department of Labour report would need to be obtained.
You will also need to have a job offer/contract from your future employer.
The most important part of the process is skills assessment by SAQA (South
African Qualifications Authority) in SA which evaluates your formal
qualifications and compares them to a SA qualification. This process is
mandatory and for this we would need your academic transcripts and award
diplomas. Note under the regulations provision is made for the recognition of
work experience in the absence of formal qualifications and this therefore
makes provision recognition of prior work experience (RPL).
This is a paper based system which merely compares the foreign
qualifications and arrives at an equivalent qualification in SA, and if
qualified in SA then no SAQA needed.
Next your employer has to prove that you are the only person that can fill
the position and no other South African can fill that role. This is done by
placing an advert in a national newspaper advertising the position.
Please note the work Visa is issued in the name of the employer so the
person is tied to the employer. If they change the job they will require a new
work Visa.
There is some good news for people who are qualified through work experience
only and they can qualify if they don’t require formal qualifications, ie SAQA.
Inter Company Transfer Visa
An intra-company transfer work Visa may be issued by the
Department to a foreigner who is employed abroad by a business operating in the
Republic in a branch, subsidiary or affiliate relationship and who by reason of
his or her employment is required to conduct work in the Republic.
An important factor is that the applicant has to have been employed with the
company abroad for a period of not less than 6 months.
The Intra company transfer is not designed to be a long term visa. The idea
is to bring in foreign workers employed by the company abroad with a branch or
subsidiary branch here in South Africa; they work or conduct training for four
years, and then return home.
This Visa does not require the hassle of proving the company could not find
suitable applicants and it does not require the hassle of verifying an
applicant’s formal qualifications. It is based purely on employment. If you are
a company that needs to transfer in foreign employers, please contact us and we
will make this go as smoothly as possible.
It is important to note that this category of work Visa cannot be granted
for more than four (4) years and this type of Visa is not extendable.
Critical Skills Work Visa
The Critical Skills Visa South Africa is for skilled workers whose
occupation is on the Critical Skills Visa List for South Africa. This list
reflects the occupations that are in demand in South Africa.
The newly published “Skills or qualifications determined to be critical
for the Republic of South Africa in relation to an application for a Critical
Skills Visa or Permanent Residence Visa”
This category of work visa may be issued to an applicant who falls within a
specific professional category or specific occupational class determined by the
Minister by notice in the Government Gazette. This is done after consultation
with the Minister of Labour and the Minister of Trade and Industry.
If an applicant falls within one of the professional categories listed on
the critical skills list and also has the appropriate post qualification
working experience in that profession then such applicant may qualify to apply
for this category of work Visa.
The applicant also needs to where applicable register with the relevant
South African professional accreditation body regulating that industry as
stipulated by Minister of Home Affairs. Such body must also confirm the
applicant’s skills, qualifications and working experience.
Furthermore, such applicant’s qualifications need to be evaluated relevant
to a South African level. An applicant for a Critical Skills Visa may enter
South Africa on such visa without having secured a job offer first. It is,
however, required of the applicant to confirm employment with the Department of
Home Affairs within a period of one (1) year upon arrival in South Africa,
failing which, the Visa would automatically lapse.
The Critical Skills Work Visa is tied to an individual and not to an
employer so under this Visa a person can leave from one employer to the next
without obtaining a new work Visa.
*** Please wait a while for the download to come through ***
Fill out the enquiry form on the right, to give us more information on your
current status. Once we have all your information, we can assess whether or not
you will qualify for the requested visa.
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on:
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Any foreigner who intends to seek medical treatment in South Africa at a
medical institution for more than 3 months, needs to apply for a medical visa.
The medical permit allows foreigners to stay in South Africa temporarily whilst
undergoing treatment at their preferred medical institution.
A medical visa would only be approved if the foreigner needs to undergo
treatment at a private hospital, public hospital, rehabilitation centres and
detox clinics in South Africa. Please note that a medical permit holder may not
work or apply for work while in the country.
How do I qualify?
A letter from the applicant’s registered medical practitioner or medical
institution within the Republic, confirming;
That space is available at
the medical institution;
The estimated costs of the
treatment;
Whether or not the disease
or ailment is treatable;
The period and details of
the treatment in the Republic
Fill out the enquiry form on the right, to give us more information on your
current status. Once we have all your information, we can assess whether or not
you will qualify for the requested visa.
How can we help you , please email us to info@samigration.com whatsapp me
on:
+27 82 373 8415, where are you now?
check our website : www.samigration.com
Worksite immigration enforcement has increased, but still few employers
charged with illegal hiring
The recent immigration enforcement raids
at several chicken-processing plants in Mississippi netted hundreds of arrests
and dozens of criminal indictments against undocumented workers. But the action
brings up a long-standing question, especially in an era of increased worksite
enforcement: Where are the charges against the employers for hiring
unauthorized workers?
Nearly 700 people were arrested at seven chicken processors in the
largest operation of its kind in more than a decade. About 300 were released
shortly thereafter with orders to appear before an immigration judge, while the
rest were detained. Another 100 from one of the affected facilities were reportedly fired after the raid. Online court
documents show that dozens of workers have since been indicted on charges
ranging from illegal re-entry into the country to fraud.
However, no charges have yet been brought against the companies, owners
or managers. Why?
Employer Investigations Take Time
“There is no doubt that the companies are under investigation by
Immigration said Bruce, an attorney operating in this sector . Immigration are
targeting employers with high staff employment with low skill jobs in the
agriculture , hospitality , factories etc
Those warrants show that immigration suspected the companies of
willfully hiring and employing undocumented workers, predominantly a civil
offense under the Immigration Act federal law.
Home Affairs Minister has stated that anyone, including employers, found
to have broken the law would be held accountable and declined to comment
on whether any employers will be charged, citing the ongoing investigation.
Employers will be prosecuted if it’s proven beyond a reasonable doubt that they
violated the law.
Julie Myers Wood seized from the companies to determine whether the
employers should face charges, said Julie Myers Wood, CEO of investigative and
compliance consultancy Guidepost Solutions and former director of ICE under
President George W. Bush.
Workplace raids became a hallmark of the current Minister of
Home Affairs .
Criminal charges can be brought against managers and business owners,
and large numbers of unauthorized workers can be identified and potentially
removed during worksite raids,.
“However, we are seeing more use of undercover agents at worksites
and workers cooperating with the government as witnesses, which may lead to
quicker employer prosecutions,” she said.
Civil penalties for employers hiring or continuing to employ
undocumented workers range are high .per employee for second and third
offenses. Employers can face criminal charges, and owners and managers can face
up to six months in prison if a pattern of hiring unauthorized workers is
established.
The Department of Home Affairs (DHA) has introduced a centralised
adjudication system for visas. The new system will mean that all long-term visa
applications submitted through a South African embassy or high commission are
being sent to the Home Affairs head office in Pretoria.
Previously, these applications were adjudicated and finalised by
consular officials within the missions, says Moeketsi Seboko, immigration
manager at Xpatweb.
“What we know so far is that the purpose of the centralised system is to
ensure consistency and uniformity in the application of the Immigration Act and
regulations toward the adjudication of visa submissions.
“The implementation of this new system is seen as an attempt by DHA to
enhance the integrity of its Immigration Department and to show efforts to
align systems in the interest of national security whilst contributing to the
recovery of the economy.”
Issues
The Department of Home Affairs had been made aware that there are
inconsistencies and arbitrary rules by officials at missions which have led to
consular officials requesting non-prescribed requirements for the same visa
application, Seboko said.
At times, these requested requirements can change weekly depending on
the official receiving the documents, which often results in an inconsistent
and unpredictable adjudication process. Although this is not the case with all
missions, as some are compliant and enforce the correct visa application
processes and procedures, Seboko said.
“We welcome the new system and are of the opinion that with proper and
systemic implementation, the centralised system will improve on the
effectiveness and uniformity in the adjudication process of long-term visa
applications.
“However, like with any structural change, teething problems are
expected and are currently affecting expats and their employers around the
globe. An example of this is greatly increased processing times of visa applications
as a result of a bottleneck due to the vast number of visa application received
at the Department of Home Affairs head office from the missions.
“One can only hope that the Department of Home Affairs is being
proactive and jumping on implementing measures to mitigate further delays in
the release of visa application outcomes and also to increase the staff
complement at DHA Head Office to relieve the pressure of the volume of
applications received.”
Xpatweb called for a more permanent and robust solution to address the
ever-evolving immigration standards.
The Department of Home Affairs says it is not
targeting migrants from the African continent.
Home Affairs Minister Aaron Motsoaledi
attempted to dispel the notion that migrants from European countries were
not investigated.
MPs in the National Council of Provinces have
raised concerns about the apparent targeting of African migrants.
Home Affairs Minister Aaron Motsoaledi has attempted to dispel the
notion that his department mainly focuses on African migrants and not those
from European countries.
This is contained in a report of the National Council of Provinces’
Select Committee on Security and Justice on its evaluation of the 2022-’23 home
affairs department budget vote and annual performance plan.
The long queues at home affairs offices, digitising documents, border
security, and immigration issues were some of the main challenges MPs
highlighted.
The committee also raised concerns that it was not receiving reports on
the arrests of illegal migrants.
Furthermore, committee members were concerned that the department mainly
focused on African migrants and not those from European countries.
“The minister responded that due to the nature of investigations,
the information is not always forthcoming, but they are doing work behind the
scenes discreetly. The minister also wanted to correct the wrong perception
that they are only chasing illegal migrants from the African continent,”
the report read.
The report added:
As a result of the 2010 World Cup legacy project,
any flight from any country, 24 hours before arrival, has to send a list of all
passengers, and they are stopped before coming to South African borders. The
department does not solely focus on African illegal immigrants.
Last month, Motsoaledi admitted that South
Africa’s immigration system needed a complete overhaul.
He conceded that only 13 officials dealt with an avalanche of corruption
cases that were borne out of immigration offences.
But he gave an assurance that 12 new staff members would be added to the
department’s counter-corruption unit, including analysts, researchers and
investigators.
Last month, a senior Department of Home Affairs official was dismissed
for approving the permanent residency application of self-proclaimed prophet
and fugitive Shepherd Bushiri.
Bushiri, his wife, Mary, and three others are accused of fraud involving
around R102 million.
WATCH | The paradoxes of Bushiri
Journalist Maynard Manyowa reflects on his
relationship with the self-proclaimed prophet while working for him. He is a
complex man who means many different things to different people, and his every
word and action will always draw stark polar contrasts. His loaded with
contradiction and paradox, and the jury is out, on what kind of a man he truly
is.
At the time of their bail hearing, home affairs officials suggested that
the Bushiris should be considered a flight risk and denied bail. However, they
were granted R200 000 bail each.
In 2020, the Bushiris fled to Malawi.
Meanwhile, MPs also wanted an update on the progress and challenges
related to the implementation of the Border Management Authorities (BMA).
WATCH | Staged miracles: Self-proclaimed prophet
Shepherd Bushiri walks on air
Journalist Maynard Manyowa shares with News24 what
happened behind the scenes when self-proclaimed prophet Shepherd Bushiri made
the infamous clip showing him walking on air. “In reality, two men
off-camera had lifted him up, then zoomed his feet as he dangled his legs in a
walking motion,” he told News24. The video backfired spectacularly but
gave the church hitherto unseen mileage.
Motsoaledi responded that the BMA was a branch that was still incubated
in the department, and work was under way to make it a stand-alone entity by
April next year.
“The BMA Act provides for nine ministers to be part of an inter-ministerial
committee selected by the president. The BMA is going to bring government
departments together. Those police officers at the border posts reporting to
SAPS will have to choose whether to be transferred to BMA. The proclamation
allows the president to transfer certain functions from one minister to
another, and the president may transfer staff.
“Department of Health officials will also be transferred to BMA. No
transfers will be made from the South African National Defence Force or SA Revenue
Service. Implementation protocols will determine the collaboration with BMA in
terms of the working arrangements,” he said.
A Saudi Arabian man has finally won a three-year battle against Home
Affairs after they unfairly rejected his application for a spousal visa.
Father of two, Nadir Abdul Majeed, 30, says despite being married for
three years and being a university graduate, he was not allowed to work or live
in South Africa because his visa had been rejected due to administrative
bungles.
In January the depressed dad told the Daily Voice how he and his
Ottery family were struggling because he could not even enrol for an internship
despite having a B.Com degree from Stellenbosch University.
Wife Saarah Jasmin, 25, says they were contacted by attorney Stefanie de
Saude Darbandi.
“She was in contact with us before but she needed an advocate to
litigate the matter at the High Court.
“She contacted us after the article (was published) and helped us with
the paperwork.
“We had to take 300 pages to the police station to get it signed. We
were waiting for a court date when we got a call saying there is an outcome.”
The couple was overjoyed when they were told that Nadir’s visa had
arrived.
Stefanie, from De Saude Darbandi Immigration Attorneys, says she
enlisted the help of Advocate David Simonzs and together they took Nadir’s case
to the High Court.
“The application was rejected again for another reason and this was the
last appeal.
“We sent a letter to Home Affairs informing them to set aside the ruling
or go to court.
“We were contacted by the state attorney who indicated that an outcome
was ready and that is when we obtained the visa,” she explains.
She adds: “About 70% of the applications are wrongfully rejected and an
application like this costs between R60 000 to R180 000 just to get a High
Court date and many cannot afford this.”
Nadir says he is now looking for an internship.
“Right now I am excited and applying for internships at accounting firms
so I can help build a better life for my family,” he says
Graduates from African universities will not be eligible for the United Kingdom’s High Potential Individual (HPI) visa
aimed at attracting highly skilled graduates from non-UK universities to work
in various fields, including science, technology and entrepreneurship in the
country.
Barring a change in plan, the UK will start receiving applications for
the HPI on 30 May. Prior to the expiry date of the two to three years’ work
allowed by the HPI visa, holders can obtain permits to guarantee their
continued stay and employment in the UK.
But not all bachelor, masters and PhD degree holders will qualify for
the work opportunity.
According to the UK Home Office, prospective applicants are expected to
have bagged their degrees, during the past five years prior to applying, from
the list of top 50 universities featured in at least two of the following three
ranking systems: Times Higher Education, Quacquarelli Symonds and the Academic
Ranking of World Universities.
About 40 institutions from the United States, France, China, Hong Kong,
Australia, Germany, Canada and Japan feature on the list.
Notably, no African university meets this requirement. This has sparked
questions about the exclusionary slant to the visa policy on the one hand and,
on the other hand, the quality of education offered by universities in Africa.
“I believe Britain is unfair to African graduates, using the ranking of
universities as a criterion for engagements,” said Professor Olusola Oyewole,
the secretary general of the Association of African Universities (AAU),
maintaining that every university is unique in its mission and purpose.
“The UK is wrong to assume that graduates from high-ranking universities
are more skilled than graduates from Africa.”
Oyewole noted that world ranking indices — such as academic reputation,
employer reputation, faculty to student ratio, citations per faculty,
international faculty ratio and international student ratio — favour
long-established universities and that these disadvantaged African universities
“because of their relatively young age”.
“I do not want to make excuses for African universities because their
mission may not be the same as those of Europe and America that had been in
existence for many hundreds of years. [But] a ranking system that considers the
number of Nobel laureates as a measure of academic reputation may not favour
African universities,” said Oyewole, the former vice-chancellor of the Federal
University of Agriculture, Abeokuta, Nigeria.
The poor rating of African universities does not make their products
necessarily inferior to graduates in other climes, Oyewole said. “It is only a
reflection of the funding and support given to the institutions on the African
continent.”
He said many graduates from Africa, having survived in their immediate
environment, perform whenever they have opportunities to further their studies
outside the continent.
Oyewole said that with the right facilities, funding and conducive
environments, African graduates have been found to be resilient, resourceful
and highly innovative in the world of work.
“Many foreign-based students and academics cannot survive or operate in
the difficult academic terrain of many institutions in Africa, where funding is
scarce. Yet the African academics find means of surviving and contributing to
development with little resources,” he said.
“While the UK might have put up its own criteria, it is encouraging that
other countries, like Canada and the United States, have found that graduates
of African universities are resourceful and innovative and they have risen to
challenges.”
Professor Mahfouz Adedimeji, the vice-chancellor of Ahman Pategi
University in Kwara State, Nigeria, said the new UK visa regime appears to be
skewed against Africa.
With more than 25 000 universities globally, the top 50 ranking
represents a paltry 0.2%, the Fulbright scholar observed, saying the US and UK
universities would make up the bulk of the percentage, while most African,
Asian and South American universities would not feature in the list.
“[Universities] operate under peculiar circumstances. It would have been
better for the new policy to attract the best 10 universities in each
continent, for example.
This would have been more inclusive,” Adedimeji said.
At the time of publication, the UK Home Office had not yet replied to an
inquiry about its educational criteria for the visa.
The varying contexts of operation notwithstanding, most African universities,
especially government-owned institutions, are plagued with poor funding,
resulting in low-quality research outputs and a dearth of infrastructure.
“That is why we are on strike,” said Professor Emmanuel Osodeke, the
president of the Academic Staff Union of Universities in Nigeria, attributing
the three-month ongoing industrial action in Nigeria’s federal universities to
the government’s failure to implement a 2009 agreement seeking revitalisation
of the institutions and better working conditions.
“In the [19]60s and [19]70s, the University of Ibadan [in south-west
Nigeria] was one of the best in the world. Today, it is 1 172nd in the world,”
said Osodeke.
“Let us develop our universities. We have the brains, human resources
and other resources, but the problem is misplaced priorities,” he added,
drawing on the lavish spending of political elites in the country.
“Politicians are paying NGN100‑million ($241 600) to buy presidential
forms. NGN100‑million would fully furnish a biochemistry lab in a Nigerian
university.
“Most of them get the money from the government. Every country has a
right to put a limit to who should come to their country or not. We should
develop our own country.”
In Nigeria, for instance, the budgetary allocation to education is
embarrassingly low, pegged at 5.68% of the national budget in 2021 and reduced
to 4.30% in 2022.
Adedimeji said: “Similar patterns of underfunding education persist in
many African countries, hampering development.” He added that a lack of
commitment to adequate funding constitutes “a bane” to university education in
Africa.
“This is where African governments and stakeholders have to show
commitment to higher education funding. African universities are still largely
in the Global South characterised by the digital divide. Technology is
expensive and it requires a lot of funding and investment,” he said.
Admitting the setbacks Adedimeji identified, the AAU secretary general
also blamed the plight of African universities on poor remuneration and low
research funding by governments.
“Criteria used for ranking favour the high-funded, research
facilities-endowed institutions which can engage and retain quality research
and engage high-calibre academics, including many Africans in the diaspora.
This does not mean that African researchers are inferior to researchers from
other continents,” he said.
“Many African universities find it difficult to attract foreign
academics and researchers because they cannot afford to pay their salaries.
This makes them uncompetitive with respect to the international faculty ratio,
which is one of the criteria in the world ranking systems. Indeed, the low
level of remuneration paid to African academics makes them non-competitive with
foreign universities.”
That African universities are excluded from the new UK visa policy is a
wake-up call that we need to do more as Africans to be more globally
competitive, Adedimeji pointed out, urging that teaching has to be reinvented,
research deepened, service strengthened and infrastructure rejigged.
“The low ranking of universities in Africa should be a clarion call on
African governments and institutions to invest more in their higher education
institutions,” Oyewole agreed.
In his paper, titled Higher Education in Africa: Facing the Challenges in
the 21st Century, Professor Goolam Mohamedbhai, the former secretary general of
the AAU and a former vice-chancellor of the University of Mauritius,
recommended institutional, national and regional approaches to tackling the
issues.
He advised African governments, universities and all stakeholders to
plan, innovate, collaborate, develop policies and show commitment to
implementation, concluding that “there is no reason why African countries
cannot transform these challenges into opportunities to make their higher
education sector a vibrant and productive one”
We have a question for you – can a foreign national start working for
you as soon as the work visa application has been submitted?
If your answer was either “Yes’ or “I don’t know”, keep on reading.
There are many (costly) misconceptions around South African work visas,
and we’ve put together a guide to the five most common ones for employers.
MYTH 1: A South African work visa enables the visa holder to work for
any company in South Africa
TRUTH: South African work visas only allow visa holders
to work for the employer stipulated in the visa conditions. It is illegal for
the visa holder to work for another company. Similarly, it is illegal for an
employer to hire and allow a foreign national to work for them if that person’s
visa is endorsed for work at another company.
MYTH 2: We can quickly and easily transfer a work visa from one company
to another
TRUTH: The visa holder must apply for a new work visa if
he or she wants to move to a new employer. That means once again submitting a
full visa application with all supporting documents. This process is referred
to as a ‘change of conditions’ but it is no quicker than any other visa application.
The Department of Home Affairs also doesn’t process these applications faster.
You can still expect to wait x to x weeks on an outcome.
MYTH 3: Renewing a visa is much quicker and easier than a first-time
application
TRUTH: Renewals is as much work as the original visa
application in most cases. Unfortunately, renewing a visa also doesn’t happen
faster than a first-time visa application. Our advice is to start initiating
the visa renewal process 9 to 12 months prior to the expiry date of the work visa.
MYTH 4: I can let a foreign national commence employment with my company
as soon as they have submitted their visa application
TRUTH: Any foreign national may only start working for
you once they have received their work visa. That person does not have the
right to work for you while they’re waiting on their visa’s outcome, regardless
of how long the process might take.
MYTH 5: Once an employee has worked in South Africa for 5 years, he or
she can apply for permanent residence
TRUTH: The only people who can apply for permanent
residence with 5 or more years of work experience are those with a work visa
considered under Section 19 of the Act. Intra-company transfer work visas,
corporate work visas, exchange visas and student visas do not count towards eligibility
for permanent residence.
Please note that critical skills work visas works differently to the
rest of the eligible work visas:
For all work visas other than the critical skills work visa, the
applicant must have gained the work experience in South Africa while on a South
African work visa. However, if a person who applies for a critical skills work
visa already has 5 years of experience at the time of submission, he or she
could apply for permanent residence immediately. This work experience does not
have to be from working in South Africa; it can also be from experience gained
outside of South Africa.
Want to get into the specifics?
If you’d like to discuss any of the points in our guide with a
consultant, please feel free to call us on numbers below . Alternatively, email
us and a consultant will be in touch within 24 hours.
In an attempt to tighten national security in South Africa,
Minister Gigaba has been a strong acting force in having the department raid
various businesses around the Western Cape, looking for undocumented workers
(once again). According to one article, as many as 25 illegal foreigners are
being picked up daily, from various places in the Western Cape , Durban ,
Eastern Cape , Johannesburg and Pretoria . You can read more about the
raids . See a video of the
operations which took place last year under the name operation fiela.
To be legal in South Africa, you must have a valid visa in your
passport. If you find yourself in South Africa without a valid visa, it is
important to have documentation in place to show you are in the process of
remedying your status, which may provide you with some relief from an
immigration official. Documentation can be in the form of a receipt of
application for a new visa (from VFS) or a Form 23, which allows a foreigner
status in South Africa pending a good cause application which has been
submitted to the Department of Home Affairs.
Given the current safety issues in South Africa, it is not advisable to
carry original documentation with you, especially passports. However, it is
advisable to have copies of your passport and visa, or at least proof of
receipt/good cause application on you at all times. Home Affairs officials are
entitled to ask for these documents at any time, and if not readily available,
are entitled to detain you for a period of 48 hours whilst your status is
verified. Therefore, it is also important that a family member, friend or
colleague is aware of where your passport and paperwork is in the event it
needs to be brought into SAPS or DHA for verification.
If you find yourself in a predicament where you do not have legal papers
or a visa, you can contact us and we can advise you on the best way forward for
your particular situation.
Ryanair admits creating Afrikaans test that blocked South Africans at
airports — Report
MyBroadbad
– 7 June 2022
Low-cost airline Ryanair has confirmed it asked travellers with South
African passports to complete a quiz in Afrikaans before being allowed to board
their planes, News24 reported.
The airline reportedly said it is responsible for ensuring passengers
are correctly documented for travel to their destination, per Section 40 of the
UK Immigration and Asylum Act 1999.
It said there had been a recent increase in passengers attempting to
travel on fraudulent South African passports.
Ryanair also said it conducts “procedural security profiling” to
identify passengers who must complete its test.
“Our handling agents may request passengers travelling on a South
African passport, and who are flagged during procedural security profiling, to
complete a simple questionnaire, as an additional safety assessment to confirm
whether they are correctly documented before travel,” the airline stated.
“As language proficiency is the least intrusive further safety
assessment method, this questionnaire is conducted through Afrikaans, one of
South Africa’s most prevalent official languages.”
According to Stats SA, Afrikaans is South Africa’s third most-spoken
home language (12.2%) and tied for the third most-used language outside the
home with Sepedi (9.7%).
Stats SA’s latest data on the most-spoken languages in South Africa
comes from its 2018 General Household Survey.
The 2019 and 2020 surveys do not contain language demographic data.
isiZulu was the most prominent home language and the most-spoken
language outside the home. Over a quarter of South Africans reported speaking
the language inside and outside the home.
Although English was the sixth-largest home language (8.1%), it was the
second most-spoken language in South Africa outside the home (16.6%).
Crucially, Stats SA’s data does not measure literacy in these languages.
Ryanair’s comments to News24 follow
MyBroadband’s report about complaints from travellers claiming
to have received the test, several of which included photographs of the
question paper.
One of the travellers, Catherine Bronze, agreed to a voice call on
Facebook messenger on Thursday and told MyBroadband that Ryanair prevented her
and her 11-year-old son from boarding their plane.
Her incident had occurred about two weeks prior.
She said an official told her the form had been put in place by the
British government.
They were flying from Ireland West Airport Knock to the UK after
visiting her daughter in the Republic of Ireland.
Despite providing the officials with her and her sons’ biometric
residence permits, she was forced to leave the airport and return to her
daughter when she didn’t score full marks on the test.
Her husband, who has a British passport, flew to Dublin to fetch them,
and they managed to leave via Dublin airport.
SAFM’s Stephen Groottes interviewed
Nomfundo Dlamini, programme manager for productive cities at the South African
Cities Network, who said several of her colleagues with UK work permits were
also presented with the form.
Complaints included South Africans flying from Portugal, Ibiza and
Dublin to London, and people flying from the UK to the Republic of Ireland.
Ryanair’s test questions are reproduced in the table below. The original
Afrikaans is on the left, including poor grammar and typographical errors.
General knowledge test questions for UK entry
Original question
English translation
Watter van die volgende is Suid-Afrikaanse
hoofstede? (Pretoria, Johannesburg, Bloemfontein)
Which of the following are South African capital cities?
(Pretoria, Johannesburg, Bloemfontein)
Wat is Suid-Afrika se amptelike geldeenheid?
What is South Africa’s official currency?
Noem drie van Suid-Afrika se amptelike tale.
Name three of South Africa’s official languages.
Aan watter kant van die pad moet ‘n mens bestuur
in Suid-Afrika?
On which side of the road must you drive in South
Africa?
Wat is Suid-Afrika se internasionale landkode?
What is South Africa’s international dialling
code?
At is die naam van die grootste stad in
Suid-Afrika? [sic]
What is the name of South Africa’s biggest city?
Wie is die huidige president van Suid-Afrika?
Who is South Africa’s sitting president?
Noem een van Suiod-Afrika se nasionale vakansiedae.
[sic]
Name one of South Africa’s national public
holidays.
Wat is die naam van die hoogste berg in
Suid-Afrika?
What is the name of the highest mountain in South
Africa?
Wat is die naam van die bekende berg in Kaapstad
wat sommige glo is een van die oudste berge in die wêreld?
What is the name of the famous mountain in Cape
Town that some believe is one of the oldest in the world?
Wat is Suid-Afrika se nasionale blom?
What is South Africa’s national flower?
Wat is Suid-Afrika se Nasianale dier? [sic]
What is South Africa’s national animal?
Waar is die Uniegebou?
Where are the Union Buildings?
Wat is Suid-Afrika se nasionale kleure?
What are South Africa’s national colours?
Watter een van die volgende is ‘n bekende
Suid-Afrikaanse rivier? (Geel/Oranje/Pers rivier)
Which of the following is a well-known South
African river? (Yellow / Orange / Purple river)
Despite several attempts to contact Ryanair’s media relations department
for comment, the low-cost airline did not respond to our questions.
MyBroadband reached out to the British High Commission in South Africa,
the South African High Commission in London, and the South African Department
of International Relations and Cooperation (Dirco). None answered their phones
or responded to emails.
However, the British High Commission in South Africa said in a post on Twitter that the
questionnaire was not a UK government requirement.
Dirco had also told Eyewitness News’ radio journalists for 702 on Friday
evening that it was deeply concerned about the reports and was still
investigating the matter with its UK counterparts.
Only the Irish Foreign Affairs department responded to MyBroadband’s
requests for comment.
Second secretary for the Embassy of Ireland in South Africa, Paul Evans,
said that Irish authorities do not require a language proficiency or general
knowledge test.
However, Evans also highlighted that all travellers must be able to
satisfy the Immigration Officer at the Port of Entry that they have a valid
reason for entering Ireland.
“You may also be requested by airline staff at check-in to provide
additional documentation to support your case,” he said.
This is at the discretion of the airline and includes, but is not
limited to:
Return ticket
Proof of accommodation
Bank statements showing you have sufficient
funds for the duration of the stay
Passport must be valid for six months before
the date of return, and must have two blank pages
As it turns out, you don’t need *that* much money to bribe senior
officials at Home Affairs – thankfully, this one was caught red-handed.
A top Home Affairs official has
been detained by police this week, after he caught accepting a paltry bribe
from a foreign national. The payment has enraged South Africans online, who
have questioned the department’s integrity. Nonetheless, SAPS officials have
been praised for their work.
How to bribe a Home Affairs official? You only need a few grand…
A number of concerning details were made public this week, after it
emerged that some senior workers can be ‘bought-off’ on the cheap. A police
sting operation managed to catch this criminal in the act…
The arrested official is said to be a ‘senior
immigration official’ in Bloemfontein.
A foreign national offered the suspect a total
of R6 000 to bend the rules.
The foreigner’s brother was arrested for
allegedly ‘not having proper documents’.
A sting operation was conducted by the police
and Home Affairs where the suspect met with the victim and took
R6 000 as agreed.
He was then arrested after police found him
with the money that he demanded from the victim.
The suspect is expected to appear before the
Bloemfontein Magistrates’ Court on Monday 30 May.
SAPS act swiftly to quash corruption
SAPS has since issued a statement on the matter, confirming that an
elaborate scheme was foiled thanks to the help of their Corruption
Investigation Squads, formed by both Hawks AND Crime Intelligence (CI)
“A 50-year-old suspect was arrested in Bloemfontein on Thursday 26 May
2022 by the Hawks’ Serious Corruption Investigation team together with Crime
Intelligence (CI) and Home Affairs officials all based in Bloemfontein.”
“The suspect’s arrest came after the Hawks’ Serious Corruption
Investigation team received information about the Home Affairs Senior
Immigration Officer who demanded R6 000 from a foreign national for the
release of his brother.”
Life Partner visa is issued to someone in a long term relationship.
This type of South Africa life partner visa is available to people in either
heterosexual or same-sex relationships and can apply for a life partner
temporary residence visa or a permanent residence depending on the length of
the relationship in question.
An application for temporary residence life partner visa requires that the
partners are in a proven relationship for 2 years. Foreigners who are life
partners of South African citizens or permanent resident holders may apply for
permanent residence if they have been together for 5 years or more in terms the
Immigration Act.
To obtain permanent residence, you would have to have been living with your
partner for more than 5 years. This came about with the new regulations.
The life partner visa is very similar to the spousal visa but accommodates
same sex partnerships. You will have to prove financial and emotional support
and may be called upon to be interviewed by the department.
SA Migration Intl will guide you through the entire process and make sure
that your application is fully compliant with the immigration law to ensure a
successful outcome. Once your application has been submitted we ensure you will
be able to track the progress of said application either directly via VFS or
via our followup processes via our application tracking system and be kept
fully up to date with the progress of your application.
Once we confirm that you will qualify for the visa we will ensure you have a
successful application.
If you need a life partner or spouse visa for South Africa please
contact us now!
How can we help you , please email us to
info@samigration.com whatsapp me on:
+27 82 373 8415,
where are you now? check our website : www.samigration.com
‘Pre-booked clients will be serviced at dedicated counters,’ said the
Department of Home Affairs. The Branch Appointment System is meant to cut
queues.
The Branch Appointment System (BABS) is available in six provinces.
The Department of Home Affairs has implemented an online appointment
system, which is meant to cut queues and ensure there is no need for people in
need of its services to wake at the crack of dawn.
HOME AFFAIRS ONLINE BOOKING SYSTEM
The Branch Appointment System (BABS) is available at branches in six
provinces, for now.
“Citizens are encouraged to make use of the online booking system
because in the near future, selected Home Affairs will process smart ID and
passport applications only for clients who have booked an appointment through
the Branch Appointment System,” said the department of Home Affairs.
Pre-booked clients will be helped at dedicated counters. However,
clients that do not have a booking will not be turned away.
An appointment can be made by visiting www.dha.gov.za and clicking on
BABS.
Clients will be asked to enter their SA ID number along with personal
details, including full name and surname and a cellphone number.
“The appointment booking system is one of the many strategies that we
have introduced to fight the long queues.”
Home Affairs Deputy Director-General, Thulani Mavuso, told radio station
702 that the booking system would be used for ID and passport
applications.
An
alternative to the Retirement Visa route exists in the financially
independent visa for which candidates would need to be able to demonstrate
a net asset value totalling not less that R12 million.
In
addition, it would also be necessary to demonstrate proof of payment of
R120,000 as a non-refundable sum to the Director General of Home Affairs.
The application for a financially independent visa will lead to permanent
residence.
A retired persons visa may
be issued for a period exceeding three months to a foreigner who intends
to retire in the Republic, provided that the foreigner provide proof that
such foreigner has the right to a pension or an annuity or retirement
account which will give such foreigner a prescribed minimum payment for
the rest of his or her life from the country of his or her origin; or a
minimum prescribed net worth.
The Department may authorise
the holder of a retired person Visa to conduct work under terms and
conditions as the Department may deem fit to determine under the
circumstances.
A retired person visa may
allow its holder to sojourn in the Republic on a seasonal or continuous
basis; and not exceed a four-year period, at the expiry of which it may be
renewed one or more times.
How can
we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our
website : www.samigration.com
The
Corporate visa is an excellent way for companies to manage their human capital
and staffing needs. As a result of South Africa’s fast growing economy and
increasing demands for services and products from the domestic and
international market, your business may struggle to fill all available
positions with South African personnel. Certain high qualified and skilled
employees in highly specialised areas may simply not be accessible in South
Africa. The Corporate visa provides a facility for your company to obtain the
permission from Home Affairs to recruit a certain number of foreign employees
to fulfill certain roles . Note there is a requirement that company applying
for a corporate visa must provide proof that at least 60% of the total staff
complement that are employed in the operations of the business are citizens or
permanent residents employed permanently in various positions. In addition at
any time during the duration of the visa, the holder of a corporate visa must
provide proof that at least 60% of the total staff complement that are employed
in the operations of the business are citizens or permanent residents employed
permanently in various positions . The corporate has to demonstrate to Department
of Labour and Trade and Industry of the 60% local staff component’s.
Get a
FREE professional quote for your pre-approved Work Visas now!!
When the
Corporate visa has been approved by Home Affairs, the individual employees may
obtain work permits in a quick and cost-saving procedure as the positions are
pre approved . Your company can with confidence look toSA Migration to compile
and submit all the required documentation and to make sure that the individual
work permits are issued successfully in a short period of time.
A
Corporate visa may be
issued to a Corporate applicant after consultation between the Departments of
Home Affairs, Labour and that of Trade and Industry. The said consultation is
designed to determine the maximum number of foreigners which may be employed in
that industry.
Note the
department has made it a lot more difficult for the Corporate Visa to be issued
in that they now require financial guarantees of R30,000 per corporate employee
to be posted by the Corporate and paid to Home Affairs.
When
offering Corporate Visa service advice, SA Migration provides a
no nonsense, no jargon approach. Our dedicated consultants will explain every
step of each application while ensuring all documentation is processed in the
most efficient, cost effective manner.
It is
also important to note that a SA Migration consultant will be processing
the entire application. These consultants are qualified to handle cases and
personnel on international secondments, localizing staff and obtaining
citizenship(s), overseas recruitment s or simply business visitor visas.
SA
Migration
corporate services offers the benefits of our unique management systems
providing your organization with immediate access to the latest international
immigration support, as well as the latest updates to immigration law.
Our
online systems and consultants offer an online and face-to-face reporting
capability, allowing key professionals dealing with international mobility and
their respective companies to plan effectively and budget accordingly. We also
provide monitoring of the immigration status of staff and the respective
expiry dates of passports, permits and any other immigration status. In short,
we are a tried and tested outsourced solution for all your immigration and visa
requirements. SA Migration offers a flat fee structure to all of our
corporate visa service clients and partners. There are no hidden costs for
further documentation or ongoing policy advice. We supply all of our corporate
visa services in-house and we do not bill on an hourly or time basis. This can
translate as a tremendous saving for companies who recognize the importance of
immigration for their staff and it will also prevent any overstayers or staff
becoming illegal.
As
organizations worldwide face larger fines for non-compliance with immigration
legislation, SA Migration offers a neutral outsourced solution.
This is
particularly useful when explaining to senior management they cannot employ
foreign nationals at will and also allows larger organizations to monitor the
movement of overseas employees as often local managers can overlook the
importance of following the correct process.
We remove
all the paperwork and maintain tight controls easing the process. We have a
highly trained team of migration specialists to assist you in every aspect of
the immigration process.
The
Corporate visais differs from the general work permit in that each person /
applicant is assessed on a case by case basis and granted at the discretion of
the department whereas the corporate visa is approved for a specific number of
positions for a fixed period of 5 years and therefore is both predictable and
facilitates planning by your company and ensures continuity of the business.
The
introduction of a corporate permit, which will allow a corporate applicant to
employ a predetermined number of skilled /semi-skilled / unskilled workforce
will assist not only the mines and farmers, but also companies who require more
than one skilled foreigner. These permits are generally issued for 3 years.
How can
we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our
website : www.samigration.com
A business visa may be issued by
the Department of Home Affairs to a foreigner intending to establish or invest
in a business in South Africa in which he or she may be employed, and to
members of such foreigners’ immediate family providing that certain
requirements have been met.
The Act calls for investment of
R5,0 million in a business and you need to make sure you employ 60% South
African citizens or permanent residents to get both a temporary and
permanent business visa, you can get these visas with less capital
investment – sometimes for as low as R600,000 investment using our
expert team at SA Migration.
Many businesses do not require a
capital investment as large as R5 million and in certain cases, you are allowed
to reduce this amount and commit to a smaller investment if your business falls
within the certain industries. The following businesses to be in the national
interest, and therefore qualifying for reduction or waiver of the capitalisation
requirements as determined to be in the national interest in relation to a
Business Visa: Many of these business owners do not have the required
investment amounts. If this is the case and the business falls in line with one
of the following industries, a capital waiver can be requested. This would mean
a reduction in the required investment amount.
The industries are:
(a) Agro-processing
Fisheries and aquaculture i.e. freshwater
aquaculture and marine culture
Food processing in the milling and baking
industries
Beverages viz. fruit juices and the local
beneficiation, packaging and export of indigenous teas
High value natural fibres viz., organic cotton
and downstream mohair production
High value organic food for the local and
export market
Biofuels production viz. bioethanol and biogas
oils: tea extracts, including buchu,
honeybush: and other oil derivatives (avocado, amarula etc.)
Diversification / beneficiation of biomass
sources i.e. sugar, maize
(b) Business Process Outsourcing
and IT Enabled Services
Call centers
Back Office Processing
Shared Corporate Services
Enterprise solutions e.g. fleet management and
asset management
Legal process outsourcing
(c) Capital / Transport
equipment, metals and electrical machinery and apparatus
Basic iron and steel
Basic precious and non-ferrous metals
Casting of metals
Other fabricated metal products: metalwork
service activities
General purpose machinery
Tooling manufacturing
Foundries
White goods and associated components
Electric motors, generators and transformers
Electricity distribution and control apparatus
Insulated wire and cable
Accumulators, primary cells and primary
batteries
(d) Electro Technical
Advanced telecommunications
Software development
Software and mobile applications
Smart metering
Embedded software
Radio frequency identifications
Digital TV and Set Top Boxes due to migration
to full digital television
Process control, measurement and
instrumentation
Security and monitoring solutions
Financial software
Manufacturing sensors
(e) Textile, Clothing and Leather
Spinning, weaving and finishing of textiles
Knitted and crocheted fabrics and articles
Wearing apparel except fur apparel
Dressing and dying of fur
Leather skins and hides beneficiation
(f) Consumer goods
White goods and associated components
(g) Boatbuilding
Boatbuilding and associated services industry
Engines and engine systems
Marine equipment and accessories
(h) Pulp, paper and Furniture
Manufacture of paper products: publishing,
printing and reproduction
Manufacture of articles of straw and plaiting
materials
Paper and paper products and furniture
Manufacture of wood and products of wood and
cork
(i) Automotives and Components
engines, radiators, filters and components
thereof
air conditioners / climate control systems
alarms and Tracking devices
axles, transmission shafts
body parts and panels
catalytic converters, silencers and exhaust
systems and components
seats and parts thereof, seatbelts, leather
covers
suspension and shock absorbers, springs and
parts thereof
steering wheels, columns and boxes
ignition, starting equipment, gauges and
instrument parts
(J) Green Economy Industries
(jj) Power generation:
Nuclear Build Programmer i.e. joint ventures,
consortiums and the establishment of new companies to grow South Africa’s
nuclear manufacturing capability and nuclear supply industry to supply
into the nuclear build programme
Independent power generation, energy
infrastructure and alternative energy
(jjj) Renewable Energy:
Onshore wind power – manufacture of
turbines/blades
Solar PV and Concentrated Solar Power
manufacture/assembly
Biomass
Small hydro
Lowering greenhouse gas emissions from
landfill sites
Energy efficiency and energy saving industries
Solar water heaters
Waste Management and Recycling
Reducing landfill
(k) Advanced Manufacturing
Nano-materials
High performance materials based on natural
resources (advanced bio-composites
Advanced materials, polymers and composites
Medical devices, diagnostics and composites
Space e.g. satellite manufacturers etc. and
astronomy e.g. SKA, telescopes, dishes etc.
Composites (intelligent textiles used in
medical, building and construction industries)
Continuous fibre reinforced thermoform
composites
Biochemical and biologics for applications in
agriculture, industry and health/medical sectors
Electricity demand Site Management Solutions
to improve electricity efficiency usage
Lasers and laser-based additive manufacturing
various applications
Advanced Robotics Mobile Intelligent
Autonomous Systems
Applications in the mining industry, data
collection and analysis
Bio – manufacturing – Biochemical and
biologics for applications in agriculture, industry and health/medical.
Fuel cells and Technology
(l) Tourism infrastructure
Accommodation – hotels, boutique hotels,
lodges and resorts
urban integrated tourism/ entertainment
precincts
adventure, – eco-, sport-, conference- and
cultural tourism
infrastructure developments
leisure complexes and world class golf courses
harbour and waterfront developments
trans frontier conservations areas
Tourism transport – aviation, rail, cruise
liners etc.
green building and green technologies for
tourism
attractions and activity – based tourism.
museums and heritage
(m) Chemicals, plastic
fabrication and pharmaceuticals
basic chemicals
water treatment chemical products
man-made fibres
plastic products: polypropylene and
polyvinculchloride
medical (drips and syringes), manufacture of
active pharmaceutical ingredient
(APIs) for key anti-retrovirals (ARVs)
Manufacture of reagents for AIDS/HIV
diagnostics
Production of vaccines and biological
medicines
(n) Creative and Design Industry
Film studios, treaty film co-production
ventures, distribution infrastructure
Servicing of foreign productions
Production of film and documentaries,
commercials, stills photography and
Multi-media
Post-production
Design
Jewellery manufacturing and design
Fashion design
(o) Oil and Gas
Maintenance ship and rig repair
Fabrication – equipment and specialised
components
Exploration – onshore coal bed methane and
underground coal gasification
Infrastructure – refineries (Oil and GTL)
Infrastructure – terminals LPG/LNG import,
storage and distribution
Infrastructure – ports and associated
infrastructure
Infrastructure – storage
Logistics – pipeline
(p) Mineral beneficiation
Downstream processing and value addition
(q) Infrastructure Development
(r) ICT
Geoamatics and Digital media
Wireless and Telecom
Electronics
IT
Software Development
Advanced programming
List of undesirable Business in
South Africa;
Businesses that import second hand motor
vehicles into the Republic of South Africa for the purpose of exporting to
other markets outside the Republic of South Africa
The exotic entertainment industry
Security Industry
Our team of professionals at SA
Migration International will assist you and help you to obtain your business
visa for you.
South Africa is going through a very exciting
stage at the moment and there is lots of opportunity to be involved in this
emerging economy and the government welcomes anyone wishing to invest and
create employment. Especially for small business owners, the markets are
extremely lucrative and the government welcomes anyone who wants to invest.
How can we help you , please email us to
info@samigration.com whatsapp me on:
+27 82 373 8415,
where are you now? check our website : www.samigration.com
South Africa seeks highly skilled
individuals to live and work in SA.
SA Migration Services will
provide professional assistance to arrange your work visa for you if you
qualify.
Work Visas are regulated in terms
of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of
Schedule A.
There are three common types of
Work Visas:
General Work Visa
Inter Company Transfer Visa
Critical Skills Visa
General Work Visa
Under the General Work Visa
there are very strict requirements. The South African government, although
trying to promote work and trade in South Africa, recognize the need to give South
Africans the chance to obtain employment ahead of any foreigner.
You will have to prove that you
are the only person who can fill that position and that no other South African
can play that role. This is done by placing an advert in a national newspaper
advertising the position.
A Department of Labour report
would need to be obtained.
You will also need to have a job
offer/contract from your future employer.
The most important part of the
process is skills assessment by SAQA (South African Qualifications Authority)
in SA which evaluates your formal qualifications and compares them to a SA
qualification. This process is mandatory and for this we would need your
academic transcripts and award diplomas. Note under the regulations provision
is made for the recognition of work experience in the absence of formal
qualifications and this therefore makes provision recognition of prior work
experience (RPL).
This is a paper based system
which merely compares the foreign qualifications and arrives at an equivalent
qualification in SA, and if qualified in SA then no SAQA needed.
Next your employer has to prove
that you are the only person that can fill the position and no other South
African can fill that role. This is done by placing an advert in a national
newspaper advertising the position.
Please note the work Visa is
issued in the name of the employer so the person is tied to the employer. If
they change the job they will require a new work Visa.
There is some good news for
people who are qualified through work experience only and they can qualify if
they don’t require formal qualifications, ie SAQA.
Inter Company Transfer Visa
An intra-company transfer work
Visa may be issued by the Department to a foreigner who is employed abroad
by a business operating in the Republic in a branch, subsidiary or affiliate
relationship and who by reason of his or her employment is required to conduct
work in the Republic.
An important factor is that the
applicant has to have been employed with the company abroad for a period of not
less than 6 months.
The Intra company transfer is not
designed to be a long term visa. The idea is to bring in foreign workers
employed by the company abroad with a branch or subsidiary branch here in South
Africa; they work or conduct training for four years, and then return home.
This Visa does not require the
hassle of proving the company could not find suitable applicants and it does
not require the hassle of verifying an applicant’s formal qualifications. It is
based purely on employment. If you are a company that needs to transfer in
foreign employers, please contact us and we will make this go as smoothly as
possible.
It is important to note that this
category of work Visa cannot be granted for more than four (4) years and this
type of Visa is not extendable.
Critical Skills Work Visa
The Critical Skills Visa South
Africa is for skilled workers whose occupation is on the Critical Skills Visa
List for South Africa. This list reflects the occupations that are in demand in
South Africa.
The newly published “Skills
or qualifications determined to be critical for the Republic of South Africa in
relation to an application for a Critical Skills Visa or Permanent Residence
Visa”
This category of work visa may be
issued to an applicant who falls within a specific professional category or
specific occupational class determined by the Minister by notice in the
Government Gazette. This is done after consultation with the Minister of Labour
and the Minister of Trade and Industry.
If an applicant falls within one
of the professional categories listed on the critical skills list and also has
the appropriate post qualification working experience in that profession then
such applicant may qualify to apply for this category of work Visa.
The applicant also needs to where
applicable register with the relevant South African professional accreditation
body regulating that industry as stipulated by Minister of Home Affairs. Such
body must also confirm the applicant’s skills, qualifications and working
experience.
Furthermore, such applicant’s
qualifications need to be evaluated relevant to a South African level. An
applicant for a Critical Skills Visa may enter South Africa on such visa
without having secured a job offer first. It is, however, required of the applicant
to confirm employment with the Department of Home Affairs within a period of
one (1) year upon arrival in South Africa, failing which, the Visa would
automatically lapse.
The Critical Skills Work Visa is
tied to an individual and not to an employer so under this Visa a person can
leave from one employer to the next without obtaining a new work Visa.
How can we help you , please email us to
info@samigration.com whatsapp me on:
+27 82 373 8415,
where are you now? check our website : www.samigration.com
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.
How can we help you , please email us to
info@samigration.com whatsapp me on:
+27 82 373 8415,
where are you now? check our website : www.samigration.com
Cyber Security Shadow Minister James Paterson says he is “very
concerned” the government has “effectively abolished the Department of Home
Affairs”.
“It is not the Department of Home Affairs as it was,” he told Sky News
host Sharri Markson.
He said he fears the government’s decision to overhaul the department –
including removing the Australian Federal Police (AFP) – will compromise the
safety of Australians.
“The Home Affairs Department was a very innovative reform by the then
Turnbull government.
“It has prevented mass casualty terrorist attacks. It has successfully
tackled foreign interference and espionage. It has protected us in the cyber
realm.
“And all of that is being dismantled and undermined.”
Labor’s Dismantling of Home Affairs Undermines Australians’ Safety:
Cyber Security Shadow Minister
Epoch Times – 06 June 2022
Shadow Minister James Paterson
has raised concerns about the Labor government’s move to “dismantle” the
Department of Home Affairs, warning that it could come at the expense of
Australians’ safety.
The comment comes after the Anthony Albanese led government released its
first Administrative Arrangements Order
(AAO) which announced a downsize of the Home Affairs department, four years
since its inception in 2017.
Under the AAO, the Home Affairs department, which was established to
manage immigration and national security, will lose several functions,
including the Australian Federal Police (AFP), criminal justice and protective
services. Those responsibilities will instead be transferred to
attorney-general Mark Dreyfus.
Meanwhile, Home Affairs will retain control of the domestic intelligence
agency ASIO and national security functions. Responsibility for natural
disaster management, including the National Recovery and Resilience Agency,
will be added to Home Affairs, which is now chaired by former aged care
minister Clare O’Neil.
Paterson criticised Labor for “effectively abolishing” the home affairs
without informing Australians about the move prior to the election or providing
any public justification since the changes were made.
“It is not the Department of Home Affairs as it was,” he told Sky News on Monday.
“My fear is it’ll in fact won’t make Australians safer. It’ll make us
less safe.”
The Liberal senator described home affairs as a “very innovative reform”
by the then Malcolm Turnbull government which has protected Australians from
mass casualty terrorist attacks, foreign interference and espionage, and
strengthen Australia’s cyber security.
“And all of that is being dismantled and undermined,” Paterson added.
He also alleged that the overhaul of the home affairs is a “grab of
power” by Attorney General Dreyfus who has opposed the creation of the
department.
In 2017, Dreyfus and some other politicians including then-foreign
minister Julie Bishop and then-defence minister Marise Payne were against the
decision to bring together all security agencies and law enforcement bodies
under Home Affairs.
But Paterson argued “that was the right thing to do” as it allows
national security agencies to “work together in a seamless way.”
According to its AAO, the Albanese government will also create a new
Department of Climate Change, Energy, the Environment and Water to oversee air
quality and resources—functions that were previously merged into the
agriculture and industry portfolios.
A new Department of Employment and Workplace Relations will also be
established to reduce the Department of Education’s responsibilities to early
childhood education, schools and higher education issues.
n April 2022, Home Affairs Minister announced at a press conference that
the Department of Home Affairs will be bolstering its immigration inspectorate
to investigate companies employing foreign nationals without the correct
documentation.
CNCBAfrica reported that
Minister Home Affairs said the Department will spend R18 million over the
next three years to recruit immigration inspectors to conduct raids on
companies to ensure they are complying with legislation. The Department will
look at a number of different sectors across South Africa’s economy, ranging
from retail and construction to agriculture and hospitality.
This has been the second big announcement from the Department of Home
Affairs this year regarding the employment of illegal immigrants. Back in February the Department made their
decision to slap prison terms on employers of undocumented migrants known. At
the time, Minister Home Affairs ’s spokesperson, , said that this will apply to
all offenders, whether it’s the owner of a business or the head of a domestic
household.
Why the sudden crackdown?
The truth is that the Department’s decisions are not out of the blue.
Finding work in South Africa as a foreign national already became a lot tougher
with the changes in immigration regulations in 2014.
The main motivation behind the changes was protecting the South African
workforce. It is common knowledge that South
Africa’s unemployment rate is at an all-time high.
That’s not to say the foreign worker isn’t protected. The Department of
Home Affairs also put a number of measures in place to help ensure that foreign
workers are treated fairly and equal to their South African counterparts.
Your responsibilities as a South African employer
To comply with South African immigration legislations, you have two main
responsibilities as an employer:
Do not employ illegal foreigners.
Do not employ a foreigner in any position or
allow a foreigner to perform a work function not allowed by his or her
visa or permit.
In practice this means ascertaining the status or citizenship of
employees. In the case of temporary and permanent citizens, but especially
those on temporary visas, it will require asking for the visa or permit, and
knowing what the documentation in front of you means.
In short, you could come across six different types of work visas and
each allows for a different type of employment, while carrying a unique set of
responsibilities for the employer. If you are unfamiliar with these, have a look at the explanations in our corporate visa
section.
The repercussions of not complying with the Immigration Act
If it is found that you are employing illegal foreigners or employing
foreigners outside of the allowances of their visa or permit, you could face a
prison sentence, as mentioned, or a hefty fine. The fines have been noted in
the Immigration Act and range from R7 000 to a possible R50 000 per person,
depending on the contravention. Taking into consideration the attitude of the
Department of Home Affairs, you can be certain that fines will be enforced and
they will be harsh.
Contact Sa Migration Immigration to help you comply
The Immigration Act is far from simple, so let Sa Migration
Immigration help you ensure that you comply with its regulations and
requirements.
Our corporate immigration specialists work with South African companies
and foreign nationals on a daily basis, so we are the best source of
information and know-how.
To get in touch with us you can either call us on 082 373
8415 or email us at info@samigration.com
The raids at two Spar outlets and a large Meat World butchery followed
an anonymous tip-off about ‘unscrupulous employers’ breaking the law.
Police officers during a raid at the Elarduspark
Spar in Pretoria, where they, along with the department of employment and labour,
Sars and several other government departments, conducted a joint operation to
investigate noncompliance of several laws.
A Spar supermarket was forced to close, 11 undocumented migrant workers
were arrested and three employers were issued with fines in Pretoria yesterday
when government inspectors swooped on companies found to be in contravention of
various South African laws.
There were heightened tensions when inspectors from the department of
employment and labour (DL), in partnership with the South African Police
Service, the South Africa Revenue Service, Tshwane municipal health and fire
department inspectors, the National Regulator for Compulsory Specifications,
the departments of home affairs and agriculture, pounced on stores at
Elarduspark and Mooikloof – run by what they regarded as “unscrupulous
employers”.
According to DL spokesperson Mishack Magakwe, the raids at two Spar
outlets and a large Meat World butchery followed an anonymous tip-off, that
employers failed to comply with labour, immigration, health and safety
regulations.
South African Police Service members along with multiple other
departments raided the Elardus Park Spar and Meat World after receiving a tip
off of their non compliance with health and safety regulations among other
issues, 02 June 2022, Pretoria.
Heavily armed police, backed up the inspectors, entered the Spar and
Meat World in Elarduspark, as well as in Mooikloof, and it was found that
employers failed to:
Pay employees a minimum wage, stipulated under
the Basic Conditions of Employment Act;
Comply with labour laws by paying for
overtime;
Register employees for the Unemployment
Insurance Fund (UIF);
Ensure that foreign migrants had proper work
permits;
Register employees under the Compensation of
Injuries and Diseases Act – making employers liable for a fine; and
Provide payslips for employees.
Magakwe said the closed Elarduspark Spar was slapped with a 60-day
notice to comply with the Occupational Health and Safety Act and the Basic
Conditions of Employment Act.
“At Meat World, department of agriculture inspectors found that
employees were not supplied with the required protective clothing and
equipment.
South African Police Service members along with multiple other
departments raided the Elardus Park Spar and Meat World after receiving a tip
off of their non compliance with health and safety regulations among other
issues, 02 June 2022, Pretoria.
“They also found dry wors which was not good for human consumption due
to a bad smell.
“Notices were handed to employers in connection with all the
transgressions and failure to comply will lead to prosecution,” said Magakwe.
He said at the Mooikloof Spar, employees worked excessively beyond the
45-hour week without overtime being paid.
“If you are sick and produce a doctor’s note, you are turned away to
stay at home for a week without being paid,” said Magakwe.
“Through these swoops, the message we are driving is that we have
adopted zero tolerance when it comes to legal compliance by employers.
“Workers’ rights are human rights and our doors are open to both
employers and employees for advice.
“People can also call us and report issues anonymously without
disclosing their names.
“We have found instances where pregnant women cannot claim any benefit
because employers have not registered them for the UIF.”
Employees found to have been undocumented migrants were detained at the
Brooklyn police station and are to be handed over to the Lindela Repatriation
Centre.
“But before the arrests, we forced employers to pay them a full salary
due to them,” Magakwe said.
South African Police Service members along with multiple other
departments raided the Elardus Park Spar and Meat World after receiving a tip
off of their non compliance with health and safety regulations among other
issues
The Department of Employment and Labour, in conjunction with Home
Affairs Immigration Officers, and the Hawks, on Wednesday raided two factories
in Johannesburg, which were suspected of flouting labour laws.
According to the Department Employment and Labour, the owners who mostly
are Chinese, were suspected, among others, of flouting labour laws and
employing foreign nationals who do not have work permits.
During the raids, the Immigration Officers verified the status of the
employees, while the Department of Labour Inspectors conducted workplace
inspection, checking compliance with labour laws.
In both factories raided, the authorities were shocked to discover the
appalling conditions which the employees were working under.
According to the workers interviewed by the authorities, they worked
long hours and once they were inside the factory, they were not allowed to go
outside and they were not allowed to take leave.
Some of the workers told the authorities that they are paid R1 600 a
month.
They also told the authorities that were paid R1 for every pillow they
produced.
During the raid at the second factory which manufactures blankets, it
was found that factory owners had employed foreign nationals who do not have
work permits and did not have valid passports.
It was also discovered that the employees were paid below the minimum
wage stipulated by the Department of Labour.
The employees were working under horrible conditions and the factory did
not comply with safety standards, among other things.
Department of Employment and Labour Inspector-General Aggy Moiloa told SAnews
that since the raid is being conducted jointly with Home Affairs, those found
to be in the country illegally will be detained and sent back to their
countries of origin.
Most of the employees at the factory are from Malawi.
“We got a tip-off from the Hawks about the factories that are flouting
labour laws and we immediately arranged to raid these factories,” Moiloa said.
Moiloa told SAnews that they are still going to conduct
other raids in the factories that are suspected to be flouting labour laws.
The owners of the two factories were issued with fines and they are
expected to appear in court soon.
In the second factory that was raided, officials found that Occupational
Health and Safety laws were completely disregarded; the employees were working
long hours in dangerous conditions.
The authorities had issued the second factory a fine and closed it down.
Department of Employment and Labour Inspectors are appointed in terms of
section 63 (1) of the Basic Conditions of Employment Act, 75 of 1997, as
amended to monitor and enforce labour laws.
The inspectors visit workplaces from time to time to check the level of
compliance with labour legislation. – SAnews.gov.za
Unannounced immigration inspections conducted in Cape Town
03 June 2022
Sa Migration recently sent out a news
alert. The purpose of the alert? To share the news that The
Department of Home Affairs carried out immigration raids on businesses in Cape Town,
on Wednesday, 9 May, in search of employers who are violating immigration laws.
What happened?
According to Sa Migration , 25 foreign workers were arrested and a
restaurant manager who employed foreigners illegally will be charged with
violating the South African Immigration Act.
How did the Department of Home Affairs (DHA) know about these violations
happening?
The DHA confirmed to Sa Migration that the raids took place
in response to complaints received from members of the public regarding
suspected illegal working. The DHA also said it expects more arrests to follow
as the investigation continues.
The moral of the story
The DHA’s promise to pay random, unannounced visits to businesses are
not idle threats. The Department could visit your office or worksite at any
time and you’ll be found in contravention of South Africa’s Immigration Act if
the DHA find that you are illegally employing
foreign workers.
Instead of being caught off-guard, ensure that your foreign employees hold valid visas at all times. Also, that you
only employ foreigners with valid and
correct visas.
If you need help determining whether your foreign workers are employed
legally, you can ask us for a free employee audit. Our team will come to you,
do the audit and then report back plus advise on any necessary steps to take.
Getting an audit done demands no effort or risk from your side. However,
you do risk jail time or hefty fines if you don’t know the legal status of your
employees.
Prefer the former over the latter? Then call us today on +27 (0)
82 373 8415 and ascertain the legal status of your foreign employees.
President Cyril Ramaphosa has rebuked those who
promote xenophobia in South Africa.
In his Africa Day speech, he said Africans
were not the enemies of South Africans.
Ramaphosa called for dialogues to end
xenophobia and intolerance.
“Our brothers and sisters from elsewhere in Africa are not our
enemies.”
So said President Cyril Ramaphosa on Africa Day, adding the country’s
enemies were poverty, crime, unemployment and social exclusion.
Ramaphosa also called for unity and tolerance in Africa.
The continent celebrated Africa Day on Wednesday.
He said the commitment to progressive internationalism meant South
Africa would continue to play its part in enabling the continent to meet its
aspirations.
Ramaphosa described the day as an occasion to reflect on collective
responsibility to further the cause of unity among the continent’s
nations.
Africa Day commemorates the founding in 1963 of the Organisation of
African Unity, the forerunner to the African Union (AU).
Ramaphosa called on community and civil society groups, supported by the
SA Human Rights Commission, to initiate dialogue and programmes that brought
communities together and fostered tolerance.
Xenophobia
“We need to work together to defeat them and not turn on each other
as Africans,” the president said.
He added tensions between
South Africans and nationals from other African countries were troubling,
saying the divisions fomented by successive colonial and apartheid
administrations had not yet been fully eradicated.
“As we address the critical issue of illegal immigration, as is our
right as a sovereign nation, let us never become like the former oppressors,
who sought to divide the African people and turn us against each other.
Africa Day was an opportunity for South Africans to
learn more about the role of other African countries in our freedom struggle.
Travelling across the continent, one sees streets and monuments dedicated to
South Africa’s liberation movement leaders.
“Even today, student movements and civic groups in some African
countries commemorate events like the Soweto uprising. We will never forget
this solidarity, or the cost of it, particularly for our neighbours in the SADC
region.
“South Africa must never be seen as a place of intolerance. This is
not just an insult to the people of the continent who supported us and gave
refuge to our leaders, but also a betrayal of our constitutional values,”
Ramaphosa said.
“For us as South Africans, this day assumes the same significance
as all the national days we observe in a democratic South Africa. Our freedom
would not have been possible without the support and moral courage of the
people of Africa and their leaders.”
He added the cause of African unity had been given a new momentum over
the past two years as the AU drove a unified and coordinated response to the
Covid-19 pandemic.
“It should be a source of pride that our term as AU Chair in 2020
saw the rollout of ground-breaking initiatives like the first ever African
Medical Supplies Platform, the appointment of special envoys that mobilised
resources to enable the continent to fund its pandemic response, and the
establishment of an African Vaccine Acquisition Task Team.
“Advancing the African Agenda was a fundamental tenet of South
Africa’s foreign policy.
“South Africa’s socio-economic development, stability and progress
cannot be assured without a peaceful, integrated, prosperous continent.
“We will continue to contribute to this effort, whether it is
through peacekeeping operations, through our role as AU Champion for Covid-19
response, or through supporting development projects through our African
Renaissance Fund.”
Ramaphosa said South Africa would participate in two crucial AU summits
in Equatorial Guinea later this week.
The summits will address terrorism, unconstitutional changes of
government, and humanitarian assistance.
He added once fully operational, the African Continental Free Trade Area
would enable local businesses to produce and sell goods and services to a
market of almost 1.3 billion people across the continent.
“As a country, we are banking on increased intra-African trade as a
key enabler of economic growth and job creation,” Ramaphosa said.
Following our story ‘Queue, the beloved country’, we asked our readers
for their views on the crisis at Home Affairs. Here are some of the responses.
We requested feedback on the Daily Maverick website, asking
readers to share their experience of service at Home Affairs. Their stories are
dispiriting, to say the least.
We were robbed in the queue
I had a terrible experience at Home Affairs in Klerksdorp. My
granddaughter and I went to apply for her passport and my ID card, and while
standing in line outside I saw that a number of youngsters with expensive
Adidas and Nike T-shirts and windcheaters on were also standing in line.
I was sure they were there to rob people of their possessions so I told
my granddaughter to watch out for them, but in the meantime somebody phoned me.
I told my granddaughter to answer and I would keep an eye on things. But
they were so fast – they grabbed the phone out of her hand and ran away. I ran
after him and that’s when three other guys tackled me and tried to steal my
wallet out of my jeans.
I am 77 years old but luckily fit, so they came away with a few bruises
and without a wallet. It is amazing that SAPS is not on-site. One does not
report these incidents because it’s even more dangerous around the police
station than anywhere else in Klerksdorp.
Thank you for the opportunity to let you know how bad the situation is.
I don’t think it will change in the near future. Luis Dias
No will to serve the public
Staff at Home Affairs are unhelpful, arrogant and inefficient owing to
the “agents” who offer substantial money to acquire your documents in a back
office. If the staff provide the service they are paid to give you, there is no
“bonus” from the agents.
There is just no will to serve the public. Bruce Thomas
Kind lady in charge helped us
In 2018, it was a good day – only about two hours to queue with our
granddaughter for her passport.
In 2019, we took our grandson. Arrived at 8am and half an hour later we
were told the system was offline but we could wait and see.
At 1pm, the kind lady in charge came to us and she helped us and it was all
dealt with on her own computer. This was Park Rynie South Coast. Valerie
Williams
Problem for South African citizens overseas
I would like to point out that this chaos and inefficiency affects South
African citizens overseas as well. We are a family of South Africans living in
Florida in the US, as my husband is working here.
Fifteen months ago, we applied for my son’s new passport. We are still
waiting.
His previous passport expired in August 2021, leaving him without valid
identification. As a South African citizen living in a foreign country, a valid
passport is essential. Without it he can’t apply for a driver’s licence, for
college study or for financial assistance.
Soon, we will need to apply for a visa extension to remain in the US,
which he cannot do without a valid passport. So he is at risk of overstaying
his visa, and becoming illegal in the US.
I have made hundreds of calls to the consulate in Washington DC to get a
status update. I have only managed to get through a handful of times.
I was told that they would email Home Affairs and get back to me. No
update/response has ever been forthcoming.
We finally discovered in February 2022 that the application had been
rejected and we needed to reapply. We have reapplied, but are desperately
waiting, with no idea when this can be resolved. Moira Dewil
Monumental task takes a team effort
I am 72 and stood in a queue at Pietermaritzburg Home Affairs, where the
line went way out into the street, and after 2.30pm, the staff were still on
their lunch break. Extended lunch break?
So I had to find an alternative. I arrived at the New Hanover Home
Affairs offices, 38km from my home, at 7am on a hot December day. I waited
endlessly, wondering why the queue was not moving.
After a long wait, a group was invited into the hall. Just two ladies
were present to handle everything.
The efficiency of the ladies was obvious. There was a real team effort
in the monumental task for the large number of people.
Then came an electric storm as the loading was being done. All data was
lost and I was asked to return the next day. All had to be repeated the next
morning.
A notification for collection of my passport was to follow within two
weeks. It didn’t arrive. I was due to fly out on Monday, so on the Friday
preceding, I made the third trip.
On arrival at 9am at the Home Affairs building, the guard told me to
come back on Monday, as the offices were closed.
My leg was in a brace, which he noticed. I told him my plight and he
proceeded to help – he went into the office and I followed, seeking help. The
kind lady tried phoning her supervisor in Pretoria for authorisation of a
manual issue, to no avail. Eventually, when a copy of my visa was available, my
passport was issued.
Home Affairs closed on a weekday early in the morning? It was a
disruption of an essential service! Mariam Cassimjee
I have given up trying
I have lived in South Africa for almost 50 years but was born in the UK.
I have been a South African citizen for 40 years and have an ID book that is so
old and tattered it’s a joke. I have tried several times to renew it at Home
Affairs and the queues have been so long that I have given up.
I am 80 years old and can’t stand all day waiting my turn. I was excited
a few years ago when they permitted the banks to perform the renewals of IDs,
but when I tried I discovered that only persons born in South Africa can use
this method. Surely after 50 years in South Africa and as a citizen, I should
be able to renew without the inconvenience of queuing for hours on end? Antony
Wonfor
Long wait for collection
After my fourth attempt, with an appointment booked, I finally got my
applications done. My question is: what happens to these applications once you
have paid?
All you are told is that you will be sent a message when it’s ready for
collection. As far as I can ascertain, your wait for collection is as long as
doing the applications. I would be happy to hear via DM168 if they ever
clear the backlog and how the system is organised with incoming applications.
We so enjoy DM168, with its topical subjects, and we like the new
format. We’re senior citizens, 84 years young. Harvey and Myra Havenga
As a nurse, I was horrified by the suffering I saw
My daughter needed to get an ID for matric. As the ID card is more convenient,
we attempted to get this three times from Pietermaritzburg. This was a huge
performance. I had to take leave and stand in the never-moving queue for entire
days.
We ultimately had to settle for the ID book, which we did in Howick.
This took about three weeks, but at least we had it before the June exams. (By
this point we had visited Home Affairs six times.)
The same with a passport: it took five visits, with us not even getting
in the door. As our home town of Howick cannot do passports, we had to travel
to Pietermaritzburg and even tried other locations such as New Hanover, which
we also visited three times on three days with no success.
The sites are terrible. None has public toilets and people are forced to
urinate in public or use facilities at local restaurants.
No seating is available, so one either brings a camp chair, or you stand
for up to 12 hours. As a nurse, I was horrified by the suffering I saw,
including one lady with a newborn in arms. She said she could lose her job as
she had to register the baby but could not keep missing work to do this. An old
lady in a wheelchair, frail and exhausted. People on crutches, young and old,
rich and poor. Essentially, it is a great leveller.
After five useless visits, we finally paid a “contact” to stand in the
queue for us. These ladies start queuing for others at 3am so that we can be
third, fourth or fifth in the queue at 7am. If the “system is online” and we
have no power failures and a million other ands, you are able to get in the
door.
What can make it better? As the application can be completed online, why
can’t a booking be made for the completion of the application? Why are there
not more banks made available for this? Manage the queues: there should be
different lines for births, deaths and passports outside already. The aged and
the frail should be given preference, as well as those with infants.
Basic facilities should be provided – toilets, seating, shade and
safety.
The “online/offline” situation should be addressed urgently! How is this
such a disastrous situation?
Generators or back-up power should be available for the constant
interruption of power, or facilities like these should be exempt from cuts
Our dynamic team of immigration consultants provide specialist advice on
temporary residence visas, permanent residence permits, appeals on rejected
applications, undesirable declaration waivers, V-listing and legal immigration
services.
Get in touch with us if you’d like a professional yet personal experience
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How can we help you , please email us to info@samigration.com
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South Africa is the destination of choice for many people
from the continent and the world. As a result of this the country’s ports
receive millions of travellers annually entering for various reasons. However,
on occasion a traveller is refused entry having been deemed ineligible for
entry into the Republic for one or more reasons. Often persons who find
themselves in this position are summarily sent back to their country of
embarkation without being informed of their rights if any under our law and how
to exercise these rights. In this week’s piece we will explore what the
Immigration Act provides for persons in this position as well as what our
courts have concluded in cases involving persons who have been refused entry.
Section 8(1) of the Immigration Act regulates what
happens to a person who has been refused entry at a port of entry. Section 8(1)
provides “An immigration officer who refuses entry to any person or finds any
person to be an illegal foreigner shall inform that person on the prescribed
form that he or she may in writing request the Minister to review that decision
and-
1. a) If he or she arrived by means of a conveyance
which is on point of departing and is not call at any other port of entry in
the Republic, that request shall without delay be submitted to the minister; or
2. b) in any other case than the one provided for
in paragraph (a), that request shall be submitted to the minister within three
days after that decision.
Two key rights are expressed in this section, the
first one is the right to be notified of the reasons for being denied entry and
secondly the right to make an appeal to the Minister to review the decision.
The Act also makes provision for a time frame of when the appeal should be made
in these two instances when entry has been refused. The first arises when the
conveyance is set to depart and will not call upon another port of entry in
which case that appeal must be made immediately. The second instance is when
conveyance is not at the point of departing, in which case the appeal must be
made within three days from the act of being refused entry.
In section 8(2) the Immigration Act goes on to
provide that if any person is refused entry or found to be an illegal foreigner
as contemplated above, who has requested a review of such decision but is on a conveyance
that is set to depart as contemplated in section 8(1)(a) shall depart on that
conveyance and shall await the outcome of the review outside the republic. In a
case arising under section 8(1)(b) , where the conveyance is not at the point
of departure and the person has lodged an appeal with Minster the Act provides
that this person Shall not be removed from the republic before the Minister has
confirmed the relevant decision. Here is where the problems tend to begin,
firstly most are not informed of their rights as required by the Act but where
they are informed there seems to be a concerted effort by the Immigration
officials to secure the immediate removal of the person notwithstanding the
protections afforded to the person.
The right to review and to reasons are hallmarks of
our administrative law and are enshrined in the section 33 of the Constitution
which vests everyone who is at the receiving end of an adverse decision by the
state the right to appeal that decision and the demands that the public
official must provide reasons of their decision in writing. Our law recognises
that the right to Just administrative action has two key aspects, the first one
being the substantive aspect encapsulated in the statement the administrative
action must be lawful or put differently it must be in line with an empowering
legislation and the constitution. The second relates to the procedural
fairness, the conduct or act must conform to procedural prescripts of the Act.
Meaning where the Act says the official must inform the person by issuing a
form 1, the failure to issue that form renders the action unlawful.
In the past when Home Affairs has been challenged
on actions its officials have taken to deny a person entry they have put
forward two principal arguments, first that have stated that once they have
denied some one entry that person is no longer their responsibility but that of
the conveyance as contemplated in section 35(10) of the Immigration Act. The
have also argued that technically persons in the arrivals area at the port of
entry who have not been formally admitted into the republic are not in the
republic and therefore not subject to the protections afforded to them by the
Act and the constitution. A final argument has been that in cases where a person
has lodged an appeal in terms section 8(2)(b) wherein the Act provides that
person shall not be removed from the republic, that person is not deprived if
freedom as contemplated in section 12 of the constitution while also arguing
they cannot be allowed to await the Ministers decision in the republic as doing
so would be detrimental to their immigration enforcement efforts.
All these arguments have been dismissed out of hand
by the courts. In Lawyers for Human rights & another// the Minster of t
Home Affairs & another 2004 (4) SA 125 (CC) the Constitutional court held
that “The denial of these rights to human beings who are physically inside the
country at sea or airports merely because they have not entered South Africa
formally would constitute a section of the values underlying our constitution”
In other Judgments in the SCA and High court this
argument was dismissed as pure sophistry which ought to be disregarded offhand
and that our courts would have jurisdiction to intervene in these matters in
the same manner as they would be expected to intervene in a case involving the
murder of a person at a port or entry. In Abdi V the Minister of Home Affairs
(734/10) 2011 ZASCA 2, the Supreme court of Appeal found that Home Affairs
remained the responsible authority when a person has been refused entry and
they do not at any point abdicate that responsibility to the conveyance
As to whether a court can order the release of an
inadmissible foreigner from an inadmissible faculty pending the outcome of a
review of the decision the courts appear divided with judgements for and
against the release. In Chen v the Director General of Home Affairs 2014 ZAWCHC
181, the court having assessed the conditions of the holding facilities at the
airport concluded that these holding facilities were in fact detention
facilities that had the effect of violating a person’s fundamental right to
dignity and the right to freedom and security of person and her right to
freedom of movement. The court went on to order the release of the person
pending the minister’s decision but left it to the DHA to determine the
conditions of the persons release.
As a final note for the airline industry who often
find themselves caught between a rock and a hard place in these situations. It
is worth noting the judgment of the High Court in Lin & Another v the
Minster of Home Affairs & others. The court made several adverse findings
against the airline in that case including punitive orders for contempt of
court against certain employees of the airline. The airline had argued that
their function was to merely carry out the orders of the Home Affairs in this
case however the court found them wanting and essentially stating that where
the airline has been advised of the persons rights it has a duty to ensure that
they do not participate in the violation of that persons rights by observing
the letter of the law and not blindly follow the instruction of DHA which often
have been found to be unlawful.
The Immigration Act
and the Department of Home Affairs abhors fraudulent documents. Section
29(1)(f) provides ; The following foreigners are prohibited person and do not qualify
for a port of entry visa, admission into the republic , visa or a permanent
residence permit … anyone found in possession of a fraudulent visa, passport ,
permanent residence permit or identification document. Section 49(14) and
49(15) makes the use or attempted use of or uttering of any fraudulent document
for the purpose of entering remaining in or departing from and residing in the
republic a criminal offence, of which a person on conviction is liable to
imprisonment of up to 15 years.
So when one finds
him of herself in possession of a fraudulent document how does one comeback
from this immigration abyss?
There are two paths
to rehabilitating yourself when you have been rendered a prohibited person for
using or attempting to use or uttering a fraudulent visa, permit or Identity
document. Section 29(2) makes provision for the Director General on good cause
declare that person is no longer a prohibited person.
This is done by way
of submitting an application to Director General setting forth good cause why
the person should be removed from the prohibited persons list.
Another avenue is
in terms of section 32 of the Immigration Act and Regulation 30. Section 32 is
an appropriate route in the event that the person is still in the country and
looking to apply for a new visa. Regulation 30 provides 3 tests, that a person
is an illegal foreigner, who has neither been arrested for the purpose of
deportation nor been ordered to leave and who wishes to apply for a status
after the expiry of his or her status.
Section 32 is
applicable because by virtue of being in possession of a fraudulent permit or
visa and have not been arrested ordered to leave then you meet the criteria
under section 32.
The next criteria
is that the person would need to show good cause why you failed to renew your
previous visa.
This would include
the circumstances that led to you being in possession of fraudulent document.
Often people are victims of an elaborate immigration scam and their permits
would have worked for few times and so would be unaware of the fraudulent
nature of their status until it is brought to their attention. They are as much
victims of the fraud as is the state. It is important to be able to prove
definitively that a third party was at play and in our experience, this works
to the persons advantage.
The last criteria
would be proof that the person is eligible for the visa that they intend to
apply for. This is submitted in the form of all the required documents for the
respective visa.
It is important to
highlight that immigration issues of this kind do not go away with time. The
Department will always discover that a person’s status is fraudulent or
obtained in a fraudulent manner. So tackling these head on will be the best
approach to any similar situation. The effect of coming forward to attempt to
regularise your status is better than not doing anything. Any good faith effort
to rehabilitate your status will certainly mitigate risks of being criminally
convicted and will count as a positive in an application to remove the
prohibited person status.
It is also accepted
that not every case can be rehabilitated.
For assistance with
your immigration matter you can contact us at our offices and speak to one of
our specialists.
If your asylum application is rejected, this
means that the DHA does not recognise you as a refugee.
You will receive a letter stating that you must leave the country or file an
appeal usually within 30 days of being told of the rejection.
Depending on the reasons for the rejection of your application, you will need
to appeal to the Refugee Appeal Board or the Standing Committee for Refugee
Affairs.
If you think that you do qualify for refugee status it would be a good idea to
seek legal advice from an organisation such as ours
How can we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com
Please rate us by clinking on this links :
Sa Migration International https://g.page/SAMigration?gm
Alternatively, please contact us on :
Sa Migration International
Whatsapp Tel No : +27 (0) 82 373 8415
Tel No office : +27 (0) 82 373 8415 ( Whatsapp )
Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155 www.samigration.com
Many tourists have
been thrown into the deep end as Home Affairs implement South African visa
changes overnight.
I’m sure by now
many of you have read or heard about the recent rules that have come into
effect for the SA Visa. After doing some research I decided to gather some
information together to try and put your minds at ease and make sure you are
aware of how to avoid being declared an “undesirable” person.
First… The changes.
90 Day Tourist Visa
& Extensions
As before, upon
arrival into South Africa you will receive a 90 day Tourist Visa (exemptions
apply, please check the DHA website) or if you are from a visa requiring
country sometimes only 15 day visa . This Visa has the option of a further 90
day extension (total 180 days), however at present these are not guaranteed and
are quite difficult to get approved in time.
Extensions can be
done via VFS Global, a visa facilitation company. Applications must be done
online through the VFS website, by filling in an application form, scheduling
an appointment and paying the relevant fee via EFT.
On the day of your
appointment at VFS you will need to submit all documentation and have your
biometric data recorded. You will be given a receipt that must be kept to
collect your passport and documents IF your extension is granted.
Travelling With
Children
Parents travelling
with children under the age of 18 MUST carry an Unabridged Birth Certificate in
addition to the child’s passport.
This applies to ALL
travel… Inbound, Outbound and In Transit.
When a child is
travelling with one parent, that parent in addition to the above must also have
consent from the other parent in the form of an Affidavit or Court Order or in
the case of the other parent being deceased, a Death Certificate.
If the child is
travelling unaccompanied, proof of consent from both parents or if one parent,
an Affidavit/Court Order/Death Certificate as stated above.
A letter from the
person who will be receiving the child containing the residential address and
contact details where the child will be residing, a copy of the
Passport/Identity Document for the receiving person and lastly the contact
details of the parents.
Second… The
Problems
90 Day Tourist Visa
& Extensions
Clients who wish to
apply for the extension of a further 90 days must make application as soon as
possible once arriving in South Africa. Processing time is currently taking
approximately 60 days and longer.
If your application
is not granted before your 90 days is up, you MUST leave South Africa within
those 90 days or consult an immigration practitioner about other options . Persons
who stay beyond that period will be declared “undesirable” and prohibited from
re-entry into South Africa for:
• 1 year, if you
overstay 30 days or less;
• 2 years, if you
overstay for a second time within 24 months;
• 5 years, if you
overstay more than 30 days.
Persons will also
be banned at the airport on departure.
These bans can be
appealed but can take months, be expensive and have no guarantee of a positive
outcome.
“Border Hopping” (travelling
into neighbouring countries for short periods and re-entering South Africa) is
no longer allowed.
Persons who come in
for 6 months every year, “Swallows” are advised to apply for the 4 Year Tourist
Visa
Please note: There
is NO GUARANTEE that your application for a Visa Extension will be granted and
no refund is applicable if the application is denied. So use an immigration
practitioner
Travelling With
Children
Travel will not be
permitted at all if the documentation needed is not provided. This stands when
leaving your home country or South Africa when travelling with children under
the age of 18.
Many tourists have
been thrown into the deep end as Home Affairs implement South African visa
changes overnight.
I’m sure by now
many of you have read or heard about the recent rules that have come into
effect for the SA Visa. After doing some research I decided to gather some
information together to try and put your minds at ease and make sure you are
aware of how to avoid being declared an “undesirable” person.
First… The changes.
90 Day Tourist Visa
& Extensions
As before, upon
arrival into South Africa you will receive a 90 day Tourist Visa (exemptions
apply, please check the DHA website) or if you are from a visa requiring
country sometimes only 15 day visa . This Visa has the option of a further 90
day extension (total 180 days), however at present these are not guaranteed and
are quite difficult to get approved in time.
Extensions can be
done via VFS Global, a visa facilitation company. Applications must be done
online through the VFS website, by filling in an application form, scheduling
an appointment and paying the relevant fee via EFT.
On the day of your
appointment at VFS you will need to submit all documentation and have your
biometric data recorded. You will be given a receipt that must be kept to
collect your passport and documents IF your extension is granted.
Travelling With
Children
Parents travelling
with children under the age of 18 MUST carry an Unabridged Birth Certificate in
addition to the child’s passport.
This applies to ALL
travel… Inbound, Outbound and In Transit.
When a child is
travelling with one parent, that parent in addition to the above must also have
consent from the other parent in the form of an Affidavit or Court Order or in
the case of the other parent being deceased, a Death Certificate.
If the child is
travelling unaccompanied, proof of consent from both parents or if one parent,
an Affidavit/Court Order/Death Certificate as stated above.
A letter from the
person who will be receiving the child containing the residential address and
contact details where the child will be residing, a copy of the
Passport/Identity Document for the receiving person and lastly the contact
details of the parents.
Second… The
Problems
90 Day Tourist Visa
& Extensions
Clients who wish to
apply for the extension of a further 90 days must make application as soon as
possible once arriving in South Africa. Processing time is currently taking
approximately 60 days and longer.
If your application
is not granted before your 90 days is up, you MUST leave South Africa within
those 90 days or consult an immigration practitioner about other options . Persons
who stay beyond that period will be declared “undesirable” and prohibited from
re-entry into South Africa for:
• 1 year, if you
overstay 30 days or less;
• 2 years, if you
overstay for a second time within 24 months;
• 5 years, if you
overstay more than 30 days.
Persons will also
be banned at the airport on departure.
These bans can be
appealed but can take months, be expensive and have no guarantee of a positive
outcome.
“Border Hopping” (travelling
into neighbouring countries for short periods and re-entering South Africa) is
no longer allowed.
Persons who come in
for 6 months every year, “Swallows” are advised to apply for the 4 Year Tourist
Visa
Please note: There
is NO GUARANTEE that your application for a Visa Extension will be granted and
no refund is applicable if the application is denied. So use an immigration
practitioner
Travelling With
Children
Travel will not be
permitted at all if the documentation needed is not provided. This stands when
leaving your home country or South Africa when travelling with children under
the age of 18.
There is no doubt that the expungement laws in South Africa can be confusing
and convoluted. Our goal at Sami is to provide a one stop resource for South
African expungement information.
Here is a list of the most common frequently asked questions about removing a
criminal record:
• Do I qualify to remove my criminal record?
• Is it legal to remove my criminal record?
• What is expungement?
• Why is an expungement firm essential?
• Why is expungement important?
• Who is eligible for the standard 10 year expungement?
• What if I have multiple convictions?
• What can I expect from Sami?
• What are the benefits of getting my criminal record
expunged?
• How many
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• What if I have already applied?
• How long does it take?
• Is there a way to speed up the expungement process?
• I don’t qualify for the standard 10 year expungement, what
other options do I have?
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The Constitutional Court in November last year handed down a judgement in the
Ahmed matter as well as a Court Order opening the door for Asylum Seekers and
Refugees to apply to change their status to that of a mainstream Visa under The
Immigration Act.
The Department has issued a Directive empowering the VFS offices (representing
Home Affairs ) elsewhere to take in any application for a change of status and
any waiver that may be required from an Asylum Seeker Temporary Visa or Formal
Recognition Permit.
Further, it is important to note that not just any holder of an Asylum Seeker
Temporary Visa or Formal Recognition of Refugee Status can apply for either a
Temporary or Permanent Residence. They would first
have to qualify in the applicable category of a mainstream visa under the
Immigration Act,
Under the new rules they don’t have to cancel their asylum or refugee status
and can change to any visa class if they qualify from within South Africa.
SaMigration- 30/05/2022
A refugee can apply for permanent residence if he or she has been living in
South Africa on a refugee status permit for a minimum of five consecutive
years.143 For a recognized refugee to receive a permanent residence permit, the
standing committee for refugee affairs must have certified that that person
will remain a refugee “indefinitely.”
On March 30, 2004, the Standing Committee for Refugee Affairs published a
decision intended to circumscribe the conditions under which certification
shall be issued, namely: “…Where the appellant is likely to remain a refugee
for the foreseeable future and the “foreseeable future” should be one year.”
Once the South African government has awarded you refugee status. The
government will issue you with an identity card which shows that you are a
refugee. You will be issued with a renewable Refugee Permit which is referred
to as a Section 24 Permit.
You will be entitled to apply for a United Nations Travel Document tha tallows
you to travel to any country except your country of origin. Should you travel
to your country of origin for any reason, the South African government will
stop recognising you as a person in need of protection. You will therefore
cease to be a refugee. By voluntarily going back to your country of origin, you
will be indirectly saying that you are safe there, hence you will no longer
deserve protection or refugee status. Refugees have the right to work and enjoy
most of the rights in the South African Constitution except the right to vote.
It is possible for refugees to eventually get a South African passport after
a long period of time, which will entitle you to travel anywhere in the world
including your country of origin should your fear of harm disappear. This will
also entitle you to have a South African identity card and to be able to vote.
Home Affairs minister Aaron Motsoaledi has announced a complete revamp
of his department’s systems in a move to cut down on long queues, including
plans to introduce branches in shopping centres.
Presenting his departmental budget speech on Tuesday (24 May),
Motsoaledi said that while his department is in the process of building new
branches, the introduction of Home Affairs outlets inside shopping malls will
provide for ‘immediate relief’ in areas which already have high footfall.
“Operating Home Affairs offices at malls will obviate the problem of
queuing in the sun or rain. Malls will also provide convenient and safe parking
for clients,” he said.
Motsoaledi confirmed that discussions are already underway with the
following shopping malls around the country:
Menlyn Mall in Tshwane
Cresta Mall in Johannesburg
Southgate Mall in Johannesburg
The Pavillion in eThekwini
Tygervalley Mall in Cape Town
“Since the malls still have to move some tenants around to make way for
Home Affairs, we will install our equipment there around September this year.
We shall start with the Menlyn Mall in Pretoria and then roll out to the rest,”
he said.
Branch Appointment Booking System (BABS)
Motsoaledi also confirmed that his department was expanding its new
online booking system called BABS (Branch Appointment Booking System).
The system, which is presently being piloted in 24 of the busiest
offices, will be rolling out this system to more outlets in the coming
months, he said.
“The pilot started in December last year at the Byron and Akasia offices
in a hybrid model allowing booked and walk-in clients. A total of 33 463
people have used the system between December 2021 and 13 May 2022.
“Apart from making sure that there are no queues in the Home Affairs
offices where it is implemented, the BABS system will help eradicate corruption
by making sure that those who practice the obnoxious behaviour of selling queue
spaces have no clients because clients book straight online and come at the
appropriate time, and hence they have no need to buy space from anybody in the
queue.”
The State IT Agency (Sita) is spending R400
million revamping Home Affairs’ whole network, Minister Aaron Motsoaledi has
announced in his budget vote speech.
Sita recently finished the procurement
process and would complete the revamp in the third quarter of this financial
year, Motsoaledi said.
The Home Affairs minister acknowledged that
system downtime is a primary reason for long queues in front of his
department’s offices.
“It is painful and generates a lot of anger
to visit a Home Affairs office very early in the morning and just stand there
and wait for hours on end because all systems are down,” said Motsoaledi.
“It is very frustrating, to say the least.”
Motsoaledi said many members of the public
believe the department’s computers don’t work.
Last year the minister ignited a war of
words with Sita when he told Parliament that Sita
was the cause of Home Affairs’ problems and that he would go to the
private sector for help with their IT system.
Sita hit back and said Home Affairs was spending the bare minimum on
its IT services.
It was paying for a bronze-tier product and
expecting platinum-level service, Sita stated.
The department and Sita have since made
peace, and are working together to solve Home Affairs’ problems.
Home Affairs officer taking a digital fingerprint
To address the headache of perennial system downtime,
Sita has doubled Home Affairs’ Internet capacity and introduced three failovers
in Tshwane (Pretoria), Cape Town, and eThekwini (Durban).
“This will ensure that if any of the network
is down, there will be two to support our services,” Motsoaledi stated.
Sita has also implemented a software-defined
network for Home Affairs, which the minister promised will increase bandwidth
to their applications.
In addition, Sita has finalised its
cybersecurity procurement plan for Home Affairs’ IT infrastructure.
This will be implemented during the current
financial year once law enforcement agencies approve it.
Overall, Sita has committed almost a billion
rand to IT infrastructure supporting government departments.
“We know that the Department of Home Affairs
will be one of the major beneficiaries,” said Motsoaledi.
His department has installed 136 new routers
and 150 switches across 136 offices.
“We still need to install 112 routers and 68
switches which have already been bought.”
Bringing in experts from
banks
Motsoaledi also revealed that they are
bringing on eight IT engineers from “a leading bank” to help stabilise its
network.
“We wish to confess that whenever our
systems are down, we stand in awe of the banks which always seem to be having a
stable IT network,” the minister stated.
“We ask ourselves how do they achieve that?”
The engineers have been vetted and will soon
begin at Home Affairs.
“We believe that the partnerships with the
banks will rapidly reduce the skills deficit and assist the Department to
improve and maintain system uptime,” said Motsoaledi.
Standard Bank, Absa, FNB, Nedbank, Discovery
Bank, and Investec offer smart ID and passport
services at selected branches.
Motsoaledi previously said the partnership
would expand to more bank branches and that banks would start offering more
Home Affairs services.
However, this did not work out as planned.
“The banks are worried of reputational
damage that our system downtime would cause them,” said Motsoaledi.
“Remember that for them to offer Home Affairs
services, they need to verify the details of the client by using our system. If
there is downtime, the banks also get stuck,” he explained.
“We believe that as soon as their own
engineers have helped us to increase system uptime, the banks will cheerfully
open their doors for Home Affairs services.”
Motsoaledi said this when he tabled the department’s Budget Vote priorities during a mini plenary of the National Assembly on Tuesday.
Devdiscourse : 27-05-2022
Home Affairs Minister Dr Aaron Motsoaledi
has hinted that the department has decided to overhaul its immigration system
and that details of this will soon be announced.
Motsoaledi said this when he tabled the department’s Budget Vote
priorities during a mini plenary of the National
Assembly on Tuesday.
“…Another elephant in the room is the problem of immigration. I
don’t have to outline what is taking place in our country about this problem.
It is a crisis we are all well aware of,” he said.
This following a recent rise in tensions between South African citizens
and foreign nationals in several communities, with the main issue being
unhappiness with undocumented immigrants taking up economic activities, while
others have been fingered to be contributing to crime.
“For today, it will suffice to say we have decided on a complete
overhaul of the immigration system of the country.
“Complete overhaul means exactly that. Work in this regard is well
underway and we will soon unveil it.”
Border Management Authority being capacitated
Motsoaledi said, meanwhile, that the much-anticipated Border Management Authority was being
implemented.
“We have long conceded to the problem of porous borders in our
country. You are aware that the implementation of the newly-established Border Management Authority is well
underway,” he said.
He said the Commissioner and his two Deputies are hard at work to
establish the structure.
“Recruitment of first cohort of Border Guards has been completed
and they will be brought in next week for onboarding, which includes an
orientation programme and deployment to the selected areas of the borderline
which are known to be problematic.”
He said it is hoped that this cohort will be officially launched in the
first days of the next quarter.
Tackling corruption
Motsoaledi said a Counter Corruption Unit,
established just under a year ago, has in a short period of time made headway
in tackling corruption.
The number of arrests of kingpins and syndicates speaks for itself, said
the Minister.
About 60% of the cases Counter Corruption is dealing with have to do with
immigration issues, especially matters of permitting, which is a further
testimony on why there is a need to completely overhaul the immigration system
of the country.
“Let me inform you that in the coming weeks we will continue to
arrest more and more people, both foreign nationals and South Africans involved
in passports fraud and other forms of identity theft as well as corruption.
“Since the arrest of the Pakistani kingpin of passports fraud on 24
March this year, the Counter Corruption unit cannot find time to rest.
South Africans from all walks of life, including members of Parliament
are reporting to them acts of fraud and corruption on a daily basis.
“This is heart-warming and indicates that our people are tired of
corruption. We shall root it out without fear, favour or prejudice and we
promise never to be intimidated or derailed by anybody.”
Motsoaledi said the department was adding 12 new staff members to the
Counter Corruption unit. These will include analysts, researchers and
investigators
Cape Town – Home Affairs Minister Dr Aaron Motsoaledi has announced the
department would open offices in shopping malls across the country to take
pressure off other offices.
Motsoaledi told Parliament on Tuesday the project would start with Menlyn
Mall in Pretoria and the equipment would be installed in September.
This is one of the interventions the government is implementing ahead of
building 15 new offices in different parts of the country.
He said the opening of the offices in the shopping malls would come as
an important intervention.
The department will also be hiring more staff members to beef up their
front-line service points after National Treasury gave it more than R200
million to do so.
Motsoaledi said there were a number of interventions they would
implement to jack up the Department of Home Affairs.
He said they intended to overhaul the immigration services because of
the problems of fraud and corruption.
The arrest of the Pakistani syndicate in March was not the end as they
planned to take on more syndicates.
“As an immediate relief measure we have been engaging several malls in
our country.
“Operating offices at malls will obviate the problem of queuing in the
sun or rain,” said Motsoaledi.
“We will start with Menlyn in Pretoria, Cresta Mall and Southgate Mall
in Joburg, the Pavillion in eThekwini and Tygervalley Mall in Cape Town,” he
said.
Story continues below Advertisement
“Since the malls have to move tenants around to make way for Home
Affairs we will install our equipment in the malls around September this year.
“We shall start with Menlyn Mall in Pretoria and then roll out to the
rest of the country,” said Motsoaledi.
If you’re from a non-EU country you will need a visa in order to stay in
Spain for longer than 90 days, but knowing which type of permit is best for you
can be tricky. Here’s how to find the right one for you based on your
circumstances.
If you are a citizen of a non-EU country then you may benefit from the
90-day rule, allowing you to visit Spain for 90 days out of every 180 without
needing a visa. Countries including the UK, USA, Canada and Australia all
benefit from this rule.
Citizens of certain countries require a visa even for a short trip.
However, the tricky part comes when you want to move to Spain and spend
longer than just those three months. What are your visa options, whether you
want to move to Spain to retire, to work or even to set up your own
business?
Retirees:
The best option for retirees is to apply for the non-lucrative visa
(NLV). This allows you to live in Spain for one year, but as the name suggests
you are not allowed to work.
In order to apply an applicant must show they have €27,792 at their disposal for one year (€34,740 if it’s a
couple), as well as comprehensive health insurance.
If you want to stay in Spain beyond this year, you can either renew it
for a further two years (again proving you have the financial means) or change
your visa for a work permit or a self-employed permit through the residence modification process.
The NLV is also the best option for those who want to live abroad
temporarily. Those who want to stay in Spain for more than three months, but
are not planning on living here permanently. It’s ideal for those on a
sabbatical for example who have savings or investments and who do not need to
work in Spain while here, but want to stay here for a year. It’s also the best
option for those who have the financial means to do so.
If you plan on moving to Spain for work or in order to look for a job,
then you will need a work permit. Unfortunately getting a work permit can be
tricky because in most cases as a non-EU national, the position you apply for
must be on Spain’s shortage occupation list.
Your employer will also have to prove that there were no other suitable
candidates within the EU to be able to fulfill the vacancy. This means that
only highly skilled workers or those that work in industries that need workers
are likely to be successful. These mostly include jobs in the maritime or fishing
industries or sports coaches.
If you are wanting to become self-employed, then the entrepreneur visa
could be a good option, allowing you to live in Spain for one year in order to
open up a business. Be aware however your business must be considered as
anything of innovative character with special economic interest for Spain.
You will have to prove you have the necessary qualifications to set up
your business and will also have to submit your business plan to the
authorities for it to be approved. The entrepreneur visa can be extended for a
further two years after your initial one has been granted.
Investors:
If money is no object and you want to invest in a Spanish property then,
you’ll want to apply for Spain’s golden visa.
To be eligible, you must invest €500,000 before taxes in a property here. It
won’t allow you to work, but it will allow you access to the entire Schengen
area. This will also allow your spouse and any dependent children to move to
Spain with you.
Another option for investors is the entrepreneur
visa as described above, if you want to use your investment to set
up a business in Spain.
Joining family members:
If you happen to have a family member who is an EU citizen and lives in
Spain or a non-EU relative that has residency in Spain, then you have another
option. This is called the family reunification visa. However, in order to be
eligible, you need to be a spouse or a dependent child and your relative must
have the means to financially support you.
Students:
Enrolling on a course and applying for a student visa is one way for
non-EU citizens of any age can live in Spain beyond the regular length of a
tourist stay.
You will have to apply for a short-term or long-term student visa,
depending on the length of their course. A student advantages can several
advantages such as being able to work part-time or bringing over family
members.
Foreigners “ready for war” against Operation Dudula. Look at
what they are saying
The Citizen – 27 May 2022
In April, following the death of Operation
Dudula member, Kgomotso
Diale, residents of Pimville expressed their
disappointment in the government and the police for failing to protect them
against crime. Diale was shot and killed by illegal foreigners after a
confrontation about cable theft. Police Minister, Bheki
Cele had to visit the area where residents got to speak directly to
him.
Leader of Operation Dudula, Nhlanhla Lux,
gave Cele a strong warning, saying that if the informal settlements in Soweto
are not removed in 30 days, the community will rise and ensure they are
removed. Lux also made demands that the Police Minister should charge
politicians who encouraged people to grab land. “If these illegal
immigrants are not out of the squatter camps by May 28, it will be a Saturday,
you might as well prepare a mass funeral because we are going guns
blazing”, Nhlanhla said right in front of Bheki Cele.
May 28 is almost here. It’s only five days to go until informal
settlements housing illegal foreigners are removed in Pimville and Soweto.
However, the foreign nationals say they are not going anywhere and they are
ready to fight. According to The Citizen, the imigrants said they would not be
bullied by people who fail to hold their government responsible for corruption
and failure to deliver services. The foreigners are saying South Africans are
weak, hence government is doing as it pleases with them.
It is only in SA where foreigners will plot to go in war with citizens.
Ramaphosa is neglecting South Africans and there will be war. When Kgomotso
Diale was shot, the foreigners were not scared of anyone. They were heavily
armed and shooting at South Africans who were unarmed. They have been raging
war against South Africans for some time now, it’s only now that they have
decided to publicly declare so. If now they say they are ready for war, what are
their plans? What measures is government taking to ensure at there is no
war?They say they will not be bullied by people who fail to hold their
government to account? But they are here in SA, running away from their own
governments which have been buying them.
Meanwhile, on Saturday, HomeAffairsSA Immigration Officials were on the ground
to ensure that those within Gauteng province especially from the neighbouring
countries have proper documentation as required by law.
Some German teachers in South Africa say they hope the German Chancellor
Olaf Scholz will discuss the challenges of visas and their work permits.
President Cyril Ramaphosa is hosting the German Chancellor on an
official visit at the Union Buildings in Pretoria on Tuesday.
Both leaders are expected to discuss issues of bilateral and global concerns
including ways to enhance cooperation in the areas of energy and climate change
among others.
Germany is South Africa’s second-largest trading partner and in tourism
the third-largest single source for overseas arrivals. And trade and investment
have been central to bilateral relations between the two countries with at
least 600 German companies doing business in the country. With the country’s
total trade with Germany estimated at around R266 billion, President Cyril
Ramaphosa wants to use the visit to increase the trade volumes.
Presidential spokesperson, Tyrone Seale explains, “President Ramaphosa
and Chancellor Scholz will exchange views on a number of issues of bilateral
and international concern, including ways to enhance cooperation in areas such
as energy and climate change, trade and investment, and responses to COVID-19
and vaccine demand. They will also reflect on developments on the African
continent and internationally, including the conflict in Ukraine and its impact
on the international economy and food and energy security.”
But the Germans working in South Africa are also pinning their hopes on
the visit of their Chancellor. Teachers at the German International School in
Johannesburg want their Chancellor to exchange notes on how to turn the energy
crisis in South Africa around, insisting the intermittent power outage disrupts
their teaching and learning.
“Some challenges such as load shedding, we are a quite a modern school
we use digital boards, projectors and a lot of computers and this is a
challenge when it comes to stage three and stage four. So we’re losing some
lessons.”
“Me and my husband are trying solar energy to be independent of the grid
but anyway you need to get used to it and the circumstances and sometimes it’s
just nice and romantic to sit in the candle as well.”
The German International School in Johannesburg is one of the three in
the country and has an enrolment of over 1 000 learners with 80 percent of them
being local with at least 20 percent of them not paying any fees as they are
from poor family backgrounds mainly from Soweto.
The School principal, Thomas Bachmeier says they are also struggling
with their visas and work permits and want the Chancellor to help them with
this challenge.
Principal at the German International School Thomas Bachmeier says,
“Work permit for people from Germany and is also a challenge like I said 10 to
15 percent of our teachers need to come from Germany and sometimes is delayed
and sometimes we struggle to get a renewal on time.”
And the sentiments are also shared by teachers alike. Tanja Henrichs
says with their school being virtually free for learners from poor backgrounds
like Soweto, they want government to allow more German learners into the
country and for their work permits renewal to be fast-tracked.
“We don’t have many German learners, we need to learn the language easy
for all our children and we have learners from 30 nations and most of them
don’t have German at home so it would be nice to have some more German teachers
but it’s easy with the political situation nowadays. For us is difficult to get
visas and to get contracts and is very important for us that politicians are
set into a frame so that we work efficiently together.”
Both President Ramaphosa and Chancellor Scholz will also join the South
Africa-German consortium that will advance technology research for the
production of sustainable aviation fuels. I am Ntebo Mokobo in Johannesburg.
No matter where you talk about the lack of jobs that South Africans are facing
or the skyrocketing crime rate, the bottom line is that the words
“illegal” and “immigrant” will come up. There are a large
number of people from other countries who are here without proper documentation
and are competing with citizens for everything; jobs; service delivery; and are
also involved in crimes such as pickpocketing, cash transit heists, and ATM
bombing, which are negatively affecting the economy of this country. View
pictures in App save up to 80% data.
According to Athandiwe Saba’s tweet: “Despite claims that
foreigners are taking jobs, research has found evidence to the contrary.”
“We also discovered during our research that South Africans generally do
not want jobs performed by migrants, such as hairdressing.” She continued.
People in the comments section were outraged by the research
findings, with some asking who was doing that kind of job before the foreigners
arrived. Of course, it was the locals, and they are still out there looking for
work, but they are having no luck because the positions have already been
filled by foreign nationals.
Employers hire illegal immigrants for a variety of reasons, the most
notable of which is that they are known to be inexpensive, allowing employers
to save a significant amount of money by hiring them. Another reason is that
they are unable to register with unions, making them an easy target for unfair
treatment in the workplace.
Below are some of the comments from the people on Twitter:
“Despite your claims that South Africans don’t want those jobs, we
did research and discovered that every company that employs foreign nationals
has CV’s belonging to South Africans, e.g. Engen, Wimpy, etc,” a Twitter
user says. .
Let’s start with who did the research. The fact that South
Africans have CV’s does not imply that they did not want the jobs; the company
may reject SAns by claiming they are not skilled when they apply and instead
hire foreign nationals. What are the reasons for South African CVs being
overlooked? ” A Twitter user stated.
Details of how Home Affairs planned to reduce queues were laid out by
Minister Aaron Motsoaledi in his budget vote speech, but he largely dodged
South Africa’s immigration fiasco, simply saying a complete overhaul was in the
offing as the main opposition parties gave him short shrift over our poorly
managed, porous borders.
In his budget vote speech on Tuesday, Home Affairs Minister Aaron
Motsoaledi outlined a 12-point plan to increase efficiency and reduce the long
queues outside the department’s offices – but chronic staff shortages will
remain.
Long queues were one of two “elephants in the room”, said Motsoaledi,
the other being immigration. But he dealt with immigration in just two short
paragraphs, although it received the most heated criticism from the main
opposition parties.
A lack of staff at the civic services branch contributes to the
excessively long queues. In 2021, Home Affairs director-general Tommy Makhode told Parliament only 37% of civic services posts
at Home Affairs were filled, with no budget
available to fill 9,025 vacant posts in the branch that provides
identity documents, passports, birth and death certificates and marriage
licences to citizens.
Daily Maverick has been highlighting how citizens across the
country struggle to obtain the documents they need to work and travel,
revealing day-long queues in Johannesburg,
Stellenbosch and Cape Town.
On Tuesday, Motsoaledi revised the current percentage of filled posts to
39%, saying an additional allocation of R266-million within the R9,4-billion
budget for the 2022/23 financial year to deal with the staffing crisis would
allow the staff complement to be increased to 42% of what is required to serve
the 412 Home Affairs offices nationwide.
He said that over the past five years Treasury had “slapped a ceiling”
on the budget for staff salaries, which resulted in people who left the
department’s employ not being replaced. Added to this were severe budget cuts
over the past two years as money had to be moved to health facilities to fight
Covid-19.
But now Treasury “came to the party”, he said, enabling the department
to hire 764 new employees. Of these, 517 will be front-office staff processing
applications for documents such as ID cards and passports, and 288 will be new
immigration officers.
Banking on help
But no number of staff could reduce the queues if the “original sin” of
the department’s systems being offline was not addressed.
To this end, the State Information Technology Agency (SITA) was spending
R400-million to revamp the entire network. The procurement process had just
been completed and the work would be concluded towards the end of 2022.
SITA was also increasing the department’s bandwidth, had doubled its
internet capacity and introduced three failovers (back-up systems) in Tshwane,
Cape Town and eThekwini.
Nevertheless, SITA’s efforts did not seem to be sufficient. Motsoaledi
said the department “stood in awe” of the banks who never seemed to suffer from
system downtime, and was bringing eight IT engineers from “a leading bank” to
help stabilise the Home Affairs network and install some key IT infrastructure.
These specialists had been vetted and would soon start working with the
department.
Home Affairs was already partnering with major banks, establishing a
Home Affairs desk at 28 branches. However, the relationship was fraught, since
capturing client details and biometrics at the branches relied on the Home
Affairs system being online. With so much downtime, it affected the banks’
reputations.
“We believe that as soon as their own engineers have helped us to
increase system uptime, the banks will cheerfully open their doors for Home
Affairs services,” said Motsoaledi.
Load shedding also added to the department’s connectivity woes, and
generators had been installed in 197 Home Affairs offices. But 215 offices
remained at Eskom’s mercy.
The online booking system, piloted at 24 offices, was also aimed at
reducing queues. It allowed citizens to make an appointment online and then
arrive at the office at the appointed time, avoiding the need to queue. Since
it was initiated in December 2021, 33,463 had used it as of 13 May.
Borders blasted
However, GOOD MP Brett Herron warned that the appointment booking system
discriminated against the poor who could not afford data to book online, while
efficient front offices remained a priority.
Almost all opposition MPs remarked on the long queues and people being
turned away after waiting a whole day to apply for documents securing their
ability to work, study, obtain social grants or travel. But the strongest
criticism was levelled at Home Affairs’ immigration branch and porous borders
which are attractive to criminal networks.
Both African Transformation Movement MP Vuyolwethu Zungula and IFP MP
Liezl van der Merwe mentioned reports
that South Africa’s shambolic border management allowed the Islamic State group
to obtain funding from businesses run by illegal migrants.
“We do not have borders, the current manual asylum seeker system has
collapsed and has been abused by economic migrants,” said Van der Merwe.
She shot down Motsoaledi’s announcement that the establishment of the
Border Management Authority (BMA) was “well under way”, with recruitment of the
first cohorts of border guards completed. In April 2022 it would become a
standalone schedule 3A public entity responsible for our borders.
“The BMA is not the panacea to our problems,” said Van der Merwe. “It
will take millions of rands we don’t have, and many more years to become fully
operational.”
According to the budget summary, immigration affairs was allocated
R1,5-billion, compared with R2,6-billion for citizen affairs and R2,3-billion
for administration.
Motsoaledi had little to say about immigration. Beyond the announcement
of the BMA, he said it was a crisis “we are all well aware of” and it would
need its own budget speech if he were to start to outline it.
“For today, it will suffice to say we have decided on a complete
overhaul of the immigration system of the country,” he said, adding that this
work was well under way and would soon be unveiled.
EFF MP Lorato Tito and DA MP Adrian Roos tore into the immigration
debacle, with Roos saying the “ineffective” BMA was simply creating
“millionaire managers” with “Land Cruisers and uniforms” who could not find
people illegally crossing the border yet a Carte Blanche camera crew
could. Further, the BMA was simply replacing senior managers in immigration who
were supposed to be doing that job but remained employed.
Roos said the Stockpoort border post between South Africa and Botswana
remained closed because Port Health was not able to implement Covid-19
protocols, resulting in businesses in Stockpoort closing and the bureau de
change retrenching staff.
Tito said xenophobic sentiment resulting in the killing of foreigners
such as Zimbabwean Elvis Nyathi, was
stoked by Home Affairs failing to provide services on South Africa’s borders.
Not all bad
One successful achievement, however, which opposition MPs generally
seemed to agree on, was Home Affairs’ deployment of mobile offices. With about
100 in operation and 15 more being procured this financial year, they had been
successfully deployed to flood-ravaged areas in KwaZulu-Natal and the Eastern
Cape, enabling people who had lost their identity documents to obtain new ones
with the usual costs waived.
Deputy Home Affairs Minister Njabulo Nzuza said the mobile units had
serviced 131,164 citizens in the last financial year. They were particularly
useful for rural and remote areas not serviced by Home Affairs offices, and for
targeting Grade 12s so they could write their exams in possession of a new
smart ID card.
Nzuza said the number of pupils writing Grade 12 exams without an ID
card had been reduced from 8,187 in 2020 to 2,560 in the 2021 academic
year.
The department had a target of registering 90% of all births within 30
days by 2024, he said. To achieve this, they wanted to expand Home Affairs’
birth registration sites to all 1,145 health facilities in the country with
maternity wards. Currently, only 391 had birth registration capabilities.
However, Roos warned there needed to be an indigent programme to waive
the DNA testing fees required to establish paternity in the case of absent
fathers, or where one of the parents was a foreigner.
He said he was aware of a case where the child of a Swazi mother and
South African father was not given an ID because the father could not afford a
DNA test to prove the child was his. The lack of an indigent programme meant
the mother and child faced generational poverty because the child would not be
able to acquire education or employment without an ID.
The fact that we don’t actually know how many ‘undocumented’ migrants
there are is, in part, attributable to a systemic problem of state
administration with the Department of Home Affairs.
Kopanang Africa Against Xenophobia had planned a demonstration on Human Rights Day 2022 across South
Africa, but alas it was banned by the Johannesburg Metropolitan Police
Department (JMPD). The aim of the ban was to avoid conflict since those
involved in Operation Dudula had threatened to attack the anti-xenophobia
march.
The JMPD could not guarantee the safety of both sides in a possible
confrontation fueled by a concoction of mistruths and misperceptions about
non-nationals being responsible for unemployment, crime and poverty in South
Africa.
This approach by the JMPD further exposed how under-resourced they are and
how incapable they have been in dealing with xenophobic violence in South
Africa. This appears to back up the view that the police, given substantial
media attention for its harassment of non-nationals, has indeed taken a
xenophobic stance.
Xenophobic attacks and harassment of refugees, asylum seekers, economic
migrants and other locally defined “outsiders” are often fueled by politicians’
populist rhetoric and influential people in the news media in South
Africa.
Politicians are riding deep-seated anti-“foreigner” sentiment instead of
presenting workable solutions to the real problems in South Africa, such as the
provision of water, housing, toilets, sanitation and waste management, jobs,
electricity, and the combating of corruption, poverty and unemployment.
But what do we know, or not know about the issues? This article takes a
look at some claims made by ActionSA and other populist movements targeting
non-nationals and weighs them against research evidence.
Last week on social media, Herman Mashaba, who is known for his
controversial anti-“foreign national” rhetoric, reshared ActionSA’s
“immigration blueprint” first released by his party in 2020.
In the document, ActionSA states “it is estimated that 10% of all people
living in South Africa are undocumented migrants”. ActionSA doesn’t cite its
source for that figure and media reportage in 2021 made claims of this number
sitting at four million undocumented migrants, citing Stats SA as a source.
But the truth is, we don’t know how many “undocumented” migrants there
are in the country. In response to claims made in media reports citing the
figure at four million, Stats SA states that these reports were “erroneous” and
that “Stats SA wishes to categorically indicate that it has at no point made
any estimation or comment on undocumented migrants”.
Statistician-General Risenga Maluleke said that “if one uses the output
of foreign-born persons enumerated in Census 2011 and adds to it the net
international migrants for the period 2011-2016, as well as the period
2016-2021 from the 2021 midyear population estimates, one would get an
estimation of 3.95 million persons”, but “this includes migrants of all types
and is collated regardless of legal status”.
The fact that we don’t actually know how many “undocumented” migrants
there are, is in part attributable to a systemic problem of state
administration with the Department of Home Affairs, and in part to the
geographical landscape of Africa, where definitive boundaries between “mine”
and “yours” in communities that live close to borders are non-existent.
So, what do we know?
1. Administrative violence is a reality
Both migrants and South Africans face “administrative violence” by the
Department of Home Affairs regarding documentation, the Brenthurst Foundation
heard from multiple sources in its ongoing research on migrant experiences with
Covid-19 in South Africa.
ActionSA says in its “immigration blueprint” that “the problem is not
that citizens of other countries have chosen our country as their home, but
rather that too many foreigners enter South Africa without following the legal
process of immigration”. But, as an NGO that works with migrants points out,
“nobody wants to be undocumented… the pathways to documentations are limited
and those that are available are skewed”.
We also know that refugee centres of the Department of Home Affairs are
closed in some provinces, in some cases since the inception of Covid and in
other provinces since 2012. So, any asylum seeker or refugee whose documents
expired during this period has been unable to renew their documents, rendering
them “undocumented” – not because they are not willing to renew their
documentation, but because Home Affairs’ centres are not available to enable
them to do so.
The Africa Integration Agenda, as well as Agenda 2063, seeks to enhance
free movement of persons, right of establishment and right of abode for African
citizens among African countries. This includes the elimination of visa
requirements for travel by Africans within Africa, and makes redundant the
issue of whether an African in Africa is documented or not documented.
Consequently, progressive African states in several other regional
economic communities have already instituted visa-free travel for up to 90
days, and visas on arrival have been implemented by other African countries.
Some have even signed bilateral and multilateral visa-free arrangements between
their respective countries, aimed at bolstering trade, job creation and
inclusive growth.
The recently signed African Continental Free Trade Area (AfCFTA) will
not work if people cannot move freely within the continent and have to go
through extremely stringent procedures, most of which do not work. If we cannot
move, we cannot trade. Cross-border trade accounts for almost 60% of intra-African
trade.
2. Headhunting of locals hampering the country and the potential of
skilled non-nationals is not being explored
As South Africa is doing its best to discourage skilled Africans from
entering the country, other more developed economies are headhunting the best
and brightest from South Africa, leading to an exodus of many critical skills
from the country. Canada, US, New Zealand, UK and Australia are among those who
are headhunting.
As these developed countries continue to headhunt skills from South
Africa and illustrate to people their clearly laid out pathways to
documentation, it will get to a point where many of the skills that South
Africa needs will have left, rendering the Critical Skills List futile.
The efforts and resources being used to keep Africans from entering the
country would be more usefully directed at preserving the best and brightest we
currently have, and attracting skilled people from across the continent.
Among undocumented migrants are some highly educated and skilled people
who are worth paying attention to. As one respondent said to us in our migrant
survey, “my gardener has a degree in teaching, while my barber is a chartered
accountant”. A skills audit could yield a massive skills harvest for South
Africa’s critical skills deficit.
A rational approach would be based on a skills audit of South Africa’s
13 million unemployed people. The skilled among them should be used to meet
South Africa’s critical skills shortages, with the shortfall being addressed by
skills from elsewhere. To achieve this, non-nationals would have to be properly
and efficiently documented by the Department of Home Affairs.
3. Statelessness of children born in South Africa to non-nationals
causes serious problems
Migration has both stock and flow dimensions. In addition to the
challenges of flows, there are also challenges with the stock of migrants in
South Africa that exacerbates in the long term the issue of undocumented
migrants.
A typical example is the issue of statelessness. A baby born in South
Africa to non-national parents is not issued with a birth certificate. We heard
this from multiple sources in an ongoing study undertaken by the Brenthurst
Foundation.
A baby born to non-national parents in South Africa is rendered
“stateless” with no national identity, and is issued only with a hand-written
note from the Department of Home Affairs. This note serves as proof of the date
of birth, the parents they were born to and the place they were born in.
But this hand-written note is not captured on the national database, the
Brenthurst Foundation heard. When the child turns 16, they are barred from
applying for an identity document that is needed to write matric. But this
problem is not unique to only children of migrant parents. There are stateless children
of South African parents too, as a result of the dysfunctionality of the
Department of Home Affairs.
As one of our key NGO informants in the study explained, “There is a huge
gap in understanding [on the part of the state] when an undocumented child
becomes an irregular migrant liable for deportation, and all protection from
the Children’s Act falls away because the child is now 18 years… So those are
many of the issues we still need to tackle.”
Mothers (South African or otherwise) who give birth far away from a Home
Affairs office face the struggle of attempting to document a child later after
birth. Mothers are faced with obstacle after obstacle to register their child
late. This is not necessarily the fault of a mother, but is rather an issue of
access.
Our research shows that the root of the problem lies with documentation.
The Department of Home Affairs must allow its policy decisions to be informed
by good research and real data.
Right now, populist campaigns against foreigners are using the absence
of real statistics to place exaggerated numbers and inaccurate reasons in the
public domain to justify their xenophobic actions.
With the lifting of the national state of disaster,
the Department of Home Affairs says it will now reopen in-person services for
refugees.
Since 26 March 2020 there has been no way for refugees to apply for
asylum.
after closing in-person services due to the Covid pandemic, the
Department of Home Affairs has announced
it is reopening its Refugee Reception Offices.
Since 26 March 2020, there has been no way for refugees to apply for
asylum, and people who already had refugee or asylum-seeker status were unable
to renew or replace their permits and papers. The “family joining” process —
granting refugee status or a similar secure status to family members
accompanying a recognised refugee — had also stopped.
Consequently, refugees have struggled
to access basic services, enrol their children in schools, open bank accounts
or legalise their presence in the country.
Although Home Affairs granted a blanket extension for all asylum seekers
and refugees whose permits expired on or after 15 March 2020, people with these
out of date documents battled for their papers to be accepted. They were left
vulnerable to uninformed officials, and open to harassment by anti-immigrant
groups and vigilantes.
Refugees were told to renew their
papers using an online system that went live on 15 April 2021, but many
reported insurmountable difficulties with the system. They had until 31
December 2021 to renew. This was later extended
till 30 April 2022.
Now, the department says new asylum applications and family joining for
children born outside South Africa will be available again from 3 May 2022.
“In view of the termination of the national state of disaster, the
department is finalising plans to allow ‘walk-ins’. Once the plan is finalised,
the refugee community will be informed through various mechanisms such as
public notices and stakeholder engagements on how services can be accessed,”
said Home Affairs.
The department also said online services would continue to be provided
and requests for appointments should be directed to the relevant refugee
reception offices in Pretoria, Cape Town, Durban, Musina and Qheberha.
Sharon Ekambaram of Lawyers for Human Rights expressed concern, asking
how Home Affairs will communicate to asylum seekers and refugees.
Instead of being at the heart of a functioning state, Home Affairs has
been a joke, for a very long time. The consequences cannot be more serious,
writesHelena Wasserman.
Here’s a South African story (privileged edition).
My son turned 16 and we decided to apply for an ID and passport.
Trying to avoid the long queues at Home Affairs in Cape Town, we
travelled an hour to a nearby town to apply for his documents there. We arrived
at 06:00, where a line of freezing people, including many mothers cradling
newborns who needed to get registered, were already waiting in the dark.
After more than five hours in line, we found out that his application
was in digital purgatory – because we started the process online via a bank,
Home Affairs couldn’t finalise it. Or something like that.
We applied to have the online application deleted, waited a couple of
weeks, and then drove to the town again, this time making sure that we were in
the queue long before 06:00. After another few hours in line, the application
was finalised.
In less than a week, we got a notification that the passport could be
collected at Cape Town Home Affairs. We never received official confirmation
that his ID was ready.
Life in line
During the school holidays, we would drop our son in the morning, where
he would stand in the “collections line” for eight hours. Every day, hundreds
of people waited outside the doors of Home Affairs. When the office started to
close in the afternoon, scenes of utter desperation played out, where people –
who have travelled far and have been waiting for the entire day – would push to
get closer to the front doors, frantic to be allowed in.
One afternoon, after the line didn’t move at all for a few hours, a Home
Affairs official emerged with the news that one of the two computers for
collections wasn’t working and the other had to be rebooted every time a
collection was made, so it was also taken offline so it could be investigated.
When asked why there were only two computers to service hundreds of people, he
lost his temper.
This was the closest to communication we got from Home Affairs during those
days of queueing. There was no ticketing or booking system, no way of knowing
whether standing all day in queue would be in vain.
At times it almost felt like Home Affairs was
waging an active, hateful campaign against its citizens, but of course the
truth is worse than that: there is complete indifference.
From what we could see, there was no indication that any part of its
bureaucratic machine was aimed at making things easier, especially for those
most vulnerable.
School term started, and my son returned to wait in line after school.
It soon became clear that he would never get inside the building before closing
time. In the end, we had to take him out of school, twice, before he finally
got his documents.
In all, to get an ID, he stood in a queue for 28 hours.
We were extremely lucky.
We didn’t have to travel that far to Home Affairs, and could afford to
return, repeatedly. We even had the resources to go to another town where there
were shorter queues. Importantly, also, for us the ID and passport are
nice-to-haves – while tens of millions of South Africans are dependent on these
documents for social grants, their sole source of income. (Also, in truth, the
16-year-old had the time of his life in line, talking soccer with strangers
during school hours, and loving all the drama and wild rumours about what was
going on inside the building.)
While from the outside it looks like Home Affairs is suffering a new and
serious breakdown, it has always been a source of misery (and the butt of
endless jokes) among its citizenry, even as we have done our bit. Apart from
enduring impossible queues, almost R9 billion of taxpayer money goes to Home
Affairs – the biggest chunk paid on salaries – and the amount has been rising
in recent years. This, while the number of ID smart cards issued every year
have fallen since 2018, and despite recurring IT system failures, the
department couldn’t get it together to appoint a chief information officer for
more than six years.
Its shortcomings have serious consequence for especially its poorest
citizens, who depend on it for everything from their income, getting a job or a
vehicle licence, and gaining access to education and writing matric
exams.
And now, of course, its dysfunction over many decades has played a key
part in creating our current xenophobia crisis.
Lawless immigration environment
Home Affairs is supposed to provide a legal pathway for those from other
countries who want to settle here. But it has failed.
Take for example, applications for permanent residency. Despite a
massive backlog, Home Affairs simply refused any applications since March 2020
until January this year. So, for almost two years, there has been no legal
route to apply to stay in the country. (Also, just for appeals in the refugee
application process, there is a backlog of 123 500 people.)
Over many years, with its lack of a functional, affordable system to
grant work permits or legal leave to stay in South Africa to Africans who don’t
have priority skills – along with its failure to govern our border posts – Home
Affairs has contributed to a lawless immigration environment.
Knowing there is basically no legal route open to
them, people from other countries have established their lives here over
decades in the only way open to them: without documents.
Now, the police are hounding them for papers government knows full well
they were never able to get.
They have also become an easy ticket for political parties and vigilante
groups – who lack the imagination to come up with real solutions to structural
problems – to round up populist support.
It is rich of President Cyril Ramaphosa to condemn xenophobic attacks,
while his government just stood by as the department failed at its task of
providing immigrants with a way to make a legal life here for many years.
It should be at the very heart of a functional state. Instead, Home
Affairs has been a joke – for a very long time. The consequences cannot be more
serious
Many tourists have been thrown into the deep end as
Home Affairs implement South African visa changes overnight.
I’m sure by now many of you have read or heard
about the recent rules that have come into effect for the SA Visa. After doing
some research I decided to gather some information together to try and put your
minds at ease and make sure you are aware of how to avoid being declared an
“undesirable” person.
First… The changes.
90 Day Tourist Visa & Extensions
As before, upon arrival into South Africa you will
receive a 90 day Tourist Visa (exemptions apply, please check the DHA website)
or if you are from a visa requiring country sometimes only 15 day visa . This
Visa has the option of a further 90 day extension (total 180 days), however at
present these are not guaranteed and are quite difficult to get approved in
time.
Extensions can be done via VFS Global, a visa
facilitation company. Applications must be done online through the VFS website,
by filling in an application form, scheduling an appointment and paying the
relevant fee via EFT.
On the day of your appointment at VFS you will need
to submit all documentation and have your biometric data recorded. You will be
given a receipt that must be kept to collect your passport and documents IF your
extension is granted.
Travelling With Children
Parents travelling with children under the age of
18 MUST carry an Unabridged Birth Certificate in addition to the child’s
passport.
This applies to ALL travel… Inbound, Outbound and
In Transit.
When a child is travelling with one parent, that
parent in addition to the above must also have consent from the other parent in
the form of an Affidavit or Court Order or in the case of the other parent
being deceased, a Death Certificate.
If the child is travelling unaccompanied, proof of
consent from both parents or if one parent, an Affidavit/Court Order/Death
Certificate as stated above.
A letter from the person who will be receiving the
child containing the residential address and contact details where the child
will be residing, a copy of the Passport/Identity Document for the receiving
person and lastly the contact details of the parents.
Second… The Problems
90 Day Tourist Visa & Extensions
Clients who wish to apply for the extension of a
further 90 days must make application as soon as possible once arriving in
South Africa. Processing time is currently taking approximately 60 days and
longer.
If your application is not granted before your 90
days is up, you MUST leave South Africa within those 90 days or consult an
immigration practitioner about other options . Persons who stay beyond that
period will be declared “undesirable” and prohibited from re-entry into South
Africa for:
• 1 year, if you overstay 30 days or less;
• 2 years, if you overstay for a second time within
24 months;
• 5 years, if you overstay more than 30 days.
Persons will also be banned at the airport on
departure.
These bans can be appealed but can take months, be
expensive and have no guarantee of a positive outcome.
“Border Hopping” (travelling into neighbouring
countries for short periods and re-entering South Africa) is no longer allowed.
Persons who come in for 6 months every year,
“Swallows” are advised to apply for the 4 Year Tourist Visa
Please note: There is NO GUARANTEE that your
application for a Visa Extension will be granted and no refund is applicable if
the application is denied. So use am immigration practitioner
Travelling With Children
Travel will not be permitted at all if the documentation
needed is not provided. This stands when leaving your home country or South
Africa when travelling with children under the age of 18.
Documents found included more than 95 South African ID books, birth
certificates and passports.
A 47-year-old Zimbabwean man was arrested after police found a fully
functioning “department of home affairs” in his flat in Hillbrow, Johannesburg.
Gauteng provincial commissioner Lt-Gen Elias Mawela said police were
patrolling the streets of Hillbrow when a community member tipped them off
about a man producing fraudulent identity documents and passports.
When police searched the man’s flat they found documents that include
more than 95 South African identity documents, birth certificates, smart
identity cards, passports, bank statements, Covid-19 certificates, work
permits, police firearm licence competency certificates, Sassa cards, bank
cards and other essential documents.
“The suspect was immediately arrested and charged with fraud. There is a
possibility that more charges will be added pending the investigation,” said
Mawela.
Mawela also thanked the community for providing the information that led
to the arrest.
“I would like to thank the community members who continue to be the eyes
and ears of the police. As much as we have intensified police visibility on the
streets, we still rely on information from the community about the crimes
taking place indoors,” he said.
“This arrest is attributed to community members who would not allow
crime to be committed under their watch,” he added.
Immigration officer nabbed
The arrest in Hillbrow comes after Home Affairs Minister Aaron
Motsoaledi revealed earlier this week that an immigration officer at OR
Tambo International Airport was arrested for allegedly helping Bangladeshi
illegal foreign nationals get into South Africa without legal documents.
Motsoaledi told eNCA the
syndicate involves a runner who recruits Bangladeshi nationals who do not
qualify to visit South Africa, and also members of an airline, to help them
enter the country illegally.
He said the operation is coordinated by a kingpin, who charges foreign
nationals R110,000.
An airline employee then smuggles the foreign nationals by either
providing false names of the passengers or excluding them from the list of
travellers, Motsoaledi said.
Cape Town – The termination of the National State of Disaster is a light
at the end of the tunnel for refugees and asylum seekers struggling with the online
extension system implemented by the Department of Home Affairs (DHA).
Following the president’s announcement of the end of the national state
of disaster last week, head of strategic litigation and advocacy at the UCT
Refugee Rights clinic Sally Gandar said this was good news for refugees and
asylum seekers as the termination would enable refugee reception offices (RROs)
across the country to promptly resume the full services that were on halt for
the past two years.
Despite the online renewal system that enabled refugees and asylum
seekers to renew their documentation, the UCT Refugee Rights Clinic continued
to see individuals on a daily basis who were experiencing issues with the
system.
The lack of a full range of services at RROs across the country became a
concern as no new asylum applications were able to be lodged during that
period, as well as services for those whose documentation expired prior to the
national state of disaster being declared. This created barriers for those
trying to access rights and services such as accessing bank accounts,
traffic/vehicle registration services and in some incidences, employers
insisted on a renewed document in order for the individual to continue working.
With various challenges experienced, refugee status holder Alfonse
Ilunga said till this day, he is waiting for DHA to get back to him on his
request for renewal.
“I sent my application for renewal since November last year and till
this day, I’ve yet to receive a response. This has been a tough time for me at
my family because my boss let me go in January this year due to this. In order
to make some sort of money, I turned to the e-haling business in order to put
some food on the table.
“I know and understand that we are not South Africans, and to be quite honest,
I know we will never be treated with the same dignity as a citizen, however I
think it is important to understand and remember that we are all Africans first
before we are anything else. Such nonchalant efforts to ensure that refugees
and asylum seekers are legalised in the country gives birth to the man
xenophobic fears and attacks we saw last week. This creates several issues and
it feeds into the notion that there are several undocumented regress in South
Africa, when the truth is, the people who suppose to give us the documentation
that we need are staring at our emails, plea, outcry and complaints and are not
addressing it.”
“I really hope that the termination the national state of disaster can
bear fruit, and that there could be a light at the end of tunnel for various of
refugees and asylum seekers who are trying to make an honest living in South
Africa,” said Ilunga.
Gandar said: “We welcome the termination of the national state of
disaster by the president, and hope that it will mean that all refugee
reception centres across the country promptly resume a full suite of services
as were offered prior to the declaration of the national state of disaster more
than two years ago. This will go a long way to ensuring that asylum seekers and
refugees can access effective protection and documentation in South Africa –
which the SA government should be providing in terms of international law. We
note that the civic services Home Affairs offices have been open to in-person
services and mostly offer all services and have done so for many months even
during the lockdown.It may also be prudent for the department to offer
additional services or longer hours initially, as there may be some backlogs as
a result of the closure of the offices for over two years.
“As there is likely a backlog in respect of new applicants as well as
other services, we believe additional capacity and additional hours of service
would be a useful way to start assisting persons who need services at RROs. We
are aware that sometimes this could result in a systems overload at the
Department – as has also been the case with civic Home Affairs at times – and
so if there is a way to ensure that the systems are always online and or that
there is a formal an official document that can be issued immediately to
persons seeking assistance at RROs, while waiting for other processes to take
place, we would highly recommend that such contingency measures are
implemented.”
“In addition, the department needs to communicate broadly and
effectively to all government and other stakeholders, including the general
public, that there is a backlog which has resulted in people not having access
to documentation or renewal services and such persons should not be penalised
or arrested for this. The department should also communicated progress
regularly so that all stakeholders are aware of the backlog and the
department’s efforts to ensure those in such backlogs are assisted efficiently
and effectively,” said Gandar.
While the department has not yet set a date on the reopening of the the
RROs, spokesperson for Minister of Home Affairs Siya Qoza said that efforts are
being made to resume full services.
“The DHA started with plans to resume full services at the Refugee
Reception Centres before the president’s announcement.”
“At the heart of planning are the efforts to avoid overcrowding and
stampede on the first few days, a careful approach is required to protect the
clients. Once all necessary preparations are made, the department will
communicate with the clients,” said Qoza.
Johannesburg – Department of Home Affairs Gauteng provincial manager
Mamokubung Moroke admitted during the DA’s visit today to the Home Affairs
office in the Johannesburg CBD that they lacked resources and capacity to
handle the large number of people coming to the department.
This comes after DA leader John Steenhuisen led a DA delegation on an
oversight inspection of the Home Affairs office in the Johannesburg CBD.
During the inspection, Steenhuisen said the department’s systems were
broken, and they were not serving residents or immigrants who were trying to
sort out their legal documents.
“The problem is with the Home Affairs Department. You can see the
dysfunctionality, and I am glad the DA gets things done. We have two trucks
here today that they sent because they knew we were coming,” he said.
While chatting to the individuals in the queue, the DA leader said he
discovered that the queue usually runs down the street with no shelter and
people have to pay up to R100 just to secure a place in the queue.
However, Gauteng DA leader Solly Msimanga said he was shocked to see the
department’s trucks outside the building because normally there is nothing when
he passes by.
“We were talking to a lady in a queue who has been here from 4am. Why
does it have to take us coming here for her to get assistance, why does it have
to be that way?
“We cannot live in a country where people only do their job because
there is somebody else sitting in their background or watching them. People
need to do their job each and every single day and take pride in that. This is
why we have a country that is falling apart,” he maintained.
He also explained that they were going to reach the minister and find
out the step that can be taken to ensure that the system does not go off-line.
According to the DA, their inspection today was to check if the systems
were operating well and if people were being assisted in a good manner.
Philisiwe Khumalo, one of the people in the queue, said she had come to
the department numerous times and still did not get the help she needed. “The
problem is my ID, and when I come here, they say it’s not on the system and I
should have had it for several months,” she said.
Addressing the media after meeting with the management, Steenhuisen said
electronic systems should be introduced at Home Affairs, so that they would
know who could enter the country and who could not.
“Our sympathies are with the Zimbabwean national who was killed last
week in Diepsloot. That is the ultimate end where you misdirect the anger.
“The anger should be here at Home Affairs, outside the Union
Buildings and Parliament because its government ministers are falling so
fundamentally,” he said.
He said Operation Dudula and other operations would have devastating and
dangerous consequences for South Africa.
Migrants in the UK with Skilled Worker visas often consider undertaking
additional employment or doing charity work.
The rules on Additional Working and Studying for Skilled Worker. Image:
AdobeStock
However, many Skilled Worker migrants are unsure about the immigration
terms and conditions for additional work or study.
Sami has compiled some guidelines to avoid the pitfalls.
Skilled Workers and Supplementary Work
Generally, workers with permission to work in the Skilled Worker visa
category can only work for their employer (sponsor). They may also only do the
work as specified in the Certificate of Sponsorship.
Skilled Workers can take up supplementary employment. However, they still
have to continue to work in the employment for which the Home Office assigned
their Certificate of Sponsorship.
The supplementary work has to meet the following criteria;
It must be in the same profession and at the
same professional level as the work described in the Certificate of
Sponsorship; OR
The supplementary work must be for a job on
the Shortage Occupation List.
The work may not be for more than 20 hours per
week; and
It must take place outside the normal working
hours of the sponsored job, for which you have received a Certificate of
Sponsorship.
The employer who provides the supplementary work does not need to be a
licensed sponsor. The employee also does not need to inform the Home Office
about the supplementary work. However, the employee has to make sure that the
work fulfils the criteria of supplementary work. Otherwise, it will be a breach
of your conditions of stay of your UK skilled worker visa. The Home Office does
advise that the employee informs the employer that the work is supplementary so
that the employer can make the necessary checks recommended for
employers.
Secondary Employment
Skilled worker migrants can also take up a second job for which they do
require a Certificate of Sponsorship. This is called secondary
employment.
Please speak to your Sami consultant for more information on the process
of obtaining a second Certificate of Sponsorship for secondary
employment.
Voluntary Work
Skilled Worker migrants will be allowed to undertake voluntary
work.
The worker may not receive any remuneration or payment for the voluntary
work. However, the employer may reimburse the employee for reasonable
expenses.
Listening to Home Affairs Minister Aaron Motsoaledi and some of his
Cabinet colleagues talking about the immigration question, you could be
forgiven for believing that they were powerless folk.
It is as if the crisis of illegal immigration and the pressure it puts
on public resources and services just miraculously happened.
You would also swear that nobody foresaw the
violent backlash from working class South Africans against foreign nationals.
Motsoaledi was on JJ Tabane’s show Power to Truth on TV channel eNCA
this week, pontificating about this crisis.
It is really bizarre that government seems to be waking up to this
tinderbox issue only now that the populists and vigilantes are fanning the
flames of hate towards immigrants and taking the law into their own hands.
One of the myriad disasters of those who have run our country for the
past 28 years is the failure to manage immigration.
We say this recognising that the illegal movement of people across the
borders is inevitable, as South Africa is perceived as an island of prosperity
on the continent.
With wave after wave of undocumented immigrants flowing into the country
and making this their home, government has been like a deer caught in the
headlights.
Besides the pointless exercise of arresting those who are undocumented
and deporting them, very little sustainable work is done to manage the crisis.
The borders have remained porous, enabling the deported to immediately make
their way back to South Africa as soon as they have said their hellos to their
families and friends.
Government even failed to heed the bloody warnings of the massive
xenophobic outbreaks in 2008 and 2015, and the sporadic flare-ups that take
place from time to time in different locales.
Now government has promised to intensify its border management efforts.
But that only tackles the inflow of the new immigrants.
The question is: What can be done about the millions of undocumented
immigrants who are already in the country and are the targets of populists who
prey on the grievances of the poor?
The opportunists who are waging a campaign of vigilantism are filling a
leadership vacuum left by government’s paralysis.
Egypt announced this week that South Africans travelling to Egypt for tourism
no longer have to acquire a visa in advance from Egyptian embassies. They can
now get their visa upon arrival at Cairo International Airport.
The land of the pharaohs is a destination that has long been on the
bucket list of many South Africans given Egypt’s rich cultural heritage and
attractively priced seaside resorts. According to an Egypt Today report, on
April 3 The Pharaohs’ Golden Parade celebrated its first anniversary.
Golden Parade was an event held in Cairo on April 3, 2021, during
which 22 mummies were moved from the Egyptian Museum in Tahrir Square to the
National Museum of Egyptian Civilisation in Fustat.
Although Egyptian tourists travelling to South Africa still need to get
a visa in advance, Egypt’s Ambassador to South Africa HE Ahmed El Fadly hopes
that this move will encourage South Africa to consider following Egypt’s
example. He said it would “enhance people-to-people relations between Africa’s
two largest economies” and might one day lead to the lifting of all visa
requirements between the two.
El Fadly said that this decision by Egypt, which for now doesn’t apply
to any other African country, means that travel to Egypt is now easier for
South Africans especially given the resumption of Egypt Air’s regular direct
flights from Cairo to Johannesburg.
He said that Egypt expected the number of travellers from South Africa
to increase significantly.
The Egyptian Embassy said visas upon arrival would be valid for a period
of 30 days and that this this procedure puts South African tourists on par with
visitors that come to Egypt from the EU, Japan, the US and Canada.
Egypt Travel and Covid-19
Travellers who have a Covid test on arrival should stay in their hotel
room until they receive the result, which takes 12 – 24 hours.
In the case of a positive result, self-isolation for 14 days is
mandatory. The traveller covers the cost of this test.
People travelling to the coastal governorates with a valid vaccination
certificate do not need to get tested before departure or on arrival.
At the airport, passengers arriving from overseas will be asked to
present this certificate, a public health declaration form, and proof of health
insurance.
An explosive report prepared by the
Department of Home Affairs’ top brass has lifted the lid on the extent to which
the recently uncovered fake passport syndicate has penetrated the department, which is a “serious” security breach
for the republic.
On Thursday, members of the Home Affairs Counter
Corruption Branch and Hawks arrested a Pakistani man at the Cape Town
International Airport for suspected fraudulent activities that include the
production of bogus passports.
Majid Hussain, who was trying to flee South Africa,
appeared in the Bellville Magistrate’s Court this week on charges of fraud,
corruption, contravention of the Immigration Act, and the possession of suspected
fraudulent documents.
Last week, another Pakistani man, the kingpin of
the syndicate, along with his wife and 29 others, was arrested after a raid at
the department’s Krugersdorp offices.
It has now emerged that the criminal network –
which includes 13 foreigners and 13 South Africans – spanned Gauteng, Limpopo,
KwaZulu-Natal, Eastern Cape, Western Cape, and Mpumalanga.
A confidential report we have seen shows that the
syndicate has been working with security guards and corrupt department
officials to gain access to offices throughout the country and produce
fraudulent documents outside working hours, at times in the wee hours of the
morning.
The report, prepared for Minister Aaron Motsoaledi,
shows that at the Maponya Mall in Soweto, three officials – who include an
office manager – involved in the scam helped more than 50 foreigners obtain
fake passports. At the Germiston office, two officials have helped 15
foreigners get fraudulent passports.
In KwaZulu-Natal, two officials have assisted five
foreigners at the Ndwedwe office; at the Durban medium office in Commercial
Road, seven foreigners were assisted by two officials to get fake documents;
and an official at the Tongaat office was identified as helping a foreigner get
a bogus passport.
The report further says that seven foreigners and a
South African were transported from Gauteng to the Mpumalanga White River
office to obtain counterfeit passports in a transaction that happened at 4 am.
Other places where the syndicate operates include
the Vereeniging large office, where an official has already assisted seven
foreigners to get passports through the photo swapping scam, while in the
Western Cape’s Nyanga and Atlantis offices, officials have been fingered for
working with the criminals to issue fake passports to seven foreigners.
Sunday World understands more arrests are expected
this week in connection with the syndicate that has been behind the so-called
“photo swap”, which operated nationally using vulnerable young people who sold
their identities to foreigners, effectively removing the locals from the
population register.
In the scam, South Africans are ferried at night to
a Home Affairs office. Officials then help the kingpin access the details of
the South African through his fingerprints. The South African’s photo is then
replaced with a picture of a foreign national. The photo-swapping scandal is
not only compromising the security of the country but has the potential to
become an issue for South Africans wishing to travel abroad.
“If the problem of photo swapping in the passport
application process is not addressed urgently, it will result in further visa
restrictions to the country and the security of the country [being]
compromised,” the report states.
In September last year, two foreigners were arrested
at the Cape Town International Airport for being in possession of fake
passports. It later transpired they were working in cahoots with Home Affairs
officials and the matter was reported to the police.
“Our efforts to close loopholes in the passport
processes, however, also resulted in criminals changing their modus operandi to
acquire South African enabling documents. Four Cameroonians recently acquired
South African passports with the assistance of South Africans who displayed
similar looks and features [so-called lookalikes],” the report notes.
A high-ranking Home Affairs official said they had
found that most of the counterfeit passports were sold to Pakistanis. “We want
to get rid of the security companies that were complicit. This is a serious
security breach,” he said.
Last week, the ANC national executive committee
(NEC) supported measures by Motsoaledi to ensure effective border management,
strengthen Home Affairs systems to prevent illegal activities, and address
equitable access to employment for SA citizens.
“It [the NEC] urges citizens who have legitimate
concerns regarding the presence of illegal and undocumented immigrants to work
with the relevant authorities to ensure that our laws are implemented.
“The ANC calls upon law enforcement and other
agencies to act against both illegal and undocumented immigrants, unscrupulous
employers, and corrupt officials who fail to enforce our laws.”
The integrity of the South African passport has
come under the spotlight and resulted in the UK introducing a strict passport
regime for South Africans seeking entry into the UK
CAPE TOWN – Calls have grown for an overhaul of the
Department of Home Affairs after a cable breakage shutdown services across the
country.
The breakage, which connects to the State
Information Technology Agency (SITA), caused the department’s services to come
to a standstill on Friday.
It managed to restore its online service only on
Sunday afternoon.
Home Affairs Ministry spokesperson Siya Qoza said
the department will be extending operating hours on Monday to compensate for
the time lost.
Due to the network outage, Qoza said the department
ran limited services which included passport collections, and handwritten death
certificates for burial purposes.
Computerised certificates would be issued from
Monday.
“The Department of Home Affairs and the State
Information Technology Agency have been able to fix the cable breakage that
impacted service delivery on Friday.
“Home Affairs services have been restored. Home
Affairs Minister Dr Aaron Motsoaledi has instructed the Department to extend
operating hours to ensure that all clients that visited the offices on Friday
are served,” said Qoza.
Motsoaledi apologised for the inconvenience and
said the department owed it to the public to extend operating hours due to the
“unfortunate network failure incident”.
Western Cape Standing Committee chairperson on
Premier and Constitutional Affairs, Lorraine Botha, said the incident had a
devastating effect on people’s lives.
“Our communities in rural areas especially, are
paying such a lot for travelling fares to get to Home Affairs offices; money
that they do not have in the first place.
“They then have to queue for long hours to get
serviced. Even those just collecting their respective IDs have now to wait in a
queue just to collect,” said Botha.
She said the department had to communicate clearly
to communities on how they would be assisted when there was a system downtime.
The Public Servants Association (PSA) national
manager Claude Naiker said the incident was nothing new to Home Affairs.
“The public has always blamed officials for the
long queues and frustration at the delays in obtaining documentation.
“The IT system has always been problematic so an
entire shutdown is surely a disaster to the already ailing system.
“The PSA has for years called for Home Affairs to
completely overhaul the entire system,” said Naiker.
Action Society director Ian Cameron said it was a
disgrace that the department which provides such a crucial service for people
in the country has been allowed to deteriorate.
“It’s nothing new that the system goes offline. It
happens quite regularly. And it just goes to show that tax money has been
looted. And I think that we’re going to have extensive problems in the future
with these types of services.”
The department will be open until 6:30pm on Monday.
Operating hours at home affairs offices will be extended to 6.30pm on
Monday after the department’s systems went offline
nationwide on Friday.
“The department of home affairs wishes to inform
members of the public that services at the department have been restored. The
department and the State IT Agency have been able to fix the cable breakage
that impacted service delivery on Friday,” said the department in a statement.
Home affairs minister Aaron Motsoaledi instructed
the department to extend Monday’s operating hours to ensure that all clients
that visited the offices on Friday are served.
According to Motsoaledi, the department owes it to
the public to extend operating hours to compensate for the unfortunate network
failure incident. Branches will stay open until 6.30pm, and everyone who is in
a branch by this time will be assisted.
“The department appreciates the patience of the
public on Friday and apologises for the inconvenience caused by the unfortunate
network failure.”
Since the lockdown began asylum seekers and
refugees have been denied crucial services by government.
Terrence is a Zimbabwean refugee in South Africa.
He has tried seven times to renew his status through the Home Affairs online
portal, but he has never received a response, he says.
His papers expired in October 2020, but Home
Affairs announced that asylum seeker and refugee permits that expired after 15
March 2020 have been extended up to and including
30 April 2022. This was because Home Affairs had closed its refugee
reception offices since lockdown.
Terrence wants to officially marry his customary
law wife. So he went in person to the Regional Home Affairs office in central
Johannesburg, only to be told by a supervisor to bring “a valid document”
because his asylum document had expired.
He was told the blank extension is only to allow
refugees to renew. “So I have to wait for the renewed status and then get
married”.
But this is incorrect as the blanket extension
clearly extends “the validity” of visas and permits.
“I do not understand how a Home Affairs office does
not understand its own system … My wife is getting tired of waiting, not
knowing if we will get married,” said Terrence.
He also said not having renewed documents in hand
was affecting his employment contract and his child’s schooling.
Home Affairs launched its online renewal system for
asylum seekers and refugees, but since its inception last year GroundUp
has received emails and calls from asylum seekers experiencing difficulties
with the portal.
With the closure of in-person services at Refugee
Reception Offices it has also not been possible for many refugees and asylum
seekers to legalise or document their status, even though they have entered the
country perfectly legally.
Also, people who have lost their documents, because
of anything from carelessness to robbery to fire, have no way currently to
verify their status.
An Ethiopian refugee, Abera, says he cannot renew
online since he lost his refugee document and he cannot remember his reference
number.
Another distraught refugee told GroundUp
that his bank insisted his refugee status be verified. “The documents are given
by the South African government … Do banks verify South Africans green IDs as
well? This segregation needs to stop.”
The “family joining” process — granting refugee
status or a similar secure status to family members accompanying a recognised
refugee — has also ground to a halt.
Children who have been born in South Africa to
refugees are sitting without birth certificates, because their mothers are
undocumented.
Sharon Ekambaram of Lawyers For Human Rights (LHR)
also confirmed that refugees have been reporting a breakdown of Home Affairs
systems. She said the failure by Home Affairs to issue a directive that the
“document provided to asylum seekers that has the Covid watermark is a
legitimate document, shows the contempt” Home Affairs has for poor people.
Acting National Director of the Somali Association
of South Africa Abdikadir Mohamed said the South African Social Security Agency
(Sassa) Pretoria local office was refusing to recognise refugee documents
renewed online.
“Sassa officials punched holes in the documents
that were renewed online to ensure they are not used again. They also
threatened to arrest the refugees,” said Mohamed.
Sassa’s spokesperson Paseka Cornelius Letsatsi
failed to respond to our questions.
We have also repeatedly sent questions to Home
Affairs but received no reply. DM
The Department of Home Affairs (DHA) plans to
expand its service offering through bank branches in the coming months to
reduce growing queues at its offices.
However, the expansion was hampered by several
logistical issues, including the lack of available personnel.
Responding to a recent parliamentary question and
answer session, Home Secretary Aaron Motsoaledi said his department and the
country’s major banks had not signed the necessary public-private partnership
(PPP) due to a number of “relevant issues” that still need to be resolved.
These issues include:
System support in banks;
Assignment of dedicated
officials from the Ministry of the Interior per bank;
Training of certain banking
agents;
Lack of available staff.
“Currently, the Civic Services team is under
capacity in Home Office branches nationwide, with no additional staff to send
to banks. This issue applies to all potential banks for further deployment of
the service in question,” Motsoaledi said.
He added that once the issue of PPP approval is
resolved, it will pave the way for his department to initiate a rollout plan,
including human resources, with banks that wish to participate.
Existing partnership
The department has an existing public-private
partnership agreement with the banking industry, with 27 banks currently
enrolled in a pilot project to offer home affairs services.
The list of branches and departments is expected to
be expanded, which will lead to an increased footprint, the ministry said in
its 2022/2023 annual report.
“These partnerships could play a key role in
reducing long queues at home affairs offices, for example, using the banking
sector to receive and collect smart ID cards and passports.
The public-private
partnership process could also be used for the appointment of a business
partner and the acquisition of a permanent DHA headquarters,” he said.
In a separate space presentation in
parliament in February, the department said it was currently conducting a
feasibility study on opening dedicated branches inside malls across the
country.
The list of bank branches where you can get your
Smart ID and passport in South Africa is available here.
There is no guarantee that using one of the few
Home Affairs branches located at South Africa’s major banks will offer a
seamless experience.
Many South Africans, including MyBroadband’s journalists, have had relatively trouble-free excursions to apply
for and collect their smart ID cards or passports at these offices.
These facilities offer an alternative to standing
in snaking queues at large Home Affairs offices, which have become infamous for
slow service and frequent downtime.
Bank-based Home Affairs units require that the
initial application and payments are handled on the E-Home Affairs portal,
cutting down the time spent at the branch.
They also don’t offer the myriad of other services
available at main Home Affairs offices, reducing the volume of visitors.
But those benefits were not experienced by one
Hillcrest resident and software engineer, who recently applied for a renewal of
his passport via one of these branches.
While banks provide Home Affairs with floor space
and reliable infrastructure, they do not operate them or provide their systems.
As the engineer’s ordeal illustrates, bank-based
Home Affairs branches still rely on government systems and can suffer from
similar problems as traditional offices.
My tale begins on 31 January 2022, when I was
finally able to log into the Home Affairs e-services website to process an
application for a new passport.
The site’s response times were generally slow, and
I often struggled to get my one-time pin (OTP) to proceed with the application.
Miraculously, on one of my attempts, I finally did
get my OTP and was able to log in.
The online process of applying for the passport and
paying for it was relatively painless.
The difficult part was getting a booking at my
nearest FNB branch that handles ID and Passport applications.
To do this, I had to manually alter the “from” and
“to” dates when looking for an appointment.
I managed to get an appointment for about a month
later, on 28 February at 09:00 AM.
My closest branch was at a Cornubia Mall close to
Umhlanga, 45km from my home in Hillcrest.
I hadn’t dealt with Home Affairs in a while, but I
had heard the horror stories of going to Home Affairs’ main offices located in
Pinetown and Musgrave.
I did not want to go through that, so I reckoned it
was worth the drive as I surely wouldn’t have to wait long with my appointment
time.
A queue at first sight
On the day of my appointment, I arrived at Cornubia
Mall and was greeted with a very long queue of more than 100 people outside the
FNB branch.
It turns out that you will see this every day that
the Home Affairs office operates, which are only weekdays.
After enquiring with other people waiting, I
discovered there was a queue for collections, which was very long, and a queue
for applications, which was not as long.
Despite being in the latter, I waited for about an
hour as they had to do applications for people who didn’t get their
applications done the day before, because the system had been offline.
After waiting for about an hour and a half, my ID
number was called.
Inside the branch, I had to sit and wait in another
queue as they only allowed a certain amount of people inside the bank and then
processed them in batches.
Here, it took about another 30 minutes before it
was my turn.
During this time. I observed what the actual
process was to do a straightforward application.
These are applications that didn’t have any
complexities with birth country or the like.
The process for a new passport application was as
follows:
Provide your ID
Sign your name on an
electronic device
Scan thumbprint
Sit down to take a picture
If done without any delays, this should not take
more than two or three minutes.
The issue was that every time the Home Affairs
employee had completed an application, the camera was no longer picked up by
the system.
The only way to get the system to detect the camera
again was to reboot the computer, which took about 10 minutes.
After it rebooted, there was a modal popup listing
all the hardware devices linked to the system — like the fingerprint scanner
and camera — with little check marks next to them to indicate that they were
functional.
Whenever they rebooted, the camera would have a
little cross next to it to show that the system did not pick it up, at which
point the Home Affairs employee got up and turned the camera off and on again.
The system then picked up the camera and displayed
a tick.
Unplugging the camera and plugging it back in or
turning the camera on and off was not enough.
They had to do the whole reboot process to have the
modal pop up and show the devices and their online status.
I think adding a button somewhere that could
re-initialise all connected hardware without having to reboot the system every
time, would most likely make this process much quicker.
My application was eventually processed
successfully and I was out two hours after my appointment was booked.
I received an SMS confirming my application and was
told Home Affairs would contact me when my passport was ready for collection.
Less than two weeks later, I got an email and SMS
that said my passport would be ready for collection from 9 March. I finally had
the time to go and collect it on 24 March 2022.
As I work from home, I tell my boss I’ll be online
a bit late, and I take the 45km drive to Cornubia.
Because the branch opened at 08:30, I ensured I was
there 10 minutes earlier.
Collection chaos
By the time I arrived at the branch, there were
already about 20 people in the collections queue and many others with
appointments for new applications.
Little did I know that a bunch of those people were
there for collections after not getting their IDs or passports the previous
day.
They had been added to a special list to be
processed first thing on the day of my appointment. There were probably about
30 people on that list.
I started waiting, with the queue growing until
there were more than 100 people behind me.
The branch only allowed six people into the bank at
a time to be processed and that was going painfully slow. It probably took
about 30 minutes per batch of six.
For reference, the process for the collection of
IDs and passports was typically as follows:
Show your ID
Sign the electronic device
that captures signatures
Scan your thumbprint
In theory, that should take less than a minute.
As I listened to people talk, I learnt that some
had been there two or three days without getting their IDs or passports.
I realised that I might be there all day and might
still not get my passport.
At one point, a security guard brought out a book
for us to make a list of our ID numbers to be processed and I was about 20th
from the top of that list.
Around 10:30, after being there for two hours, I
started getting worried that I would have to make a tough decision soon —
either take a day’s leave and risk not getting processed or rather go home.
Surrender
At about 11:15, the lone Home Affairs employee who
handled the collections came out and called the last six people on the list
from the previous day into the bank.
He duly informed us waiting in the queue that he
had bad news — the system was down.
At this point, I decided that it was not worthwhile
to waste a full day’s leave standing in a queue, with the possibility of still
not getting my passport.
I left and travelled the 45km home, having wasted
three hours of my day.
I don’t know what to do now. How and when will I
get my passport? Do I need to take two days’ leave to do this and will there
still be a chance that I won’t get it?
I’m a software engineer, and for there to be any
downtime in any production system that so many people depend on is
unacceptable.
It would also help if there wasn’t just one person
dedicated to handling collections at the Cornubia branch with that massive
backlog.
They must have some fallback process in case the
system is down, like offline processing or signatures on paper.
I’m hoping that Home Affairs fixes their systems
and processes so that doing a collection is as it should be — quick and
painless — and only then will I go back to try again.
Often news breaks of the arrest of home affairs officials and foreign
nationals running one scam or another meant to bypass immigration laws.
When a police team pounced on a gang of robbers at
The Hill, southern Johannesburg, a worrying dimension was added to the story.
Police released the nationality of the men arrested in the raid, and it emerged
that most of the thugs were foreign nationals.
Mention arrests these days and the
subtext is “what nationality are they?” It speaks to a crisis those
empowered to do something about seem to ignore – the mess that is
immigration in this country.
Often news breaks of the arrest of home affairs
officials and foreign nationals running one scam or another meant to bypass
immigration laws.
In an interview on Radio 2000 on Tuesday, home
affairs minister Dr Aaron Motsoaledi spoke of the arrests of home affairs
officials along with Pakistani and Somali nationals in connection with a scheme
in which locals were hoodwinked and passports were issued in the name of
foreigners. In the end locals lost their citizenship when they were
removed from the national registry for a quick buck.
Many will recall how Motsoaledi came under fire
recently and was labelled xenophobic simply for doing his job. Marches were
even held to call for his sacking.
Sadly, the minister appears to be the odd one out,
left to handle a problem that is nothing short of a crisis.
NO ROOM FOR GRAFT: Home
Affairs Minister Dr. Aaron Motsoaledi welcomes the arrest of a female official
accused of taking a bribe
A home affairs department female officer allegedly
caught taking a R500 bribe from a refugee who wanted to extend his asylum
permit is expected to appear in court today.
The Refugee Status Determination Officer based at
the Desmond Tutu Refugee Reception Centre in Marabastad, Pretoria, was nabbed
on Tuesday.
She allegedly took the bribe to extend the validity
of the asylum permit of a Bangladeshi national, whose application for
international protection was being appealed at the Refugee Appeals Authority of
South Africa.
The official was allegedly seen by a security guard
accepting the money from the Bangladeshi national.
The guard alerted the department’s
counter-corruption branch resulting in both the official and the refugee being
arrested.
While the Refugee Reception Offices remain closed,
asylum seekers whose permits cannot be extended online are invited to the
offices.
The arrested suspects are scheduled to appear at
the Pretoria Magistrate Court on 30 March 2022.
Commenting on the arrest, Home Affairs Minister Dr.
Aaron Motsoaledi said: “Bribing an official for a service that is available for
free suggests that the person bribing is aware that they don’t have a valid
claim for international protection.
“This is another example of the abuse we are
rooting out in the asylum seeker and refugee management system.”
The minister again warned that the department had
no space for dishonest employees.
“I have instructed the department to conduct a
speedy, thorough and full investigation into the matter and action must be
taken against anyone who falls foul of the law,” said Dr. Motsoaledi.
Both the arrested official and the refugee are
scheduled to appear at the Pretoria Magistrate’s Court today, Wednesday 30
March.
‘It can’t be that Zimbabweans and Basotho have got
a different law to rule them when everyone else is under immigration laws,’
says Motsoaledi.
Home Affairs Minister Aaron Motsoaledi has slammed
claims ZEP holders will not qualify for any other visa and will be forced to
leave the country as a result.
This as Cabinet decided to no longer issue
extensions with the ZEP, which ended on 31 December, and further decided on a
12-month grace period.
During the grace period, ZEP holders must apply for
other permits appropriate to their particular status or situation.
Those who are not successful will have to leave
South Africa or be deported.
Speaking to Newsroom
Afrika on Wednesday, Motsoaledi said the government had systems in
place to ensure all the applications sent during this period are processed.
The government was working with the UN to process
the applications, he said.
“They’ve helped us with money and we’ve hired
people to help, even Treasury has given us extra money to hire more people,”
said Motsoaledi.
He further slammed claims that all ZEP holders
would not qualify for any other visa.
“Who said they don’t qualify? How do they know they
don’t qualify? If you know that you don’t qualify to be in a country, why do
you stay? They can’t force me to work outside the law, this country is not run
on feelings of people, it is run by the law. We’ve got the constitution which
must be respected by all.”
Motsoaledi denied allegations that the ANC
government was playing to the public gallery by not renewing the Special
Zimbabwean Exemption Permit (ZEP) ahead of the 2024 elections.
With the rise of Operation Dudula and other
movements calling for undocumented foreign nationals to leave the country, the
government has been accused of using the migrant crisis as a scapegoat for its
failures.
But Motsoaledi says that’s “rubbish”.
“I’ve never once scapegoated any migrant, when we
started planning ahead for the ZEP, there were no masses who were doing what
they’re doing. There was no Operation Dudula. We started at the beginning of
2021 in January knowing the ZEP was going to expire in December. We’re not
pandering to anybody, we’re just trying to manage our situation for our
democracy. People are just making wild statements without understanding how the
situation is.”
He said while the government knew just how many
asylum seekers and refugees were in the country, no one knew how many
undocumented foreign nationals were in the country.
“We do have the number of people who are refugees
in South Africa and those are under international protection. We have he
numbers because we even give them IDs. We do have the number of asylum seekers
in the country. We know the number of people who are on a work visa, and the
number of permanent residents because we report their names to parliament every
year.
“What we don’t know is the number of people who are
illegal, if we knew them then they wouldn’t be illegal. They’re hiding, and
don’t want to come out. They just arrived. We believe it is normal for any
human being when you arrive in any country to announce yourself and say I’m
here, and tell us what you’re looking for and we see how to help you. Those who
are illegal, how do we know their number because even organisations in SA,
including StatsSA are just doing estimates. Some are saying the estimate is
between 3.5 and 5 million people who are here illegally, but we don’t have such
figures, how can we have them because somebody who is illegal is exactly that.
They’re doing something illegally and did not report themselves to anyone. Many
of them don’t even want to be known.”
‘Laws rule the country, not emotions’
Motsoaledi said the end of the ZEPs had nothing to
do with emotions and xenophobia, but the laws of the country.
“I’m not going to be blackmailed into that because
if I allow myself to be blackmailed, we’ll never be able to run the state. The
special permit was not only given to Zimbabweans, it was also given to Basotho
and Angolans,”
“In 1998 only 11,000 people came to South Africa to
ask for asylum, all of a sudden in 2008, the number changed to 207,000 and most
people were from Zimbabwe, and the following year another 227,000. Within two
years, we were faced with more than 400,000 people asking for asylum. The
system was not designed for that, it was overrun and Home Affairs decided to
give them special payments in order to deal with the situation,” said
Motsoaledi.
“We said the time has arrived that normal
immigration laws must apply, so we’re not changing any law, immigration laws
have always been there. We’re saying they must apply like every other person
who comes here. It can’t be that Zimbabweans and Basotho have got a different
law to rule them when everyone else is under immigration laws.”
As Thami Swartbooi fought
to get back her stolen identity, her life stood still. She wasn’t able to get
her driver’s licence and wasn’t able to vote in any post-2006 elections. She
also wasn’t able to marry her partner after he had paid lobola.
In 2019, Thami Swartbooi spoke to Drum about her
battle that had stretched for well over a decade to get her identity back after
it was stolen. This is her story.
She lived a full life, with a promising career at a
bank and a happy home. She and her partner had big dreams – they were looking
forward to a future together as husband and wife and her little girl was growing
up fast.
But Nomathamsanqa Swartbooi’s dreams were snuffed
out in a heartbeat when she learnt she was “married” to a man she didn’t know
from a bar of soap. Her identity had been stolen – and so began over a decade
of frustration and heartache for the Johannesburg woman.
Thami, as everyone calls her, discovered the
shocking news when she went to cast her vote in the 2006 municipal elections.
To her dismay officials told her that her surname had been changed on the
voters’ roll. Thami Swartbooi was now Thami Nofemeli.
For the next 13 years she became locked in a
standoff with home affairs in a desperate effort to reclaim her identity and
prove she wasn’t married. And for 13 years the door was slammed in her face. It
was only last month she managed to get her identity back when the new minister
of home affairs, Aaron Motsoaledi, intervened after her story started making
waves in the media.
“How do you explain the fact that after fighting
for 13 years, this matter gets resolved just three days after appearing in the
media?” she says angrily.
“All of a sudden they have answers.”
It’s been a long and trying journey for Thami (43).
While she’s glad the matter has finally been resolved, she can’t help feeling
betrayed by the department whose mission it is to safeguard the identity of
citizens.
After the shock at the voting station Thami, who
lives in Finetown, Joburg South, wasted no time reporting the matter to home
affairs. Officials told her she’d supposedly tied the knot in 2005 and that the
union was valid.
“They asked me to give them six months to a year to
resolve the problem because the matter was ‘difficult’.”
Months passed and still she remained without an
identity. Thami hasn’t been able to get her driver’s licence and wasn’t able to
vote in any post-2006 elections. She also wasn’t able to marry her partner,
John Tshiwo (45).
He’d paid lobola but because she had no valid ID
they couldn’t take matters any further.
“You just live a meaningless life. It’s like you
don’t exist,” she says.
The crisis deepened when Thami discovered she no
longer qualified for credit. The mystery woman who stole her ID, who’s being
sought by home affairs and believed to be married to Thami’s false husband, was
running up debt in her name, opening accounts and getting loans.
“I was blacklisted,” Thami says. “Every time I
wanted to open a clothing account I was refused.
“At Foschini I was told I had a lay-by. I was so
shocked.”
The administrative complications of Thami’s
situation caused untold problems. In 2008 she gave birth to her son, Lwando,
and was excited that her daughter, Masibulele (now 18), had a sibling. But the
little boy’s arrival only brought more stress as she was unable to register his
birth.
“I was told if I wanted to register him, he’d have
to take the surname I was fighting to free myself of,” Thami says.
She couldn’t claim any maternity benefits either.
When Lwando was two, the family discovered he had
speech problems and took him to hospital in the hope of getting him examined.
But mother and son were turned away because the little boy had no birth
certificate. “And we didn’t have the money to take him to a private hospital.”
When the time came for Lwando to go to Grade R she
was relieved that a school in the Joburg CBD where they were living was
prepared to overlook the fact that he didn’t have a birth certificate and
accept him. His mom could fill in the requisite paperwork once she’d sorted out
her nightmare, they said.
“They were gracious,” Thami says.
In 2014 the family was forced to move from the city
centre to Finetown because they could no longer afford rent. They wanted to
enrol Lwando in a local school but he was refused because of the birth
certificate issue, so Thami now has to spend R40 a day on transport and R940 a
month on school fees for him.
Money has been tight since she lost her job at
Absa, where she was a promising temporary employee, having started as a
call-centre agent and then moved to the administration department. She was on
track to being appointed permanently but her prospects plummeted when the
company checked her credit record.
“What’s most painful is that I started the
department with the manager. Six people were hired after me and I trained them.
“They were taken on permanently, and I was left out in the cold.”
She went to job interviews but was rejected at
every turn because of her credit score.
“It became the story of my life.”
Thami hasn’t been able to work for eight years and
the family survives on what her partner makes as a technician. Without work
Thami redoubled her efforts at trying to solve the problem.
“I saw it as my job to now go to home affairs. The
staff knew me there. When they saw me they’d say, ‘Here comes trouble’.
“Some of them would tell me, ‘Don’t make your
problem our problem’, or they’d just tell me to stand there and I’d wait for
hours.”
There were times when she broke down and wept in
front of them. “That place was hell. They don’t care.”
Thami sent emails to former home affairs ministers
but nothing helped.
“I even tweeted [ former home affairs minister
Malusi] Gigaba until he blocked me.”
Eventually she approached the Wits Law Clinic,
which took Thami’s plight to the media and finally action was taken. She
received her smart ID card recently and home affairs has said it will give her
an official letter to present to debtors explaining that someone had been
impersonating her. This should lift the blacklisting.
Lwando has finally received a birth certificate, 10
years after his birth, which has overjoyed his mother.
“I am genuinely happy for my son. It really touched
my heart, even more so than when I received my ID.”
But Thami remains bitter. “Home affairs may think
they have resolved this, but I’m left with scars.
“The phone still rings nonstop from people saying I
owe them money. Others are looking for my so-called husband. “Home affairs
destroyed my life.”
Minister of home affairs Aaron Motsoaledi has
apologised “profusely” to Thami for her years of hell.
“I don’t know whether she can ever find it in her
heart to forgive [us]. What she went through was terrible. The issue I’m
apologizing about is that it took too long.”
The department of home affairs is continuing its
investigations into the circumstances surrounding Thami’s case.
Damelin, CityVarsity, Icesa City Campus and Lyceum College are reportedly being shut down after failing to submit their financial statements for 2021 and 2022.
• The department of higher education has cancelled the registrations of Damelin, CityVarsity, Icesa City Campus and Lyceum College.
• The announcement was made in the Government Gazette on Friday.
• The department`s action follows the failure by the owner of the colleges, Educor, to submit audited financial statements for the 2021 and 2022 annual reports.
The fate of hundreds of thousands of students registered with Damelin, CityVarsity, Icesa City Campus and Lyceum College hang in the balance after the institutions` registrations were cancelled by the department of higher education. Read more…
In exciting news for digital nomads, South Africa will launch a new digital nomad visa featuring two categories: a remote working visa and a critical skills visa.
These visas aim to attract remote workers and skilled professionals globally as part of South Africa’s efforts to position itself as a global hub. Once put into action, this move will establish the country as only the fifth African nation offering this kind of visa to people who spend long periods working in different countries. Read more…
We asked the major contestants of the 29 May elections about immigration. Illustration: Lisa Nelson
Today’s questions and answers to the major political parties deal with immigration.
We emailed our questions to the ANC, DA, EFF, IFP, FF Plus, ActionSA, PA, MK Party, and RISE Mzansi on 13 March and sent follow-up queries to those who did not respond. Some have still not responded.
Answers are very lightly edited for grammar and typos.
Does your party support continued extensions of the Zimbabwe Exemption Permit (ZEP)? Read more…
Short on time? Here are the highlights:
• Following recent announcements from British Columbia and Ontario, Nova Scotia becomes the latest Canadian province to declare how its quota of study permit applications for 2024 will be distributed across sectors and institutions
• As in Ontario, private institutions and language schools stand to be the most negatively affected by the distribution arrangement, but some public universities will also see significant reductions in study permit applications
• All Canadian provinces have now distributed their allocation of study permit applications for 2024, and all are now also issuing provincial attestation letters (PALs) Read more…
I recently renewed my passport at Home Affairs in a bank branch and was very impressed with the service and quick turnaround time.
The Department of Home Affairs (DHA) and major banks first launched the option to do Smart ID card and passport applications via select bank branches in 2016.
It has slowly grown to around 30 locations, including branches from Absa, Discovery Bank, FNB, Investec, Nedbank, and Standard Bank. Read more…
The Department of Home Affairs (DHA) has spent over R412.95 million in legal fees since the start of the 2018/19 financial year – with over R117.69 million of this spent between 1 April 2023 and 29 February 2024.
This was revealed by the Minister of Home Affairs, Aaron Motsoaledi, in a recent written response in parliament.
DHA has seen an exponential increase in the amount that it spends on litigation, with the current amount for 2023/24 (note these figures are until the end of February, several months short of the full financial year) nearly 16 times that of the amount spent in 2018/19. Read more…
With just a few weeks to go until the 2024 elections, the Department of Home Affairs has publicized the nation`s identification document (ID) process.
The department acknowledges the critical role of voter identification in facilitating participation and ensuring electoral fairness.
Delays and inefficiencies at Home Affairs have historically impeded the democratic right to vote, particularly affecting those in rural areas. Read more…
Asylum, Asylum Seeker, Business Permit, Citizenship, Corporate Permit, Financially Independent Visa, General, Life Partner Permit, Medical Permit, Permanent Residence, Relative Permit, Research Permit, Retirement Permit, Spousal Permit, Study Permit, Travel, Visa, Visitors Permit, Volunteer Permit, Work Permit 
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