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Motsoaledi has made up his mind’: ZEP non-renewal will affect many lives, court hears
There are no prospects of success for Home Affairs` appeal application, according to the respondents.
The Helen Suzman Foundation has insisted that Home Affairs Minister Aaron Motsoaledi’s decision to terminate the Zimbabwean Exemption Permit (ZEP) programme without formal consultation was not in line with the law.
The full bench of the Gauteng High Court in Pretoria heard the Department of Home Affairs’ leave to appeal application on Monday.
Motsoaledi and Home Affairs director-general Tommy Makhode, who are the applicants in the litigation, are seeking an order to argue its case before the Supreme Court of Appeal (SCA).
This follows the high court’s 28 June ruling which declared the termination of the ZEP unlawful and set it aside.
In their judgment, Judges Colleen Collis, Mandlenkosi Motha and Gcina Malindi ruled the matter go back to Motsoaledi for reconsideration due to the minister’s failure to conduct a proper public participation process.
The court also declared, pending the process, the ZEP would remain valid for the next 12 months.
‘Zero prospects of success’
Advocate Carol Steinberg, counsel for the Helen Suzman Foundation, argued during court proceedings that Motsoaledi failed in his duty to open formal discussions with permit holders before making a decision on the non-renewal of the ZEP in November 2021.
“It is common cause that this decision impacted on the lives of 178 000 people and their children and of course, all the South Africans whose lives are inextricably bound up with the 178 000 and in law there is a watertight obligation to hear what affected people have to say before a decision impacting on their lives is made.
“It is the first principle of natural justice. It’s common cause that the minister did not in fact hear from the affected people before making the decision {to terminate the ZEP] … he called for representations later,” she told the same full bench on Monday.
Steinberg said it did not matter whether the Promotion of Administrative Justice Act (PAJA) or the principle of legality was at play in the case.
“There is no court in South Africa that would ever say the minister would make a decision which profoundly impacts on the lives of many people without hearing from them first. This affects people’s whole lives, where they live, where their children go to school [and] how they earn a living,” the advocate said.
Earlier, Advocate William Mokhare had argued the court erred in its ruling by relying on the PAJA in determining that Motsoaledi did not afford ZEP holders a reasonable opportunity to make representations.
Watch proceedings below:
Steinberg, however, said there were no “realistic” prospect of success regardless of Home Affairs’ arguments.
“A mere possibility of success, an arguable case, or one that is not hopeless is not enough. In short, our argument is that there are actually zero prospects of success in this case,” she continued.
“The SCA, on repeated occasions, has frowned upon high courts granting leave to appeal where there is just no prospect of success and our submission is that there really can’t be.”
She said there was “no evidence” Motsoaledi applied his mind to this case and asked a punitive costs order against the minister.
“If there should be a genuine, non-frivolous challenge to the constitutionality of a law or state conduct, it is appropriate the state bear the costs if the challenge is good.
“So … there can never be a chilling affect on government in defending its conduct or a law because the state has a budget and needs to have a budget to defend its conduct or laws,” Steinberg said.
‘Minister has made up his mind’
Advocate David Simonsz, representing the Consortium for Refugees and Migrants in South Africa (Cormsa), supported Steinberg’s submissions, saying there were no compelling grounds to grant the appeal.
“Even on the principle of rationality, which is a common cause, there needs to be a fair opportunity to affect the mind of the decision-maker.
“The minister has been quoted on record as indicating that he has made up his mind on this issue,” the advocate told the court.
Simonsz argued the court’s judgment was not intended to allow the ZEP to continue indefinitely.
“The court sent this decision back to the minister,” he said, adding Home Affairs should reconsider the matter within the 12 months period afforded by the court in its initial ruling.
“The path is a clear one… what the minister should do is take the opportunity afforded to him by this court to follow a lawful process and make whatever decision he chooses to make once he takes into account the just and proper submissions and representations of those affected. That is the proper way forward.”
Judgment reserved
Meanwhile, Collis said the court’s judgment would be reserved and handed down after recess period.
“We are going to reserve our judgment on those two applications for leave to appeal, and then we will hand it down as soon as it is ready.
“Parties must bear in mind that the court is now on recess, so we accommodated the hearing of this application because you had set through the request during term already, but we will only hand down the judgment once the new term commences. We will advise the parties, and it will be uploaded onto case lines,” she said.
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Govt responds to passport rushGovt responds to passport rush
GOVERNMENT has extended operating hours at the Civil Registry Department after its offices were flooded with desperate Zimbabweans applying for passports. Snaking queues have emerged at the Civil Registry Department offices countrywide after Finance minister Mthuli Ncube proposed an increase in passport fees beginning next month. Ncube said he would increase fees for an ordinary passport from US$120 to US$200, while an emergency travel document will be priced at US$300 up from US$200. V.5108
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06. Dec. 2023 BBC NewsCouples `devastated` by migration visa rule changes
Scientists Josie and Joan Ferrer Obiol says their dream of returning to the UK has been turned upside down Couples planning a new life in the UK have been left heartbroken by changes restricting who can apply to live here. From April 2024, British citizens or people already settled in the UK will need to show they earn £38,700 before their overseas partner can live here with them - a sharp jump from the current threshold of £18,600. They also still need to show they are in a marriage or civil partnership when they apply for a family visa, intend to be within six months, or that they have been living together for at least two years. V.5109
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06. Dec. 2023 SABCSouth Africa is first African country added to Saudi Arabia’s e-visa
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05. Dec. 2023 France24UK announces limits on regular migration as it tries to turn polls around
London (AFP) Britain`s embattled Conservative government unveiled a raft of measures Monday aimed at cracking down on record levels of migration a key battleground in a general election expected next year. Home Secretary James Cleverly unveiled proposals to cut regular migration. The UK announced it would raise the minimum salary threshold for a skilled worker visa and prevent overseas health and social care staff from bringing family dependents to Britain. V.5106
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05. Dec. 2023 News24Foreign parents: Constitutional Court declares parts of Immigration Act unconstitutional
The Constitutional Court has ruled that parts of the Immigration Act are unconstitutional. • The Constitutional Court has declared sections of the Immigration Act invalid and unconstitutional as they discriminate against foreign divorced and separated parents. • According to the act, a foreigner on a spousal visa must leave the country when their relationship with a South African ends, even if they have children together. • The court gave Parliament 24 months to make the necessary amendments to the act, so it is consistent with the Constitution. V.5107
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04. Dec. 2023 Pro Bono & Human RightsThe right to apply for asylum in South Africa
The Constitutional Court (CC) recently handed down an important judgment which speaks to the right to apply for asylum in South Africa. Over the past several years, we have seen more and more anti-foreign national rhetoric in the public domain, with even high-ranking government officials contributing to the narrative that foreign nationals are the cause of many of South Africa’s issues. This has resulted in a continuingly shrinking safe space for foreign nationals who intend on seeking refuge in the country. Given our current socio-political climate, this judgment comes at a critical time where the rights of vulnerable people must be protected, in line with our international and domestic obligations. At a glance. V.5100
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04. Dec. 2023 News24Sting operation prevents 443 Zimbabwean children being trafficked into South Africa, says home affairs
42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • On Saturday evening, 42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • According to home affairs, 443 unaccompanied minor children were found on the buses. • It is alleged that the children were being trafficked into South Africa. The Border Management Authority (BMA) at the Beitbridge border post has stopped more than 40 buses carrying about 440 unaccompanied children, who were allegedly being trafficked into South Africa. V.5101
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04. Dec. 2023 News24Sting operation prevents 443 Zimbabwean children being trafficked into South Africa, says home affairs
42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • On Saturday evening, 42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • According to home affairs, 443 unaccompanied minor children were found on the buses. • It is alleged that the children were being trafficked into South Africa. The Border Management Authority (BMA) at the Beitbridge border post has stopped more than 40 buses carrying about 440 unaccompanied children, who were allegedly being trafficked into South Africa. V.5102
Click here for full article
04. Dec. 2023 News24Sting operation prevents 443 Zimbabwean children being trafficked into South Africa, says home affairs
42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • On Saturday evening, 42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • According to home affairs, 443 unaccompanied minor children were found on the buses. • It is alleged that the children were being trafficked into South Africa. V.5103
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04. Dec. 2023 Immigration TorontoExploring Canada`s rental cost, Most and least expensive cities
Each year, Canada attracts numerous international students who enter the country by obtaining study visas and permits. These students are required to adhere to specific conditions throughout their academic journey. One crucial aspect that international students often consider is Canada’s rental cost. One major issue affecting international students’ entire experience in Canada is the expense of renting. It is crucial that they comprehend and budget for the costs related to housing while they are studying in the nation. Furthermore, international students looking for accommodation in Canada may make better decisions if they are aware of the rental circumstances and market trends. V.5104
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04. Dec. 2023 SA MigrationProtection of asylum seekers and of children facing lifelong statelessness highlighted in two significant South African decisions, case note extracts
Asylum seekers face huge obstacles trying to reach a country that can offer them refuge. One of their greatest challenges is the risk of detention on arrival because their entry to the country is unauthorised. Now a landmark judgment reinforces protection of asylum seekers and respect for their right to seek and enjoy asylum even if they are in the country unlawfully, while the state’s responsibility in cases of statelessness, another major problem for refugees, is considered in a second decision. Asylum seekers face numerous obstacles as they strive to reach a country that can offer them refuge. One of the greatest challenges they encounter is the risk of detention upon their arrival. This is because they often enter countries through unauthorized means like using false documentation, entering without proper authorization, and relying on smugglers to assist them. V.5105
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29. Nov. 2023 Global MigrationLatest updates in global immigration
This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Australia, Denmark, Hong Kong, Israel, the Netherlands, Sweden, Switzerland and the United States. Australia: Start date set for permanent residence changes The Department of Home Affairs has set a start date of 25 November 2023 (subject to the approval of regulation changes) for its previously announced changes to the employer-sponsored permanent residence programme. From that date, all Temporary Skill Shortage (TSS) (subclass 482) visa holders will be able to access permanent residence via the Temporary Residence Transition (TRT) stream of the Employer Nominated Scheme (ENS) (subclass 186) visa. V.5098
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29. Nov. 2023 Associated Australian PressHome affairs boss Pezzullo sacked after leaked texts
Mike Pezzullo has been sacked as head of the home affairs department after a code of conduct breach finding. Mr Pezzullo was stood down after leaked messages revealed the secretary repeatedly inserted himself into the political process. The governor-general in council terminated his appointment on Monday. The texts revealed he lobbied for his department and pushed his personal views, in breach of public service standards, across a five-year period. It is not suggested the messages show corrupt or illegal conduct. Home Affairs Minister Clare O`Neil referred the matter to the Australian Public Service Commissioner after concerns were raised following media reporting of the messages. V.5099
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28. Nov. 2023 Associated Australian PressHome affairs boss Pezzullo sacked after leaked texts
Mike Pezzullo has been sacked as head of the home affairs department after a code of conduct breach finding. Mr Pezzullo was stood down after leaked messages revealed the secretary repeatedly inserted himself into the political process. The governor-general in council terminated his appointment on Monday. The texts revealed he lobbied for his department and pushed his personal views, in breach of public service standards, across a five-year period. It is not suggested the messages show corrupt or illegal conduct. V.5097
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27. Nov. 2023 Digital JourneyIndia Provides Enhanced Online Visa Access to Citizens of South Africa, Switzerland, New Zealand, and Bulgaria
India, a country renowned for its diverse landscapes and rich cultural heritage, is pleased to announce that citizens of South Africa, New Zealand, Switzerland, and Bulgaria can now enter the nation without a visa. This progressive step demonstrates India`s commitment to forging international connections, boosting tourism, and expediting the visa application process for travelers from these nations. Indian history, culture, and scenic landscape have long drawn travelers from all over the world. Travelers from these countries are invited to experience India`s famous sites, varied customs, and stunning scenery thanks to the increased visa access. V.5096
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23. Nov. 2023 The SowetanSham doctor case leads police to fake identity syndicate within home affairs
The NPA is waitng on Interpol results on Kingsley Chele`s identity verification. More than 370 fraudulent documents issued by public servants An investigation into the two identity documents belonging to bogus doctor Kingsley Leeto Chele led to police cracking an alleged syndicate involving home affairs officials who are accused of selling documents to illegal immigrants. A source close to the investigations has revealed how the syndicate had issued over 370 fraudulent documents and had been charging more than R2,000 per applicant. V.5092
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23. Nov. 2023 News24How much does a tourist visa cost for the UK, USA, Australia, and most Schengen Zone countries?
The visa application process in South Africa includes a load of paperwork, appointments made way in advance and a heavy fee. Getty Images • South Africa has one of the world`s `weakest` passports. • This means we often need to buy pricey visas to visit foreign countries. • Here`s how much you`ll pay for several popular tourist visas and how long they take to process. V.5093
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23. Nov. 2023 iolCape Town woman allowed to emigrate with her two children to live in Dubai with US fiancé
relocate to Dubai with her children where they will be living with her American fiancé. The woman was married and got divorced from the father of her children in January 2016. The children were eight and three when their parents divorced. At the time of the divorce, both parties lived in Durban. In March 2019, the woman relocated with the children to Cape Town. The father would visit the children and sometimes they would visit him. In 2020, she started dating GJ, an American citizen. She said for almost two years, they have been living together with GJ as a family. V.5094
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23. Nov. 2023 BusinesstechReverse emigration twist for South Africa
Although many wealthy South Africans are packing their bags for the UK, new migration data shows that the inverse is also true. The latest Wealth Migration Report 2023 from Henley & Partners and New World Wealth shows that around 400 High Net-Worth Individuals (HNWIs) those with a net worth of over US$1 million (roughly R18 million) emigrated out of South Africa in 2022 with a further 500 leaving the country in 2023. The UK is an emigration hotspot for South Africans with the 2021 UK census noting that over 215,000 South Africans live on the island. V.5095
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22. Nov. 2023 Human Rights WatchSouth Africa Mulls Major Immigration Overhaul
Migration may be an increasingly contentious issue in South Africa, but that does not justify taking an axe to refugee rights and chipping away at the country’s commitments under the United Nations’ 1951 Refugee Convention, as the Department of Home Affairs (DHA) recently proposed alongside other immigration reforms. V.5088
