Articles
ZEP saga, Helen Suzman Foundation takes on Home Affairs minister in ConCourt
The Helen Suzman Foundation (HSF) has gone to court to oppose a bid by Home Affairs Minister Aaron Motsoaledi to appeal against a ruling that he may not terminate the Zimbabwean Exemption Permit (ZEP) programme.
The Foundation has filed papers in the Constitutional Court opposing an application by the Minister for leave to appeal against a Pretoria high court ruling which found his decision to be unlawful and unconstitutional. The Foundation says the unlawfulness of Motsoaledi’s decision to stop the ZEP had been determined on undisputed “common cause” facts which simply cannot be appealed.
The main premise for the high court ruling was that the Minister had not consulted with the affected 178,000 permit holders prior to making the decision. The Minister had also not personally deposed to an affidavit in the matter.
The high court set aside the decision to stop the ZEP and sent the matter back to the Minister to make a fresh decision, following a fair, consultative process. It refused an application by the Minister for leave to appeal and the Supreme Court of Appeal recently dismissed his appeal on the grounds that it had no prospects of success.
The Minister has now turned to the Constitutional Court. Director-General Livhuwani Tommy Makhode, in his affidavit, said the high court should have found that the Minister had consulted, albeit after the fact, and had justified the limitation of ZEP holders’ rights, including by submitting that conditions in Zimbabwe had improved.
He said the high court order effectively meant that the Minister could never terminate the programme.
But Naseema Fakir, the acting executive director of the Helen Suzman Foundation, said in her affidavit that the Foundation had not requested the high court to find that the Minister could never stop the programme.
She said because termination of the programme would have profound consequences, “in order to be valid, it must follow a fair and procedurally rational consultation process, be consistent with fundamental constitutional rights and be based on lawful, rational and reasonable grounds”.
She said the Minister’s “abrupt decision” to terminate the programme had placed in jeopardy the lives and rights of the 178,000 Zimbabweans and their children who had been living, working, and studying in South Africa since 2009.
The high court’s ruling was “persuasive and comprehensive”, she said.
“The court made findings that are entirely dispositive [settle/end it] of this application to leave to appeal. First, on the common cause facts, the Minister decided to terminate the programme without any prior consultation with ZEP holders, civil society or the wider public.
“Second, he inexplicably failed to depose to any affidavit in the proceedings, meaning there was no admissible evidence before the court that the minister had applied his mind to the staggering impact that his decision would have on the rights of ZEP holders and the best interests of their children.
“The consequences of these two facts is that the decision was patently unlawful.
“Unless this court finds these common cause factual findings are wrong, the unlawfulness of the minister’s decision is undisputable.”
Fakir said in the high court the Foundation had described in detail the impact of the decision on ZEP holders and their children, who would be left undocumented due to the legal and practical barriers to securing alternative visas and permits.
The Foundation had put up supporting affidavits of ZEP holders and circulars issued by the department reflecting ongoing backlogs and delays in processing alternative visas and permits.
These facts had been met with bald denials and evasion from the Director-General who adopted a “slippery and entirely inconsistent stance”, she said.
Read more in Daily Maverick: Former Helen Suzman Foundation chief granted court order to halt cyberbully after ZEP challenges
It was not open to dispute that the Minister had not consulted prior to making the decision, she said.
After making the decision, the Minister and his lawyers had “told the world” that his decision was final and not open to change and that he regarded the Foundation’s review application as “creating false hope”.
Nitpicking
“The Minister’s nitpicking at parts of the full court’s judgment does not establish real grounds of appeal or any reasonable prospects of success,” Fakir said.
The Consortium For Refugees and Migrants In South Africa (Cormsa) has also filed papers opposing the Minister’s application for leave to appeal. The Consortium raises similar grounds, arguing that the high water mark of the Minister’s case was that it mattered not that he did not consult prior to making the decision, as long as an opportunity was given after the decision “in order to have it changed or modified”.
“Even if this is correct (which is denied), the Minister has explicitly stated that he was not willing to change or modify his decision. The decision was hence either unfair under the Promotion of Administrative Justice Act (Paja) or irrational under the Constitution. These are the conclusions reached by the high court and there is no reasonable prospect that any other court would come to a different conclusion,” executive director Thifulufheli Sinthumule said in his affidavit.
Also, the Minister had extended the ZEP programme until 29 November 2025 so he could not now argue that he was constrained by the High Court’s ruling, Sinthumule said.
V.5249
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
27. Aug. 2024 Sowetan Live
Court rules in favour of traditional wife and nullifies civil marriage
Hilda Sedinjane turned to the Limpopo High Court in Polokwane for an order that she be recognised as the true wife of deceased Seabela Malatji. The parties concluded a customary marriage in 1988 as evidenced by a lobola certificate and four children were born of the marriage. V.5574
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
26. Aug. 2024 Cape Times
Outdated systems expose Home Affairs
Home Affairs Minister Leon Schreiber on Tuesday said his department should urgently embrace technology, or South Africas national security would be under threat. Schreiber said the problems in the issuance of fraudulent visas pointed the department towards a solution that lay in embracing digital transformation in all its facets and across the department. V.5571
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
26. Aug. 2024 Polity
Home Affairs committee wants inspectorate unit strengthened to track foreign nationals
The Portfolio Committee on Home Affairs pointed out that while the deportation of 95 Libyan nationals has been effected, the need to strengthen the inspectorate unit of the department is necessary and called for an enhanced monitoring tool to track foreign nationals in the country. Earlier this week, the Department of Home Affairs (DHA) concluded its preparations to deport the 95 Libyan nationals, after they were arrested in White River, Mpumalanga, last month. V.5572
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
23. Aug. 2024 Sowetan Live
Two more people caught over IDs-for-sale scam
Duo`s arrests follow that of home affairs office cleaner Office cleaner Rhandzu Chauke with family and lawyer outside the Pretoria magistrates court, this after appearing on the charge of theft of home affairs stamp. The arrest of two undocumented Mozambican nationals in connection with the selling of fake IDs has lifted a lid on an alleged documents-for-cash scheme believed to be happening at the home affairs office in Centurion. V.5562
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
23. Aug. 2024 TIMES TRAVEL
How to apply for Greece tourist visa: A step-by-step guide
Synopsis Travelers planning to visit Greece need a Schengen visa. The process includes scheduling an appointment, filling out an application form, submitting required documents, attending an interview, and waiting for processing. Greece is a gorgeous European nation noted for its iconic island destinations such as Santorini and Mykonos, among others. Those planning a trip to Greece, applying for a tourist visa is a must. Because Greece is a European nation, youll need to apply for a Schenegen visa. However its an easy process if you are aware of all the necessary steps carefully. V.5564
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
23. Aug. 2024 Daad
Austria Job Seeker VISA With Family VISA Application Process
Ever dreamt of swapping your daily grind for a life filled with stunning mountain views, world-class music, and enough pastries to make your heart sing? Well, Austria is ready to roll out the red carpet for you! One of the key pathways to entering Austria as a skilled worker is through the Austrian Job Seeker Visa (Category D). V.5566
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
23. Aug. 2024 Daily Maverick
Deadly Marabastad stampede sheds light on struggles of undocumented migrants in SA
Police are investigating a stampede that took place at the Home Affairs offices in Marabastad in Pretoria in which one person died and 20 more were injured. The story of Chidimma Vanessa Adetshina and how she became a contestant in the Miss South Africa pageant has cast notions of nationality and access to documentation for foreign nationals living in South Africa into the spotlight. V.5568
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
23. Aug. 2024 DW
New Zealand: Emigration soars amid economic woes
New Zealand`s population of 5.3 million grew by just 0.1% (7,000) in the second quarter of 2024 as the number of those leaving the country reached well over 100,000 in the first half of the year, official statistics showed on Monday. The practical stagnation in population growth comes despite record numbers of arrivals in recent years driven largely by the island nation`s reputation for high living and working standards and as a haven of security in an increasingly troubled world. V.5569
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
23. Aug. 2024 DW
New Zealand: Emigration soars amid economic woes
New Zealand`s population of 5.3 million grew by just 0.1% (7,000) in the second quarter of 2024 as the number of those leaving the country reached well over 100,000 in the first half of the year, official statistics showed on Monday. The practical stagnation in population growth comes despite record numbers of arrivals in recent years driven largely by the island nation`s reputation for high living and working standards and as a haven of security in an increasingly troubled world. V.5570
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
21. Aug. 2024 IOL
Visa backlog: Portfolio committee welcomes overtime approval for Home Affairs officials
The Portfolio Committee on Public Service and Administration has welcomed the approval of overtime for Home Affairs officials to reduce the visa backlog. This comes after Minister of Public Service and Administration, Inkosi Mzamo Buthelezi and his department granted the overtime request from Homes Affairs Minister Leon Schreiber for the next three months to meet target and reduce the backlog. V.5560
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
20. Aug. 2024 News 24
While Schreiber wants to bring dignity to Home Affairs, xenophobia rears its head in budget debate
Several parties represented in Parliament blamed undocumented migrants for crime and draining social services during the debate on the Department of Home Affairs` budget. Claims undocumented migrants are disproportionately responsible for crime or are depleting South African taxes without contributing, have previously been debunked. New Home Affairs Minister Leon Schreiber said he wanted to bring dignity back to the department`s work. V.5555
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
20. Aug. 2024 Groundup
Judge slams law firm for misleading court with `cut-and-paste` applications targeting refugees
Gauteng Judge President Dunstan Mlambo has slammed a firm of attorneys and an advocate for `cut-and-paste` work in cases involving refugees. He ordered them to pay out of their own pockets for costs awarded in these cases. Manamela MA Attorneys was running a `cottage industry`, preying on vulnerable refugees, Mlambo said. A firm of attorneys and an advocate have been ordered to pay the costs, from their own pockets, of six `cut-and-paste` applications involving refugees seeking asylum, GroundUp reports. V.5556
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
20. Aug. 2024 My Broadband
How to get your new Smart ID at a bank
South Africans looking to upgrade their green ID booklet to a smart ID card can book an appointment to do so using the Department of Home Affairs (DHA) eHomeAffairs platform. Moreover, the system allows applicants to book appointments at DHA-supported bank branches across the country, meaning they never have to step foot in a Home Affairs office or face the associated queues. V.5557
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
20. Aug. 2024 SowetanLive
How stolen home affairs stamp led to cleaner`s bust
A year and four months after a stamp used to authenticate documents was stolen at a home affairs office, a 24-year-old man presented a birth certificate bearing the same stamp to apply for an ID. The certificate, however, was found to be fake and was produced four months after the stamp was stolen. V.5559
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
19. Aug. 2024 SABC 3
Spaza shop owners cry foul regarding Gauteng government funding
Local entrepreneurs and spaza shop owners have lashed out at the Gauteng Department of Economic Development for failing to deliver on their promises which were part of the R100 million Kasi Mnotho Fund. The fund was aimed at offering strategic loans and empowering businesses to secure trading stock, equipment, machinery and working capital. This initiative was promised to business owners in an attempt to foster entrepreneurship and propel economic growth in Gautengs townships. V.5552
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
19. Aug. 2024 IOL
Identity fraud rockets in SA
Identity fraud is on the increase in South Africa, with the latest fraud statistics recording a 400% surge in impersonation fraud from April 2023 to April 2024. Fraud statistics from the Southern African Fraud Prevention Service (SAFPS) have also revealed that impersonation fraud increased by a staggering 356% from April 2022 to April 2023. V.5553
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
16. Aug. 2024 EWN (EYEWITNESS NEWS )
Father unable to register his son because he is not the mother
For the past eight years, Mqokeleli Sigwintshi has been trying to get a birth certificate from the Department of Home Affairs for his son, who is now nine years old. Sigwintshi said in 2015, his wife, with whom he had a traditional marriage, gave birth to their son at the Willowvale Health Centre. A year later, his wife visited her family in Mthatha. V.5550
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
14. Aug. 2024 Reuters
People leave New Zealand in record numbers as economy bites
People are leaving New Zealand in record numbers as unemployment rises, interest rates remain high and economic growth is anaemic, government statistics show. Data released by Statistics New Zealand on Tuesday showed that 131 200 people departed New Zealand in the year ended June 2024, provisionally the highest on record for an annual period. Around a third of these were headed to Australia. While net migration, the number of those arriving minus those leaving, remains at high levels, economists also expect this to wane as the number of foreign nationals wanting to move to New Zealand falls due to the softer economy. The data showed of those departing 80 174 were citizens, which was almost double the numbers seen leaving prior to the Covid-19 pandemic. V.5548
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
14. Aug. 2024 SABC3
De Lille calls for concerted efforts for tourism to grow SA economy
Tourism Minister Patricia de Lille has called for concerted efforts to ensure that the potential of the tourism sector to grow the economy is realised. The sector is one of the apex contributors to the economy. The country is seeking to attract 15 million tourists to South Africa by 2030 as the National Development Plan envisages. V.5549
Click here for full article
Deprecated: Function strftime() is deprecated in /home/samiglpg/public_html/article_full_V01.php on line 324
13. Aug. 2024 Zimoja News
Driven by a desire for a luxurious lifestyle
A Congolese national was sentenced to 12 years for corruption and other crimes. CRIMINAL SYNDICATES Congolese national Tiny Mtumba (36) was sentenced to 12 years and 3 months imprisonment for fraud, theft, and contravention of the Immigration Act by the Palm Ridge Commercial Court in the East Rand in Gauteng on Thursday. V.5547