Changing from a tourist visa to volunteer visa onshore is possible

We explain in terms of the Immigration act 2002 South africa that changing from a tourist visa section 11 (1) tourist visa to Section 11 (1 (b ) (ii) Volunteer visa is permissible under the immigration act as it is a change of conditions . There is a legal precedent and we expand on this below .

In South Africa, the Immigration Act 2002 (as amended) governs immigration matters.
Change of Conditions vs. Change of Status
Section 10 of the Immigration Act 2002 distinguishes between a change of conditions and a change of status:
• Change of Conditions: Section 10(2)(b) allows for the renewal or extension of a visa, or the change of conditions attached to a visa.
• Change of Status: Section 10(2)(a) requires a new application for a different visa category.
Tourist Visa (Section 11(1)) to Volunteer Visa (Section 11(1)(b)(ii))
In this specific scenario, changing from a tourist visa (Section 11(1)) to a volunteer visa (Section 11(1)(b)(ii)) is considered a change of conditions.

Legal Precedent:

The court case that supports this interpretation is:
In this case, the Western Cape High Court held that:
"...where an applicant seeks to change the purpose or conditions of their stay, but remains within the same category of visa, such application constitutes a change of conditions and not a change of status."
This ruling implies that changing from a tourist visa to a volunteer visa, which falls under the same category (Section 11(1)), constitutes a change of conditions.

Supporting Legislation:
Section 10(2)(b) of the Immigration Act 2002 supports this interpretation:
"(2) A foreigner who has entered the Republic in terms of a visa may—
(b) apply for the renewal or extension of such visa or for a change of conditions attached to such visa..."

Conclusion:
Based on the Immigration Act 2002 and the Bato Star Fishing court case, changing from a tourist visa (Section 11(1)) to a volunteer visa (Section 11(1)(b)(ii)) is considered a change of conditions, which is permissible under South African immigration law.

This principle in law is covered in a more recent constitutional case “ Rayment & Others vs Minster of Home Affairs and Others , Case No CCT 176 /22 with judgement granted on 4 December 2023 .

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Home affairs pins hopes on AI to boost productivity, reduce errors

May 2025 Budget: Digital transformation at the Department of Home Affairs (DHA) will see the ministry prioritise the use of artificial intelligence (AI) over the next three years.

This is in an effort to streamline routine tasks and reduce the need for human intervention, according to the updated Estimates of National Expenditure (ENE) document that coincides with the budget speech.

The ENE is tabled in Parliament with the Appropriation Bill. It provides detailed information based on the allocations set out in the Bill, as well as government’s proposed spending plans and resource allocations for the full medium-term expenditure framework (MTEF) period (2025/26 to 2027/28).
According to the DHA, the AI-driven advancements will look to increase the speed of processing applications and reducing rates of error, helping to address capacity shortages by implementing fit-for-purpose technology tailored to specific use cases.
“Once rolled out, the electronic travel authorisation solution is expected to rely on artificial intelligence to process applications for travel documents,” says the document.

“The prototype of this solution will be expanded to all visa or permit categories at a projected cost of R100 million over the medium-term.”
marginally from R12.1 billion in 2024/25 to R12.5 billion in 2026/27, before decreasing to R12.1 billion in 2027/28.

This, it notes, is due to additional allocations in 2026/27 of R885 million to the Electoral Commission for the 2026 local government elections, and R306 million to the Border Management Authority to enhance border security and improve the management of South Africa’s ports of entry.
In the ENE, the DHA highlights that lack of a modern, digital system for processing applications, adjudicating cases and communicating outcomes creates national security vulnerabilities and inefficiencies because outdated paper-based processes are prone to fraud, corruption and discretionary misuse, making them susceptible to manipulation.

“Comprehensive digital transformation remains a priority for the department, and technical solutions are required to address persistent challenges. As such, over the MTEF period, the department plans to mitigate the vulnerabilities caused by manual processes through expediting the digitisation of paper records.
“To this end, it is expected that a total of 27 million civic service records – including birth, marriage and death certificates, as well as amendments – will be digitised per year over the MTEF period. As funding for this was allocated only until 2023/24, R300 million is reprioritised from the department’s baseline in 2025/26 to continue this work.”

Over the period ahead, the department also plans to ensure all its services are fully automated, digitised and accessible online.
“Citizens who require routine civic services, such as applying for or renewing smart identity cards, passports or certificates, should be able to do so through a secure online platform that is integrated with their captured biometric data.

“Applications will be processed by an automated risk engine, requiring department personnel interventions only when anomalies are detected. Upon completion, these documents will be delivered directly to clients in South Africa or abroad. These activities are funded through the citizen affairs management subprogramme in the citizen affairs programme, which is allocated R427.3 million over the medium-term.”

For the 2025/26 financial year, the DHA is targeting 220 mobile offices to be functional, saying these will be equipped with the required hardware, systems and connectivity to operate as standard home affairs offices, and will be deployed specifically in areas with populations of 40 000 or less.

“Funds for this, amounting to an estimated R45 million in 2025/26, are allocated in the citizen affairs management and service delivery to provinces’ subprogrammes in the citizen affairs programme.

“To facilitate the application process for smart identity cards and passports, the department also plans to roll out virtual interactive self-service kiosks in 2025/26, which will enable clients to reprint birth, marriage and death certificates. These kiosks will be installed in 66 non-modernised offices at a projected cost of R60 million.”

“The days of ‘system offline’ need to come to an end,” said home affairs minister Dr Leon Schreiber last year. “In order to achieve this, we need to embrace modern technological solutions.”

Is there a way to appeal an overstay penalty, and how do I do it?

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The Constitutional Court 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 temporary residence visa . Contact us now before this fantastic opportunity is lost .
Contact us now and ask me HOW CHANGE TO TEMPORARY RESIDENCE . Travel abroad from South Africa , get a Canada , Schengen Visa afterwards .
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
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Identity theft accused allegedly helped by home affairs official charged with fraud

KwaMhlanga Magistrate’s Court charged Alfred Ubissi, 31, with fraud and corruption for allegedly obtaining an ID illegally with the help of a home affairs official.
• Alfred Ubissi, 31, was charged with fraud and corruption for allegedly obtaining an ID illegally with the help of a home affairs official, Violet Mabena.
• Mabena reportedly charged R20 000 for the forged document.
• She allegedly took Ubissi’s fingerprints, crafting an ID with someone else’s details but Ubissi’s photo.

A 31-year-old accused of identity theft, with the alleged assistance of a Department of Home Affairs official, was charged with fraud and corruption in the KwaMhlanga Magistrate’s Court on Friday.

The Directorate for Priority Crime Investigation (Hawks) said they arrested Alfred Ubissi, believed to have been born in South Africa to a Zimbabwean father and a Mozambican mother, on Thursday on charges of fraud and corruption.
According to the Hawks, Ubissi allegedly approached Violet Mabena, a home affairs official, in 2021 to arrange an ID, as he was born to parents from two different neighbouring countries.

“The two parties entered into an agreement, and the home affairs employee put a price tag of R20 000 to finalise the deal,” the Hawks said in a statement.
The Hawks said that according to their information, Mabena arrived at Ubissi’s home on the agreed day with a fingerprints form and inkpad, where she proceeded to take his fingerprints.

“[She] completed the names reflecting on the birth certificate belonging to an unknown person to the suspect. It is alleged that after fingerprints were taken, Mabena was paid R3 000,” said the Hawks.

“Four months later, in December 2021, Mabena came to the suspect’s place with the identity document bearing the suspect’s photo, but somebody else’s name and surname.”

The Hawks received information from a reliable source, prompting an investigation that led to the court issuing a warrant of arrest against Mabena.
Mabena was arrested at her workplace in November last year.

She appeared in the KwaMhlanga Magistrate’s Court on the same day and was released on R3 000 bail.
“An intense investigation led the court to issue a warrant of arrest against the suspect [Ubissi],” said the Hawks.
The head of the Directorate for Priority Crime Investigation in Mpumalanga, Major-General Nico Gerber, expressed satisfaction with the professional investigation and stated that he believes justice will be served.
“We will not tolerate corruption in whatever form and will persevere in ensuring justice is served,” he said.

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