SA ‘desperately needs’ lasting power of attorney legislation


South Africans should be allowed to appoint someone who can look after their well-being and assets when they cannot do so themselves. 


Normal power of attorney lapses when the person who extended the power loses the legal capacity to act. Image: AdobeStock 

Calls for the introduction of lasting or enduring powers of attorney (LPA or EPA) into South African legislation from several quarters over many years have been falling on deaf ears.


Yet it is an urgent matter since a power of attorney extended to any other person lapses when the person who extended the power loses the legal capacity to act. This could be due to mental illness, advanced age, head injury or when the person enters a comatose condition.


“The decision about who will take charge of your affairs is taken out of your hands if you are no longer able to do so yourself,” says Louis van Vuren, CEO of the Fiduciary Institute of Southern Africa (Fisa).

The only option in SA is ‘after the fact’, where the high court or the Master of the High Court is given the power to appoint a curator or an administrator on your behalf.


The appointment of a curator (curator bonis and/or curator ad persona) is a formal court process before the high court. The curator bonis looks after the financial affairs of the person while the curator ad personam looks after the physical well-being of the person. It can be the same person.


Costly, lengthy and cumbersome

“This is an expensive process because one must engage the services of an advocate to bring an application to the high court,” says Van Vuren.


“Even if it is unopposed, it could still be a lengthy and costly process.”

It is not available to most South Africans due to the cost.

However, the Mental Health Care Act provides for the appointment of an administrator by the Master’s office, which is less formal and cumbersome.


Any person over 18 years can apply to the Master. However, the person to be placed under administration must be diagnosed with a mental illness by a mental health care practitioner; or must suffer from a severe or profound intellectual disability. This includes a range of scenarios – from assisted living to full-time care – and is not limited in relation to the cause of the disability.


In the case of small estates (R200 000 in assets and R24 000 in annual income), the Master can appoint an administrator without an investigation, while it is required to investigate when it comes to amounts above that.


“We are not suggesting that the administrative process is ineffective, it is simply beyond comprehension why someone cannot make their own arrangements in the form of lasting or enduring powers of attorney,” says Van Vuren.


In the United Kingdom and European countries legislation provides for LPA or EPA, which ensures that financial directions and advance notices about medical care can be enforced in cases of dementia or end-of-life situations.


The advantages of lasting or enduring powers of attorney

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Tiny Island Nation Sells Passports for Survival

The island of Nauru is one of the world's smallest countries. Located northeast of Australia in the Pacific Ocean, it's just 21 square kilometers in size.


As sea levels around the world rise, Nauru's future is at risk. But as a small country, it doesn't have the resources to defend itself from the water.


So to raise money, the island is selling citizenship for $105,000.

Most of Nauru is uninhabitable due to nearly 100 years of mining, which left behind a barren landscape. As a result, nearly all of the island's 12,500 people live along the coast — right in the path of rising seas.

The government says the money earned from passport sales will go toward relocating 90% of the population to higher ground, and building a new community there.


Most of these new passport holders will probably never visit Nauru, according to Kirstin Surak, a professor at the London School of Economics.

But as a Nauru passport gives visa-free access to 89 countries, including the UK and Singapore, getting citizenship may give people more freedom to travel and live internationally. For those with weaker passports, this can be especially valuable, Surak told CNN.

Nauru had a similar passport program in the mid-1990s, but it was discovered that criminals were using Nauru passports to enter other countries under false identities.


The Nauru government promises stricter background checks this time, and anyone with a criminal history will not be able to get citizenship. And anyone from countries the United Nations considers "high risk," such as Russia or North Korea, will not be allowed to apply.

The island expects to earn $5.6 million in the first year, and aims to reach $42 million a year from the passport program.

Malawi court finds self-proclaimed 'prophet' Bushiri, his wife have cases to answer in SA

Malawian preacher Shepherd Bushiri waves at sympathisers as he leaves the Lilongwe Magistrate's Court on 19 November 2020, after skipping bail in South Africa, and was arrested in Malawi.

- A Malawi court ruled on Wednesday that South Africa meets the extradition requirements for cases against Shepherd Bushiri and his wife, Mary.
- It deemed some criminal charges were sufficient to warrant prosecution for both fugitives.
- The Bushiris skipped bail in November 2020 after being arrested for alleged fraud and money laundering.

A court in Malawi on Wednesday found South Africa meets the extradition requirements for cases against self-proclaimed "prophet" Shepherd Bushiri and his wife, Mary Bushiri.
South Africa had asked for them to be extradited to stand trial on multiple criminal charges.
Justice and Constitutional Development Minister Mmamoloko Kubayi welcomed the ruling by the Republic of Malawi's Lilongwe Chief Resident Magistrate Court.

Bushiri, who is the leader of the Enlightened Christian Gathering Church, and his wife skipped bail in November 2020 after being arrested for fraud and money laundering to the tune of R102 million that was linked to an investment scheme.
South Africa's extradition request had sought their return to stand trial for charges including rape, violating bail conditions, and contraventions of the Financial Advisory and Intermediary Services Act, Banking Act, Civil Aviation Act, and Immigration Act.

"The judge ruled that South Africa meets the extradition requirements under Malawi's Extradition Act. Of the 13 charges presented by the State, 10 were considered in court and deemed sufficient to warrant prosecution for both fugitives," said Kubayi's spokesperson, Terrence Manase.
However, according to a statement by Malawi's Ministry of Justice, the court acknowledged four out of 10 charges against Bushiri and his wife.
"Today's ruling is a significant milestone in international legal cooperation, demonstrating the strength of both countries' judicial frameworks and diplomatic engagements. It reinforces the principle that no one is above the law and underscores the importance of accountability, transparency, and adherence to legal frameworks in both South Africa and Malawi."

Manase said they were informed the pair intended appealing the ruling.
"The South African government will oppose the appeal. The department will await the outcome of the appeal process if they proceed. If they choose not to pursue the appeal, the department will await formal notification from the Central Authority of the Republic of Malawi," he added.
"Once received, Interpol, in collaboration with the South African Police Service [SAPS], will coordinate the transfer arrangements and logistics. The State will cover all associated costs."

On his Instagram account, Bushiri said it was a "remarkable victory" and claimed the court "dismissed 10 of those cases due to lack of evidence".
Malawi's Ministry of Justice added the defence asked the court to allow the Bushiris to remain on bail until they received direction from the High Court on an appeal.

"They further applied for a 30-day stay order on the ruling, which the court granted. The court referred the matter of bail to the High Court, as the magistrate's court does not have jurisdiction to grant bail to fugitives. The defence is expected to apply for bail during the stay order, as directed by the magistrate's court. This means the Bushiris will remain out on bail."

"This is not how we wanted to live" - asylum seekers in SA desperate as impact of US funding cuts spreads


Refugees at the Paint City Camp in Bellville, Cape Town, on 30 April 2021. It was reported that about 600 refugees have lived at the Paint City temporary shelter for eight months after being removed from Greenmarket Square. They were told to either reintegrate into local communities or voluntarily repatriate to their countries of origin.

US President Donald Trump's widespread cuts to foreign aid for humanitarian organisations continue to cause ripple effects globally and, in many cases, irreparable harm to vulnerable and marginalised populations. In South Africa, many asylum seekers and refugees have had life-saving social assistance ripped away from them.

"They were killing us. Anyone who supported that party was seen as an enemy. They were killing us and our family members - some of my relatives, I don't even know where they are today. My life was in danger because they were looking for me, and I had nowhere to hide. That's why I had to leave. I didn't want to, but I had to."
This is how *Asher - forced to flee his home in the Democratic Republic of Congo (DRC) - described to Daily Maverick how he became an asylum seeker in South Africa in 2007.

Asher said he was a vocal supporter of a political party, the name of which he chose not to disclose to protect his identity and out of fear of persecution. The party had contested the 2006 election to fight for the freedom and rights of future generations, but after its loss he became a political target and was forced to flee for his life.

Like many of the approximately 250,000 refugees and asylum seekers in South Africa, Asher had no support system and received little assistance from the government. Instead, he relied on civil society organisations for social aid - until January, when US President Donald Trump froze all foreign aid to humanitarian organisations.

The foreign aid cuts initially began as a 90-day funding freeze, with Trump claiming that USAID's work was “not aligned with American interests”. However, on 27 February, the Trump administration issued a notice stating that all US funding to these programmes would be permanently terminated.

The Scalabrini Centre of Cape Town and Refugee Social Services (RSS), South African organisations that help refugees and asylum seekers, confirmed that the US Department of State's Bureau of Population, Refugees and Migration (PRM) had withdrawn funding, severely affecting their services.
According to PRM's website, the bureau was established to promote “US interests by working to reduce illegal migration, provide humanitarian assistance to those fleeing persecution, crisis or violence, and seek durable solutions for forcibly displaced people around the world”.

Essential services under threat
“It is incredible how far this has gone. Obviously, the medical side with the Pepfar cuts is huge, but if you look at individuals who have fled war, torture and persecution, they are an incredibly vulnerable group that lacks proper provision,” said James Chapman, head of advocacy and legal advice at Scalabrini.

Chapman said the withdrawal of aid from PRM had significantly affected Scalabrini's programmes, with about 40% of the organisation's funding cut. This had resulted in the closure of critical programmes, including extensive support for the integration of asylum seekers and refugees into communities, livelihood support and basic needs assistance for those who have escaped violence and persecution.
“Take, for example, someone who was receiving assistance to integrate into the workplace to contribute to the economy - that economic contribution is now lost. English classes, computer literacy, skills development and even basic support for the most vulnerable have all been reduced or suspended entirely,” Chapman explained.
He added that because of South Africa's urban refugee policy - under which asylum seekers and refugees are expected to be self-sufficient - it is vital for them to receive support from civil society organisations to avoid becoming burdens on the state.

Families left without lifelines
RSS provides psychosocial support, safe spaces and social protection for vulnerable refugee and asylum-seeking communities, including the elderly, people living with disabilities and children.
Yasmin Rajah, executive director of the KwaZulu-Natal-based organisation, told Daily Maverick that PRM funding had provided financial assistance for these groups.
“It was not much, but we made sure that what we gave them was in line with what Sassa grant recipients were receiving. Now that the funding has been cut, we have had to suspend that service,” she said.

Asher, who has two children, relied on the grant from RSS to care for his eldest, who is on the autism spectrum and largely non-verbal.
“I have to take my child to the hospital for appointments at least twice a week. I have tried to work, but every time I get fired because my employers say I am absent too much. That money from RSS was the only thing ensuring that my family had food and that my child could get medication. Now, I cannot pay school fees, I cannot pay rent and I cannot work. This is not how I saw myself living when I left the DRC,” Asher said.

‘We are suffering'
“These two months have been a problem for me and my children. I cannot work, so I do not have money. I am suffering - I can't even explain it to you,” *Nathalie told Daily Maverick.

Nathalie, another refugee from the DRC, is a single mother of two. Her youngest child, a five-year-old, has a number of disabilities.
“I was working before my youngest was born, but my child cannot see and uses a wheelchair. I cannot put her in a crèche because many people do not have the heart to take care of a child with disabilities. I am afraid to leave her with others because I don't know what will happen to her. Now, I need to stay home and care for her,” she said.

Even when she was receiving financial help from RSS, finding specialised childcare was nearly impossible.
“Most of the money I received went towards transporting my child to and from the hospital, paying for medication, buying food and covering basic needs. Now, my child needs to take tablets, but I can't give them to her because there is no food and no money to buy either. This makes me feel so helpless. Even now, I cannot speak because of the pain I feel in my heart,” Nathalie said.

A forgotten population
As asylum seekers, neither Asher nor Nathalie qualifies for grants or other government assistance from South Africa's Department of Social Development. RSS had filled that gap, but with the withdrawal of PRM funding, many refugees are now without a safety net.
Despite the funding crisis, Rajah said RSS is exploring ways to continue providing support.
“We have had donations from a few local people and faith-based organisations in the area. What we worry about the most is what people are eating. The churches are trying to fill the gap and have provided food parcels, which have helped a lot - but it is not enough.”
For refugees like Asher and Nathalie, the loss of aid has made an already difficult life even harder. Without urgent intervention, thousands of asylum seekers and refugees in South Africa face deepening poverty and isolation, with little hope of relief. DM
* Not their real names.

Rajah said RSS is open to receiving cash donations, non-perishable foods and clothes from anyone or organisation that is willing to help.
“We can provide an 18A certificate for tax purposes. In that case people who donate and want 18A will have to send proof of payments and their contact details so we connect to send the certificates,” Rajah said.

ZEP Holders Face Renewed Challenges




Zimbabweans living under the Zimbabwe Exemption Permits (ZEPs) say the South African government is blocking them from applying for permanent residence, leaving them uncertain and distressed.
Their representative body, the Zimbabwe Exemption Permit Holders Association (ZEPHA), gave the blame to South Africa's Department of Home Affairs (DHA), saying it was deliberately preventing ZEP holders from securing permanent residency, despite their long-standing contributions to the country's economy through work and taxes, as permitted under the Immigration Act.
In a memo sent to Zimbabwe's ambassador to South Africa, David Hamadziripi, ZEPHA outlined a series of discriminatory actions against its members, including:
- Traffic authorities refusing to renew driving licenses and conducting targeted roadblocks to catch Zimbabweans without valid permits.
- Increased police raids in communities with high concentrations of Zimbabweans.
- Banks freezing or putting on hold ZEP holders' accounts, citing expired permits.
- Employers terminating contracts of Zimbabwean workers due to pressure from authorities.
- Denied access to Unemployment Insurance Fund (UIF) and pension benefits for dismissed Zimbabwean employees.
- Children of ZEP holders being barred from writing exams due to lack of study visas.
- Zimbabweans, including pregnant women, being refused medical treatment at hospitals.

In 2023, the Gauteng High Court ruled that DHA's decision to end the ZEP program was unlawful and unconstitutional, ordering the government to engage with the affected community.

Despite this ruling and an extension of the ZEP program until the end of 2025, ZEPHA argues that many permit holders are unable to apply for permanent residence due to bureaucratic delays.
Applicants must secure appointments with visa processing company VFS, but many have been waiting for months without success, raising fears that applications will not be processed before the deadline.

ZEPHA contends that the hostile environment has left Zimbabweans in South Africa unable to reach their full potential.
The association has appealed to the Zimbabwean government to expedite a voluntary return program, emphasizing that mass diaspora returns have historically contributed to economic growth, skills transfer, and national development.
Originally designed to regularize the stay of Zimbabweans fleeing economic and political crises, the ZEP system now leaves approximately 178,000 permit holders and their families in legal limbo.

While the South African government has repeatedly extended the permit deadlines, it has simultaneously signaled an eventual termination of the program.

The ZEPHA memo, seen by MoneyWeb, paints a grim picture of the struggles faced by Zimbabweans in South Africa:"Zimbabweans are now forced to litigate when they go to hospitals, schools, universities, travel on the roads, and at the workplace."
In response, ZEPHA has already launched a repatriation initiative to assist those willing to return home.
However, it is calling for Zimbabwe's government to provide support in easing the transition, including help with accommodation, business opportunities, and reducing bureaucratic obstacles for returnees.

The memo further highlights deep-seated prejudices against Zimbabweans in South Africa.
While many South Africans acknowledge Zimbabweans as hardworking employees, their support rarely extends to granting them full legal protections.
The memo states: "Many South Africans believe that Zimbabweans are hapless ZANU-PF victims useful only for their cheap, efficient, and trustworthy labor. Their assistance extends only to prolonging exploitation, but not to granting Zimbabweans the rights needed for dignified lives."

Growing resentment has also fueled xenophobic violence.
Zimbabweans are frequently blamed for job shortages, housing crises, and strained public services.
This has led to the rise of vigilante groups that target Zimbabweans with robbery, assault, and even murder—often without consequences for the perpetrators.

Political parties such as the Patriotic Alliance and ActionSA have been accused of fueling anti-Zimbabwean sentiment, while groups like Operation Dudula and Put South Africa First have actively led campaigns against Zimbabwean migrants.
Such hostility tends to escalate during elections and times of national crisis, as seen during the COVID-19 pandemic and ongoing power shortages.
On the other hand, South Africa's white minority largely attributes Zimbabwe's economic collapse to ZANU-PF's governance failures.

The memo asserts: "The white minority blames ZANU-PF for ruining Zimbabwe's economy, forcing its citizens to flee to South Africa to escape poverty, political persecution, and maladministration. The mainstream media, which they control, have successfully sold the South African population the idea that Zimbabwe is a failed state that will never recover without them."

ZEPHA argues that the ongoing abuse of Zimbabweans in South Africa has caused severe psychological and emotional distress within the community.
Many now live in constant fear of deportation, violence, and systemic discrimination. Without intervention, the association warns, the situation will only deteriorate further.