Just Like UK, Canada, South Africa Invites Nigerians to Apply for Its Visas, Offers Permanent Residency

Legit.ng | 11 Jan 2023

• South Africa has joined the list of countries such as the United Kingdom and the United States offering easy visas to smart, wealthy Nigerians. 
• The visa application includes a clear five-year path to permanent residency for skilled.
• Nigerians Business leaders also have the opportunity to apply for a 10-year visa with the option of staying in the country.

South African government has presented an open invitation to Nigerian business leaders, and skilled workers to the country. Bobby Moroe, the South African Consul General announced this on Monday, January 9, 2023, at a roundtable with the Lagos business community. According to him, South Africa is ready and open for business and has worked to ease the plight of Nigerians seeking visas to enter the country. 

Moroe who was represented by Ntakuseni Lambani, head of immigration at the Consulat also disclosed that South Africa will now issue long-term visas of up to ten years to proven Nigerian businessmen. 

South Africa skilled visa 

The Consul General of South Africa also revealed offers that the country has a critical skill work visa for Nigerians. According to The Punch, he said that Nigerians who enter the country and work for up to five years will be given the option to get full resident status. Moroe's words: “I am happy to announce to you that the government of South Africa has been reviewing its visa processes and a lot of improvements are being recorded. "Today we can say that henceforth, we will be able to issue 10-year multiple-entry visas to the business community in Nigeria." 

More promises from South Africa to Nigerians

 The Consul General also noted that his country was keen to promote investment into South Africa by Nigerians and that visa applications under the country’s investor immigration category will be treated expeditiously. 

The Consulate receives about 120 visa applications in Lagos daily, but business leaders have long been complaining about the dehumanizing treatment they suffer while applying for South African visas and it is expected that the new offer will ease that pain. He also acknowledged that mistakes had been made in the past, but said: “We have been listening and this session with you is a continuation of that process." He also insisted that with the commencement of the issuance of visas for as long as three years recently, the feedback has been good. Moroe added: "It is expected that with the offer of long-term visas, the number of applications will drop, and this should in turn cut the turn-around time for visa application."

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SUPREME COURT OF APPEAL OF SOUTH AFRICA

The Registrar, Supreme Court of Appeal | 25 November 2020

STATUS Immediate
The Minister of Home Affairs and Others v Jose and Another (Case no 169/2020)
[2020] ZASCA 152 (25 November 2020)
Please note that the media summary is intended for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal.
Today the Supreme Court of Appeal (the SCA) dismissed an appeal by the first to fourth appellants,
collectively referred to as the Department of Home Affairs (the DHA), against a decision of the Gauteng Division of the High Court, Pretoria (the high court).

The first respondent, Joseph Emmanuel Jose (Joseph), was born on 12 February 1996 and the second
respondent, Jonathan Diabaka “Junior” (Junior), was born on 28 August 1997. They were born in South Africa where they have lived their entire lives. The parents of the respondents are Angolan citizens, who fled that country in 1995 and sought asylum in South Africa. The respondents, together with their parents, were granted refugee status in 1997. This endured until January 2014, when they were informed that their refugee status had been withdrawn. Joseph was then 17 years old and Junior 16. In August 2013, they were informed by the DHA that their refugee permits would not be renewed and they were referred to the Angolan Embassy, where they were advised that in order for them to remain lawfully in South Africa, they had to apply for Angolan passports, failing which they faced ‘repatriation’.

The respondents have never been to Angola. They have no family there and know little about Angola
or the way of life in that country. Neither speaks any Portuguese. Each speaks only a little Lingala. In
that regard, repatriation would be a forced removal from their country of birth and home country to a foreign land. When the respondents experienced difficulty in obtaining identity documents from the DHA, they approached Lawyers for Human Rights, who advised them that they were eligible to apply for citizenship in terms of s 4(3) of the South African Citizenship Act 88 of 1995 (the Citizenship Act).
However, by August 2017, all efforts to obtain citizenship had come to nought. The respondents
accordingly applied to the high court to direct the DHA to grant them South African citizenship in terms of s 4(3) of the Citizenship Act. The application succeeded with costs. The learned judge granted leave to the DHA to appeal to this Court only on the question whether it was competent in the particular circumstances of the case to order the Minister to grant (as opposed to consider) the respondents’ applications for citizenship.

The SCA held that s 4(3) of the Citizenship Act provides for citizenship to be granted to a child who
meets four requirements, namely, the child must have: (i) been born in South Africa; (ii) been born of parents who are not South African citizens and who have not been admitted into the Republic for
permanent residence; (iii) lived in the Republic from the date of their birth to the date of becoming a
major; and (iv) had their birth registered in terms of the Births and Deaths Registration Act 51 of 1992.
On the facts, the first three requirements of s 4(3) of the Citizenship Act were plainly met. Insofar as the
fourth requirement is concerned, s 4(3) applies to a child whose birth has been registered in accordance with the provisions of the Births and Deaths Registration Act, ss 1 and 5(3) of which provide that the registration of birth of a child born to non-South African citizens occurs through the issuing of a certificate of birth. In the case of each of the respondents, the DHA had issued certificates of birth. In the circumstances, the respondents satisfied the fourth requirement of s 4(3) of the Citizenship Act.

The next issue for determination was whether a court could direct the DHA to grant the respondents’ application for citizenship. The SCA recognised that whilst the doctrine of the separation of powers must be considered, that does not mean that there may not be cases in which a court may need to give directions to the Executive. Based on the precedent of the Constitutional Court, it is a firmly established principle that citizenship does not depend on a discretionary decision; rather, it constitutes a question
of law. On the facts, the SCA held that given that it is already absolutely clear that the respondents
meet all four requirements contained in s 4(3) of the Citizenship Act it would be purposeless to remit
the matter to the Minister of Home Affairs to make a fresh decision.

The SCA held that on the issue of costs, recent precedent of the Constitutional Court affirmed that a
court may direct the DHA to grant citizenship to an applicant. Although the precedent was set after the DHA’s heads had been filed, its position ought to have changed with the delivery of the Constitutional Court’s judgment. The DHA, however, continued as if nothing had changed and took no steps to limit the incurring of further costs. Plainly, it was obliged to have reconsidered its position, which it failed to do. The SCA held that the conduct of the DHA was beyond the pale; and an award of costs on an attorney and client scale was warranted. In the circumstances, the appeal was dismissed with costs on the punitive scale.

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Relatives permit for immigration to South Africa

SA Migration | 10 Jan 2023

What is a Relatives permit or visa  for immigration to South Africa

The South African Immigration Act allows applications for permanent residence from those who have a first kin relationship with either a South African Permanent Resident or Citizen. This category of permit is known as a relatives permit.

You can learn more about the relatives permit by viewing the below information, or if you prefer the human touch simply call us on any of the above numbers, request a call back here, or email your enquiry.

What is a first kin relationship?

The regulations that govern the relatives permit define a first kin relationship as:

• Parent.
• Child.

Therefore an application for immigration, under the relatives permit can be made by the:

• Child of a South African citizen or permanent residence holder.
• Parent of a South African citizen or permanent residence holder.

What is the role of the South African citizen or permanent residency holder.

Applications for a relatives permit have two parties:

1. The sponsor – this will be the South African citizen or permanent residence holder.
2. The applicant – this will be the ‘foreigner’ wishing to obtain residence in South Africa.

What must the sponsor do?

As with most permit or visa classes the Immigration Act seeks to ensure that immigrants to South Africa are able to either support themselves, or have some sort of financial support in place to support them.

With the relatives permit the sponsor acts as the financial support for the applicant. Therefore the required sponsorship amount can only be met by the sponsor.

How long will the application for a South African relatives permit take?

The compilation and submission of the application is fairly quick but backlogs can experienced in the decision making process. The decision making process is the sole responsibility of the Department of Home Affairs and whilst they publish guidelines for this there are often delays. In some cases these are extreme meaning the relatives permit is not issued for up to 2 years.

If your plans dictate your need to arrive in South African prior to this period, you should consider other visa options, which include the relatives visa (temporary residency) which is processed much quicker.

Does the applicant submit from overseas or in South Africa?

The spouses, life partners and children (minor or major) of South African citizens and permanent residents can submit their relative visa applications in South Africa from a visitors visa, following the issuance of Directive 7 of 2019 implemented in July 2019.

Unfortunately, this does not extend to parents of South Africans. Parents and other eligible relatives must submit their visa applications at an embassy or consulate abroad.

Can you work as a relative permit holder?

As a relatives permit provides the holder with permanent residence status you will be permitted to work, run a business or study with no further permissions required from the Department of Home Affairs.

As an example if you are seeking employment you can apply and take up the role exactly the same as a South African Citizen can. There is also no extra responsibility on the employer.

Finding out more about relatives permits

Sa Migration Immigration are South Africa’s largest independent immigration company and the only one to have been accredited with ISO 9001.

We have successfully processed applications for visas and permits of in excess of 6000 since our inception in 2006.

To ascertain whether you qualify for a relatives permit and whether this would be the correct permit for you, please use the links below:

Getting help with your visa or permit application

We welcome the opportunity to consult with you as to your eligibility for a visa /permit and answer any questions you may have with no obligation.

For more information, Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

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Temporary Residence Visa South Africa 2022 and 2023

SA Migration | 09 Jan 2023

What Is a Temporary Resident Visa?

You might be interested in moving to South Africa and wondering “What is a temporary resident status”?

A temporary residence visa allows a foreign national to legally stay in South Africa for longer than 90 days and a maximum of up to five years.

Many people choose to emigrate to our beautiful country and make this their new home because we have the perfect climate plus many more things to excite you.

The most important thing to consider when emigrating is applying for a temporary visa to settle here.

People emigrate here for different reasons for example studying, working, joining their loved ones, retiring here or perhaps starting a business.

To increase your chances of receiving the desired visa or visa you must prove to officials the basis on which you are making a claim in the form of a visa application and show that you can financially support yourself.

Making such a big move requires you to be prepared and make sure that you have all the information you need to be well informed about all the logistics.

The Department of Home Affairs 2014 tightened the regulations and thus leaving you no room for error or else your application might be denied.

Changes to certain work visas were made in 2020 and thus making it even more difficult to apply for a work visa.

What Visas Are Available In South Africa?

There are various visas available to foreign nationals which they can apply for.

You need to apply for the right visa and you can easily find out which visa you qualify for by contacting us

Below are the different types of visas available:

Relatives Visas:

Relative Visa:

The relatives visa allows you to join family members in South Africa for up to two years.

You need to show evidence of either first-kin or second-kin levels.

In layman’s terms, this means father, mother, brother or sister and the advantage is that you can apply for permanent residency on basis of first level kin-ship.

Your sponsor needs to prove that they can financially support you as you are not allowed to whilst in the Republic.

Life Partner Visa:

This option allows you to join your boyfriend or girlfriend in SA for a period of up to two years and you have the choice of a work endorsement on a life partner visa if you have a job offer at the time of applying.

You do have the choice to add either work, study or start your own business.

The advantage of the visa is that heterosexuals or same-sex couples can apply for it. We assist with life partner visa renewals for South Africa if you need to extend it.

You need to have been cohabiting for two years at the time of submission and you need to provide substantial evidence of this.

Spousal Visa:

The spousal visa allows the foreign spouse of a South African citizen or permanent resident to stay in the country legally.

The visa is valid for 2 years and you have the option of adding working rights, study rights or business rights to the visa.

Section 11(6) of the immigration act enables you to add these endorsements to your visa.

You would need to have a valid marriage certificate to apply for this visa.

You can renew the visa and if you need to see the documents you can our blog post “Temporary Spouse Visa South Africa Requirements” to give you all the information you need.

 Work Visas:

Corporate Workers Visas:

 The corporate workers’ visa allows corporate companies that require a large number of foreign workers to apply for these visas.

The company first needs to apply for a corporate visa and once approved then only may they start recruiting foreign nationals.

Mining, farmers and construction companies are just a few examples of who can apply for this visa.

The corporate visa is valid for 3 years.

Critical Skills Visa:

The critical skills visa for South Africa allows foreign nationals whose occupation is in high demand to apply for this visa if they have a job offer.

To qualify for the visa, you need the following before applying:

• A job offer.
• South African Qualifications Assessment (SAQA – Assess your foreign qualifications).
• Confirmation and Membership letter from a professional body, board or council.
• Required qualifications as per the critical skills list in South Africa for your occupation.

The visa is valid for 5 years and can be renewed.

A foreign national can apply for permanent residency if they can show proof of 5 years of work experience or 5 continuous years of being on the CSV.

Your occupation must be listed on the critical skills occupation list for 2022.

The critical skills work visa is the best option where work visas are concerned.

General Work Visa:

 A general work visa is an option for foreign applicants who specializes in their field of work and can prove to the Department of Home Affairs that a prospective employer could not find a candidate who possesses the skills and experience needed for the position.

There is much red tape to get through with this visa and the Department of Labour needs to give you the recommendation to go ahead and apply.

The visa is valid for 5 years and can be extended.

Once you’ve completed 5 years on the visa you can then apply for permanent residence in South Africa.

Intra-Company Transfer Visa:

The intra-company transfer visa allows foreign nationals who work for multi-national companies, subsidiaries or affiliates to transfer from a branch abroad to South Africa.

Applicants must have been working for the company for 6 months or longer and must prove that the two companies are connected.

The visa is valid for 3-4 years and cannot be extended or applied for a change of status in South Africa.

Applicants using these options will not qualify for permanent residency.

A prospective employer must have a skills transfer plan in place to show the Department of Home Affairs that the foreign nationals’ skills will be transferred to a South African citizen or permanent resident.

All Foreign Qualifications Must Be Assessed By South African Qualifications Authority

All applicants applying for a work visa must have their qualifications assessed by SAQA, to find out if their qualifications are on par with South African standards.

If your transcripts and qualifications are not written in English you’ll then need to have them translated by a sworn translator into English.

Retiring in South Africa As A Foreigner

Retirement Visa:

 The retirement visa allows foreign nationals who receive a pension or a retirement annuity in the amount of R 37, 000.00 rands per month per couple to retire in SA.

There is no age restriction and if you can show that you are receiving a permanent retirement annuity then you can apply for permanent residence.

You are not allowed to work whilst on this visa.

You are allowed to extend the visa and the visa is valid for up to 4 years depending on your financial sources or pension etc.

Starting Your Own Business In South Africa

Business Visa:

 Foreigners who would like to start a business in South Africa must apply for a business visa.

You need to invest R 5 million within the business and employ at least 60% of South African or permanent residents within the business.

The visa is valid for 2 years and can be extended.

You can apply for permanent residency if you can prove all the qualifying criteria have been met.

Your business must not fall within the prohibited business’ who are not allowed to apply for the visa.

Studying in South Africa

Study Visa:

Children or adults who would like to further their studies in South Africa must apply for a student visa.

You must have an acceptance letter and the institution must be recognized by the Department of Education.

The visa is valid for the duration of the course and can be renewed.

You cannot qualify for permanent residency.

How To Get A Temporary Residence Visa In South Africa

You are not allowed to apply for temporary residence visas in South Africa if you are on a visit visa.

You are only allowed to apply for a change of status if you are:

• Spouse of a South African citizen or permanent resident.
• A child of a South African citizen or permanent resident.
• You require medical treatment urgently.

The only time you can apply in South Africa is if you are currently on a temporary residence visa for South Africa.

This is known as a change of status which means you can change from one TRP visa to another.

All applications are submitted through VFS which will send your visa application to the Department of Home Affairs.

This means that if you are applying for a temporary residence visa for the first time, you need to submit it abroad.

You must apply in the country of residence or if you hold a temporary residence visa for another country then you can apply there too.

Temporary residence visas must be submitted at your nearest South African embassy or consulate.

It takes about thirty to ninety days to process your visa abroad, then you can enter SA with the visa.

What Is The Cost Of A Temporary Residence Visa?

These are the standard costs for VFS in South Africa for all visas:

• R 1,5900.00

Family Visas:

1. Relatives visa (Minor Child) – No fees
2. Relatives visa (Major Child) – R 425.00
3. Relatives visa (Brother/Sister) – R 425.00
4. Life Partner visa – No Fees
5. Spousal visa – No Fees

Work Visas:

1. Critical Skills Visa – R 1520.00
2. General Work Visa – R 1520.00
3. Intra-Company Visa – R 1520.00
4. Corporate Visa – R 1520.00

Retired Visas:

1. Retirement Visa – R 425.00

Business Visas:

1. Business Visa – R 1520.00

Student Visa:

1. Study visa – R 425.00

How Long Is A Temporary Resident Visa in SA?

 Most work visas are issued between three to five years.

Relatives visas are issued for up to two years.

Retirement visas are issued between one to four years.

A business visa is issued for up to two years

A study visa is issued between one to four years.

The amount of years awarded is at the discretion of the Department of Home Affairs.

When Do I Qualify For Permanent Residency?

These are the permanent residence qualifying criteria:

• Relatives visa – 1st level kinship (Can apply immediately).
• Life Partner Visa – Being with your partner for five years or more.
• Spousal Visa – After five years of marriage.
• Critical Skills Visa – five years of work experience or five continuous years on the visa.
• General Work Visa – Five continuous years of being on the visa.
• Retirement visa – Permanent retirement annuity that amounts to R 37, 000.00 or more.
• Business visa – You can apply once you have satisfied all the requirements.

Temporary Residence Visa Extension South Africa

You need to renew your visa 60 days before the visa expires.

This is done through VFS and you’ll need to schedule an appointment with them and submit it on the given date.

The extension process requires you to gather all the documents which you initially did the first time around.

Due to COVID-19 the processing time has been largely affected and could take up to five to seven months before receiving an outcome.

You have the choice to make use of immigration services and SA Migration will offer you a free assessment to see which you qualify for.

Let us assist you in applying for a temporary residence visa as we are always keeping our finger on the pulse where the immigration regulations are concerned.

For more information, Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

www.samigration.com

Citizenship is a right, not a concession

Mail & Guardian Thought Leader | 10 January 2023

The removal of citizenship, and permanent residence, from South Africa’s statute books is the holy grail of a political conspiracy hatched somewhere in the deep state of the department of home affairs. Its cabal hides behind the façade of the 2017 white paper on international migration, which it authored.

The 2017 white paper contains the foundational architecture of a radical ideological transformation of the democratic state as we know it into a tribal fiefdom where constitutional norms and entrenched legislative processes, and legal practitioners, are nothing more than hindrances to the achievement of its objectives.

The white paper argues that South Africa’s existing approach to the granting of residency and naturalisation is mechanical and compliance-based rather than achieving strategic national goals, and concludes that there exists a “misconception” that immigrants have a constitutional right to progress towards permanent residency or citizenship status (naturalisation).

Its thesis is based on the pretext that South Africa’s immigration and citizenship legislation fails to protect South Africa from the risks introduced by the entry by fugitives from justice who are associated with organised crime. The only way to protect our society from these security threats is through policy and strategic “interventions” de-linking residency and citizenship, preventing the “automatic progression from residency to citizenship in law and practice”.

Therefore, the permanent residence permit will be replaced with a long-term temporary residence visa to “dispel a misconception that immigrants have a constitutional right to progress towards citizenship status on the basis of a number of years spent in the country”. The repeated use of the term misconception is used to lead us to believe that a foreigner’s legislative right to citizenship is not true or beggars some distorted belief. This is its Socratic golden lie, a classic distortion, which underscores its danger.

There is absolutely no misconception that the acquisition of citizenship in South Africa is a matter of compliance with provisions of our legislation, as is the case in most constitutional democracies the world over, including the United Kingdom, Canada, Australia, the United States, most of the European Union and the Asian countries.
Let us call the new approach contained in the 2017 white paper the “Zuma doctrine” of immigration and citizenship policy, which is aimed at replacing the existing constitutional order with an alternative regime of governance.

Section 3(3) of the constitution requires national legislation that provides for the acquisition, loss, and restoration of citizenship. The Citizenship Act has evolved to provide for the granting of citizenship without discrimination as to race, gender, or ethnicity, based on birth, descent, and naturalisation. The Zuma doctrine seeks to overturn this constitutional system of citizenship and replace it with a legislative apparatus based on a totalitarian concept of state security.

Home affairs management, including its deputy director general, Jackson McKay, and inspectorate chief director Modiri Matthews (brother of foreign affairs minister Naledi Pandor) should be called to account for the Zuma doctrine, which originated when home affairs was an active participant in the state capture project and when its current leadership were fully fledged senior members of its management complex.

Last year saw two pivotal judgments emerging from both the constitutional and supreme court of appeal (SCA), shining an unwelcome light on the manifestation of the Zuma doctrine in the lives of foreigners who attempted to acquire citizenship in terms of the Citizenship Act.

The first case arose from the refusal of home affairs in 2013 to register the foreign births of a group of people in terms of section 2 of the Act, rendering them stateless. The refusal was based on the state’s choice of the least constitutionally compliant interpretation of such provision that denied them citizenship.

In its judgment, Chisuse & Others v DG, Home Affairs & Another, delivered on 22 July 2020, the Constitutional Court upheld the rights of the applicants and awarded costs against home affairs.

An exasperated court noted that citizenship does not depend on a discretionary decision; rather it constitutes a question of law. Once the requisite conditions to acquire citizenship are met, home affairs is obliged to recognise this citizenship and proceed with the necessary administrative procedures without any further deliberation.

By vindicating the applicants, the court declared:

“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.”

On 25 November 2020, in Minister of Home Affairs & Others v Jose & Another, the SCA scathingly dismissed an appeal brought by home affairs against the Pretoria high court’s order directing the minister to grant citizenship to the Jose brothers, born in South Africa and who reached the age of majority, in terms of section 4(3) of the Citizenship Act. The minister led the charge claiming that the high court was not competent to order him to grant, as opposed to consider, the Jose brothers’ applications for citizenship and on this basis appealed the high court’s order to the SCA.

The minister contended that the applicants never actually applied for citizenship in the first place because they failed to make use of the proper application forms and for this reason the high court should have remitted the applications back to him for consideration. The SCA noted that it had in 2018 ordered the minister to prescribe those forms, but the minister had failed to do so.

The court excoriated the minister for basing his appeal on his own failure to comply with its previous order, and angrily dismissed the appeal with punitive costs against him.

Since 26 March 2020, with the onset of the national lockdown, home affairs has been closed. Since 22 September, however, home affairs began accepting and processing thousands of visa applications, filed in far greater numbers than permanent residence and citizenship applications in any ordinary year. Home affairs continues to refuse to accept and process permanent residence and citizenship applications on the basis that they do not constitute essential government services.

The Zuma doctrine has firmly taken hold of South Africa’s immigration and citizenship system, thwarting it, purposefully frustrating its practical implementation even if this has meant acting in brazen contempt of orders of our highest courts with significant financial implications for our state coffers because of cost orders imposed on home affairs for its insolence and high-handedness. The minister’s attitude, guided by the Zuma doctrine, has never been supine. On the contrary, the minister and the home affairs cabal behind the 2017 white paper have purposefully hijacked South Africa’s immigration and citizenship legislation, attempting to paralyse it.

The very notion of South Africa’s inclusive constitutional democracy is in grave danger of being subverted into a re-conceptualised nation based on border and state security. South Africa’s national state of disaster is facilitating this transformation on our president’s watch. Perhaps this realisation prompted the SCA in Jose to issue a resounding warning for South Africa, paraphrasing Hannah Arendt’s The Origins of Totalitarianism:

“‘Citizenship is more fundamental than civil rights’. For Arendt, the issue was not simply a question of statelessness, but of common humanity, and the responsibility we have to one another as human beings who share the world in common. As long as we live in a world that is territorially organised into national states, a stateless person ‘is not simply expelled from one country’ they are ‘expelled from humanity’.”

The 2019 home affairs white paper, while recognising that South Africa is a new state with a history rooted in the denial of citizenship and identity, persists with the view that this history contributes to the current narrow mandate of home affairs to be primarily a producer of enabling documents.

This restatement smacks of a palpable dissatisfaction with the legislative powers and discretion accorded to home affairs by our existing refugee, immigration, and citizenship legislation.

The Zuma doctrine demands nothing less than total power to control national sovereignty at the expense of law and its compliance by foreigners who stand to be granted ordinary rights of permanent residence and citizenship and the benefits of dignity and security and active political participation in our society which our constitution promises them.

It is clear for all to see that the Zuma doctrine prevails with the full support of the Ramaphosa cabinet. Let us uproot the Zuma doctrine and its authors before the transformation of our country into a totalitarian state takes place, where the granting of citizenship, and permanent residence status, will no longer be granted on the basis of legislative compliance but, if at all, at the whim of a security apparatus. We have everything to lose if we don’t.

www.samigration.com