Home Affairs Minister Leon Schreiber’s directive for officials to remove illegal immigrants from the streets is making headway in Cape Town. Pictured: Illegal Immigrants that were arrested during operation Vala Umgodi.
Cape Town - Home Affairs Minister Leon Schreiber’s directive for officials to remove illegal immigrants from the streets is making headway in Cape Town.
According to the City, over the past few weeks, the department conducted several operations with law enforcement and police to operationalise its mandate.
Mayco member for safety and security JP Smith said that last week Home Affairs officials, supported by members of the City’s law enforcement, followed up on information about undocumented persons living in District Six.
Following that operation, Smith said, Home Affairs teams conducted yet another tracing operation yesterday, descending on an area along the N1 between Paarden Eiland and Woodstock, where several informal structures had been erected, allegedly to house undocumented immigrants.
“Minister Schreiber and the City have made good progress working together. Last week, we did a large operation in District Six and (yesterday) morning we conducted yet another big operation,” said Smith.
“We worked the length of the N1 close to town where there are a lot of structures along the side of the road, most of which were occupied by foreign nationals.
“As a result of the operation, 34 people were arrested yesterday for not having the relevant documentation or up-to-date permits to be in the country, while 72 people were surveyed,” Smith said.
Of the 72 people surveyed, Smith said 40 were undocumented men and 32 were women who now faced deportation.
Schreiber has been vocal about focusing the department’s efforts on holding undocumented persons living in the country accountable.
Meanwhile, speaking at the portfolio committee on home affairs in Parliament, Schreiber stressed that he would be working tirelessly to revitalise the department and ensure that it becomes more digitally based to safeguard national security.

Operation comes a day after mayor Cyril Xaba signed an agreement with public works minister Dean Macpherson to rejuvenate the inner city
Police seized counterfeit US dollars worth more than R4m and hundreds of rounds of ammunition, and arrested more than 100 undocumented foreigners, in a raid near Durban's inner city on Tuesday.
The multidisciplinary police operation also targeted hijacked buildings in the inner city.
KwaZulu-Natal premier Thami Ntuli, eThekwini mayor Cyril Xaba and provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi were present in John Miller Street where the detained suspects were being held.
The operation comes a day after Xaba signed an agreement with public works and infrastructure minister Dean Macpherson to rejuvenate the inner city.
Macpherson said the key is to work with all spheres of government to unlock the potential of state-owned property to ensure the city could again become a “beacon of hope” for residents.
They had agreed to establish a technical task team which would meet monthly to deal with problem buildings, ensure state-owned properties pay rates and assist in Durban's inner-city rejuvenation.
Last week Macpherson visited three problem buildings: Excelsior Court, the abandoned police barracks and the Durban magistrate's court as part of the rejuvenation.

The short answer

You might need legal assistance

The whole question

My partner was born in South Africa but moved to Portugal when he was a year old. He has a South African passport but not the national ID. I, on the other hand, am a foreigner. We currently reside in Cape Town. We are not married, and I am currently pregnant. Once our child is born, we would like to use my partner's surname and he will legally acknowledge the child. Will we be able to register our baby?

The long answer

If your partner has a valid South African passport, he should be able to apply for and get an ID card from the Department of Home Affairs.

But if he acquired the citizenship of another country, he would automatically lose his South African citizenship unless he applied for and got permission to keep his South African citizenship before acquiring the citizenship of the new country. A South African citizen can hold dual citizenship, but again only if he applied and got permission to keep his South African citizenship first.

In terms of registering the baby’s birth:

All children must be registered within 30 days of their birth under the Births and Deaths Registration Act of 1992. The parent or parents must complete Form B1-24 in black ink at their nearest Home Affairs office and submit it. The parent/s must bring their ID/s, and if they are married, a marriage certificate. If the parents are married, the child is given the father’s surname. If they are not married they can choose either the mother’s or father’s surname. The parents are then given an unabridged birth certificate which contains the child’s legal name, their date of birth and their place of birth and its parents’ names. This is then included in the National Population Register. You need an unabridged birth certificate to travel out of the country with the child.

As Home Affairs would often refuse to register the births of children when one parent was an immigrant, a case was brought to the Eastern Cape High Court in 2018 (Naki versus Director General Home Affairs). The court had to decide whether the Births and Deaths Registration Act (BDRA) allowed the father to register a child in the case of a mother being absent or not having legal permission to be in the country. It decided that the BDRA did not allow a father to register the birth of a child in those circumstances; it was therefore unconstitutional as all children born in South Africa have a right to have their births registered.

The court also found that Regulation 12 (1) of the Births and Deaths Registration Act (BDRA) which provided for an unmarried mother to register a child’s birth prevented an unmarried father from registering the birth of a child, which was also unconstitutional.

So it “read into” the regulations the words “or father” to ensure that either a mother or father could register the birth of their child if they were unmarried.

This court decision means that it’s easier now to register the birth of children where one parent is South African and the other parent is an immigrant, because Home Affairs may not refuse to register a child’s birth on the grounds of the legal status of its parents.   

Although the court order was in 2018, Home Affairs often takes a very long time to comply with court orders and you may find some Home Affairs officials still refusing to register births of children in the circumstances described above. If you run into that kind of trouble you may want to consult the following organisations for advice

The short answer

Yes, you can, if you have the right paperwork, and attend a Home Affairs marriage interview.

The long answer

Thank you for your email asking whether you and your partner can get married if he is on an asylum permit.

Asylum seekers and refugees do have the right to get married in South Africa as long as they meet the Home Affairs marriage requirements. These are:

• that if you have been married previously, you must show proof of divorce or death of previous partner
• that you are not a minor (under age of 18)
• that you are not suffering from severe mental illness which prevents you from understanding what marriage is.

Your partner must also give Home Affairs a valid asylum seeker/refugee permit, as well as a declaration from the police confirming that he is not currently married.

The first step to getting married is to register your intention to marry with Home Affairs and apply for a Department of Home Affairs Marriage Certificate at least three months before your wedding date.

The following documents must be submitted with the Home Affairs marriage forms which are available on request:

• Identification documents, such as a South African ID card
• Both passports, if one partner is not South African
• A completed form, which declares that you are legally allowed to marry
• Official divorce decree, stamped by the court, if one partner has previously been married
• Death certificate, if one partner has been widowed

Before a marriage is declared legal in South Africa, couples are required to attend a Home Affairs marriage interview. This is to make sure that both parties are entering the marriage of their own free will. If you don’t attend an interview, the marriage certificate will not be registered and the marriage will be declared null and void.

The short answer

The answers to your questions are far from clear and we recommend contacting an organisation like Lawyers for Human Rights

The whole question

I  am served with papers under section 29 and required to submit written representation within 30 days. Where do I submit the appeal? And to which email address? Will I be required to leave the country or can I wait until I get a decision on the written representation?

My children are three years old and SA citizens.

The long answer

Thank you for your email asking where your appeal against Section 29 must be submitted, and whether you can stay in the country until your appeal is decided.

The most common reasons for which a person can be banned from entering South Africa under Section 29 are that they had been previously deported, or had been found with a fraudulent visa, permit, passport or identity document. You need to submit a written application to the Director-General of Home Affairs (DG) asking that your prohibited status be waived (overturned) and giving reasons for this.

The DG will take into consideration the reasons for the Section 29 papers being issued, the seriousness of the offence, and your personal circumstances – such as having two three year-old children who are South African citizens.

From the Home Affairs website, it was not clear which of the following email addresses was the correct one for appeals, so it’s safer to copy both of them:

The answer to the question of whether you can stay in the country pending the outcome of your appeal is far from clear:

On the one hand, it would seem that under the Refugees Act, you cannot be arrested and deported until you have exhausted the appeal process; but on the other hand, if your visa expires before you get the answer, you may very well be in danger of being arrested. Also, given that Home Affairs is very slow and dysfunctional, you may have to wait a long time