A damning forensic investigation conducted by the department of employment and labour has recommended that Minister Thulas Nxesi institute disciplinary proceedings against the UIF commissioner, the department director-general (DG) and other officials for their role in signing a R5 billion lucrative deal between Thuka Capital Fund and the UIF.

The deal was meant to create thousands of long-term and sustainable jobs and market linkages, and broaden supply chains.

The scheme also aims to redirect workers who have been retrenched into other absorptive industries by analysing their skill levels, retraining, coaching, and creating sustainable businesses, cooperatives and small, medium and micro enterprises, while incubating and holding them in a value chain managed and controlled by the ecosystem.

NO DUE DILIGENCE

The investigation was instituted in December last year after Nxesi invoked a fact-finding exercise in the appointment of Thuja and conducted due diligence to establish whether Thuja had the necessary capacity to deliver on the project. 

The forensic investigation reveals how the department DG, Thobile Lamati, and UIF commissioner Teboho Maruping ignored legal opinions before signing the deal. The forensic report also states that no due diligence was conducted before the multibillion-rand deal was signed.

Last week, Nxesi dismissed Mthunzi Mdwaba, the owner of Thuja Capital Fund, as the chairperson of Productivity SA, an entity of the department.

This week Mdwaba sent Nxesi a letter from his lawyers informing him that his decision to dismiss him was unlawful.

City Press understands that Nxesi appointed law firm N Gawula Inc to conduct the forensic investigation in December last year and a final report was handed over to the minister at the beginning of September. 

Law firm director Neville Gawula confirmed to City Press that his firm of lawyers was appointed to conduct the forensic investigation and handed it to Nxesi.

The forensic report, which City Press has seen, shows that Lamati, Maruping and other officials were interviewed as part of the investigation.

The report reveals that Thuja refused to participate in the investigation and did not allow some of its directors to be interviewed.

City Press understands that Thuja, in a letter dated June 23 this year, communicated to N Gawula Inc that “we will not subject ourselves to any due diligence process post-agreement as we were and have been advised that all processes had been followed by the UIF prior to the signing of the agreement”.

The report states that Thuja Holdings was, according to Companies and Intellectual Property Commission records, only registered and the directors appointed on December 5 last year.

The report further states that Thuja’s listed directors did not have the requisite experience, expertise, capacity or track record to implement the Thuja Capital proposal.

The report states that the labour activation programme national adjudication committee (LNAC) and labour activation programme (LAP) officials had not performed a risk assessment and due diligence on Thuja Capital or Thuja prior to Lamati’s signing the UIF/Thuja agreement.

The report states: 

Furthermore, the Industrial Development Corporation (IDC) had not performed a risk assessment and/or due diligence on Thuja Capital or Thuja, as previously advised by the Auditor General of SA, prior to the DG’s signing the UIF/Thuja agreement

The report also reveals that Lamati and/or Maruping were untruthful during interviews with N Gawula Inc.

“[Through] engagements with the department and the UIF, it is indicative that an actual, perceived and/or potential conflict of interest may exist, involving Mdwaba, in that he is the chairperson of the Productivity SA Board, of which the DG (Lamati) is the accounting authority,” the report states.

The report adds that Mdwaba, as the chairperson of the Productivity SA Board, would have insight and knowledge of the Productivity SA strategies and the entities in distress.

It states: 

The LNAC observed that there is a possible conflict of interest because one of the initiators is the chairperson of the board of one of the entities, the department of employment and labour ... it was an important observation member lifted up for the attention of the delegated authority for consideration in the decision-making process

The report states: “No written declaration, nor any reference [was] made of such declaration in communications addressed by Thuja Capital or Thuja to the department and the UIF.”

IGNORED LEGAL OPINIONS

With regard to Maruping, the report made damning findings that he ignored or discarded internal legal opinions and comments provided by the LAP Unit, LNAC, the department and the UIF chief operating officer offices, the department and the UIF legal services, including external legal opinions.

The report states that Maruping relied on legal opinions or justifications provided by Mdwaba when Mdwaba and the UIF commissioner were unqualified to provide them.

It states that Maruping failed to reasonably take due care and caution in applying his mind to adequately address the comments and inputs provided by the department and the UIF legal services in the draft UIF/Thuja agreement to ensure that all potential risks to the UIF were addressed and considered, and, instead, relied on comments, justifications and input provided by Mdwaba or Thuja Capital.

The report states that Lamati also ignored or discarded internal legal opinions and comments provided by the LAP unit, LNAC, the department and the UIF chief operating officer offices, the department and the UIF legal services, including external legal opinions.

It states that Lamati also failed to reasonably take due care and caution in applying his mind to adequately address the comments and inputs provided by the department and the UIF legal services.

NXESI MUST ACT

The report recommended that Nxesi implement measures that LNAC members, LAP unit officials, the UIF commissioner and the DG, promptly, in writing, and during LNAC meetings, declare any perceived, actual or potential conflict of interest for each proposal or application received by the LAP, adjudicated by the LNAC, and approved by the UIF commissioner or the DG.

It further recommends that stringent adjudication processes, due diligence and risk assessment standards and checklists be developed before proposals are sent for approval.

PRESIDENT CONSIDERS THE CIRCUMSTANCES

City Press understands that Nxesi has submitted the report to President Cyril Ramaphosa and proposed that Lamati be placed on suspension.

Presidential spokesperson Vincent Magwenya confirmed to City Press that the report has been received and is being processed.

Magwenya said: 

I can’t comment on the action the president will take until such time as the report has been properly processed and the necessary action carefully considered. However, once the report has been properly processed, appropriate action will be effected

Nxesi’s spokesperson Sabelo Mali confirmed that a forensic investigation was conducted on the deal and was also referred to Ramaphosa.

Mdwaba told City Press that he hadn’t seen the forensic investigation report and had instructed his lawyers to request a copy.

“The minister has refused to give it to me in my capacity as the chairperson and CEO of Thuja or as the chair of Productivity SA,” he said.

Maruping said: “I am not in a position to comment because I do not have the forensic report.

Getting documents from Home Affairs in South Africa can be very time consuming. Let Samigration.com make the process easier for you.

The Department of Home Affairs is proposing major changes to ID cards in the country. 

In South Africa, the Department of Home Affairs is responsible for issuing civic certificates and documents, including marriage, death, and birth certificates. They also issue Letters of No Impediment and divorce decrees to South African citizens, but what is the best and fastest way to obtain these documents from Home Affairs?

How long does it take to obtain documents from Home Affairs?

Unfortunately, if you attempt it alone, especially abroad at South African embassies, civic certificates like birth and marriage certificates usually take 6 to 8 months and at least two months if you apply from within South Africa. Also, for divorcees, letters of non-impediment can only be issued once your previous divorce has been registered and your status updated on the Home Affairs system, which can take up to 8 months. Please note that for marriages after the year 2000, without a DHA-30 form in your application, you will not get a marriage certificate from the DHA.

A note on birth certificates

One of the documents renowned for taking the longest of them all to obtain is the South African Unabridged Birth Certificate. Individuals born after 2014 were automatically issued with an unabridged birth certificate, but anyone born prior to 2014 will need to apply for their unabridged birth certificate at one stage or another.

The unabridged birth certificate is the long-form version of the abridged version that the majority of adult South Africans were issued with and contains information about both biological parents or guardians of an individual.

The Department of Home Affairs is renowned for taking anywhere between three and six months to issue a birth certificate and copies of unabridged marriage certificates, but document assistance services �` like Samigration.com �` can help you obtain yours in as little as three weeks if your records are easily accessible.

Obtaining copies of your divorce decree

The process of obtaining a copy of your South African divorce decree isn’t lengthy, but it is difficult. And that is why it is always best to work with professional documentation service providers, like Samigration.com, to help take the hassle out of the process.

In order for them to help you obtain your decree of divorce from Home Affairs, you would need to provide them with the following information:

• Divorce case number

• Court where the divorce was finalised

• Date (day, month, and year) of the divorce

• Names and ID numbers of the plaintiff and defendant (you and your ex-spouse)

Having corrections applied to your civic certificates from Home Affairs

Although it is entirely possible to have document corrections made to your official South African certificates, the process often takes much longer than one would expect. There are many South Africans that request simple changes to their details on certificates. But what very few people understand is the fact that document corrections can take much longer than the original issuing of the certificate.

Getting help with your civic certificates from the DHA

Getting documents from Home Affairs in South Africa can be a time-consuming and frustrating process if you attempt to do it on your own. The problem is that these documents all require endless queuing at Home Affairs for hours on end just to submit an application and then waiting for the documents to be issued, which could take months.

For most South Africans, time is a luxury you might not have when your travel dates or visa appointments are fast approaching. If you need help with obtaining any of these documents, get in touch with Samigration.com today, a documentation assistance service that does the queuing for you and can help you obtain your documents in record time!

The immigration act for South Africa allows for the Minister of Home Affairs to waive certain requirements of the act. Once the requirement has been waived, an individual or corporation will be exempt from that requirement in that instance. In layman’s terms that means that the minister has the authority through the immigration act to waive a specific requirement. In order to be granted the waiver, an applicant must have a “good cause” to be granted.

Your application for a waiver must be 100% sound and have good reasoning as the good cause must convince the Department of Home Affairs as to why they need to make an exemption for you. The applicant must prove that there is sufficient evidence to waive the requirement or form and then the Department of Home Affairs shall determine to either grant or refuse the waiver.

These are the different South Africa visa types you could apply for.

A scenario of when to use one:

1. Apply to reduce the cost of the required amount for the investment amount of R 5 million for a business visa if you received a positive outcome from the Department of Trade and Industry.

2. When an applicant is not able to apply for a police clearance certificate when for example applying for the family visa South Africa.

3. Apply to waive the Department of Labour certificate.

4. A business may apply for a blanket waiver for the same requirement for the corporate visa.

5. An applicant may not be able to travel back to his or her country of residence to apply for a temporary residence visa.

If you have been declared an undesirable person in South Africa and been banned then you need to apply to have your name cleared before returning to South Africa. I wrote an article not too long ago called “What is the penalty for overstaying in South Africa“, this will give you more context if you have been banned from South Africa. If your visa has been rejected by the Department of Home Affairs then you have to the visa appeal process South Africa.

Apply For A Waiver Today!

Take action today and get your waiver submitted before December 2023 for all ZEP Visa Holders.

Apply For a waiver now 

How do I get a waiver letter in SA?

There are two ways to get a letter for your specific case.

Option 1:

Typing out the letter yourself and then printing it to include in your application.

So now you might be thinking “how on earth can I type this letter for Home Affairs myself?” 

Some guidelines to assist you:

• Use formal language 

• choose your words wisely

• acknowledge the reader and thank them for their time

• Proofread your letter

Remember that when typing out the letter that you are seeking a waiver and detail out the reasons why you feel that a certain regulation should be waived for you.

The following tips will help you:

1. Ensure that your reasons for the waiver are valid.

2. Your letter should not be emotional, only stick to the facts.

3. Avoid writing about topics that is not relevant to your situation.

4. Steer clear from any form of complaint.

5. Ensure that your letter is easy to understand and makes sense in English.

Option 2:

You can make use of an immigration agent that renders immigration services for South Africa. The immigration agency will handle everything for you and they have vast experience when dealing with applications and will have numerous waiver templates that they could use. They are highly specialized and have experience in assisting many different families and individuals through the process. They understand the process and know exactly how to draft the letter for you so that your application stands the best chance when it gets to the Department of Home Affairs. You might be thinking “How much does an immigration lawyer cost in South Africa?” This depends if you make use of an immigration consultant or lawyer.

How long does a Waiver take to get approved in South Africa?

The waiver for a visa application submitted in South Africa can take between 4-7 months to be processed by the Department of Home Affairs. This is definitely a long time and therefore applicants must apply for this before their visa expires. The applicant must be in possession of a valid temporary residence or valid status in South Africa in order to submit the application.

The waiver must be submitted through VFS in South Africa.

How can we help you , please email us to info@samigration.com whatsapp message me on: 

 +27 82 373 8415, where are you now? check our website : www.samigration.com

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Alternatively , please contact us on :

 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 ) 

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Abridged birth and/or marriage certificates merely indicate the most basic details pertaining to the person to whom the document is issued.

Obtaining documents from Home Affairs is generally a tedious and somewhat confusing exercise, but perhaps the trickiest part of the whole exercise is figuring out which documents you need to apply for. Do you need an abridged, unabridged, or vault copy of your official South African document? Or perhaps all three? Why are there three versions of each document, and what are the differences between them? Samigration.com, a document concierge service provider, provides some much-needed clarity on the topic…

Understanding Abridged Birth and Marriage Certificates

In essence, abridged birth and/or marriage certificates merely indicate the most basic details pertaining to the person to whom the document is issued.

Between 1995 and March 2013, all children born in South Africa were issued abridged birth certificates. These certificates stated the name and surname of the child’s biological mother only. Children born after March 2013 were issued with the longer-form unabridged birth certificate, indicating the details of both the child’s biological parents.

Abridged marriage certificates are issued by the Department of Home Affairs on default after a wedding takes place in South Africa. The married couple often receives this certificate immediately after their wedding. If you live, work, and plan to stay in South Africa, this certificate should suffice.

An unabridged marriage certificate is only issued by the Department of Home Affairs and thus the only version that counts in overseas applications. This document is given to South African couples as well as non-South African couples (if they apply for it) that get married within the Republic. These certificates are also issued in the event that one partner in the married couple is a foreign national. These certificates are typically issued if the couple lives outside of South Africa or has plans to travel outside of the country, but your reason for application can be anything, and you will not be denied application.

It is essential to understand that the terms’ ABRIDGED’ and ‘UNABRIDGED’ are no longer used by Home Affairs. Instead, birth certificates are simply issued as THE BIRTH CERTIFICATE, and marriage certificates are titled MARRIAGE CERTIFICATE. Although it does not state unabridged, these certificates contain the exact same details that can be found on the unabridged certificates.

Understanding Vault copies of South African documents

Whenever a South African citizen is born, the original registration paperwork is stored at the archival offices of the DHA. The same process is followed when someone gets married or a person’s death is registered. These documents, which are stored in the vault, are proof that certificates issued to South African citizens contain the correct information.

As the name implies, a vault copy is an authentic copy of the original registration form. The “vault” is merely the name for the archives where these documents are stored. One can have vault copies for a number of documents, but usually, only birth, death or marriage certificates are required by South African citizens. Divorce decrees are held by the High Court in which the divorce order was granted.

Since vault copies contain essential information, they might be requested by foreign passport and visa issuing authorities for travel or immigration purposes. Vault copies are used as protective measures against fraud as it is believed that computer-generated South African unabridged certificates are vulnerable to forgery. In order to prove one’s lineage, you will often need to provide a vault copy of your birth certificate.

When taking the example of a birth certificate into account, when a birth is registered, a vault copy thereof is written by hand and contains the following information:

• Name and surname of the child

• Date of birth

• Place of birth

• Marital status of the biological parents

• Names and surnames of both biological parents

• Birthplace of both biological parents

How long does it take to obtain a vault copy from Home Affairs?

Locating the original file to make a copy of the birth registration form can be a lengthy process. When applying for these documents on your own, it can take a few months to obtain vault copies and in rare cases, even years. The process is further delayed by the fact that courier bags need to be filled up before they are dispatched to various branches of Home Affairs.

In the event that the DHA is unable to retrieve your documents from the vault, they might attempt to search for the document a second time, but after this attempt fails, the document will be classified as lost. This is why it is absolutely imperative to take good care of your original documents and make your own copies of them (hard and digital format copies).

Final thoughts

It is clear that it is always best to start planning early. Even if you do not currently have a need for the vault copies of your birth or marriage certificates, it’s better to apply for them and have them in hand when you need them most rather than finding out that an official process like applying for foreign citizenship might potentially be derailed by the fact that your vault copies are hard to track down.

If you need assistance with obtaining a copy of your marriage or birth certificate, get in touch with Samigration.com today.

How can we help you , please email us to info@samigration.com whatsapp message me on: 

 +27 82 373 8415, where are you now? check our website : www.samigration.com

Please rate us by clinking on this links : 

Sa Migration Visas

https://g.page/SAMigration?gm

Alternatively , please contact us on :

 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 landline CT  :  +27 (0) 21 879 5560

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

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 )

www.samigration.com

What is a Letter of No Impediment, why is it important? Samigration.com shares with South Africans all about it and how to obtain yours quickly

A Letter of No Impediment is of paramount importance for South African citizens when traveling abroad. But what exactly is this document, what purpose does it serve, and what’s the fastest route to obtaining one if you need it? This article delves into the topic and aims to answer all these questions.

 THE IMPORTANCE OF A LETTER OF NO IMPEDIMENT

A Letter (or Certificate) of No Impediment is necessitated by foreign authorities when South African nationals intend to marry in foreign countries. The South African Department of Home Affairs grants the certificate, confirming an individual’s current marital status. The certificate remains valid for a duration of six months from its issuance date. Though colloquially referred to as a letter of no impediment, this certificate assumes various other titles, including:

• Non-Impediment Letter

• No-Impediment Certificate

• Declaration of Non-Impediment to Marry

• Certificate of Freedom to Marry

• Statutory Declaration of Single Status

• Single Status Letter / Certificate

• Statement In-Lieu of Certificate of Non-Impediment to Marriage Abroad

• Affidavit of Intended Marriage

In instances where a previous marriage has occurred, a Letter of No Impediment, coupled with a divorce decree, is required to validate one’s unmarried status. In many foreign nations, this legal document is indispensable; without it, marriage within their jurisdiction or registration of such a marriage might be precluded.

LEGALISATION AND AUTHENTICITY OF A LETTER OF NO IMPEDIMENT

For those possessing an original Letter of No Impediment, the option of legalisation is available. This involves having the letter officially placed on a Home Affairs letterhead, endorsed, and stamped by an authorized Home Affairs official.

It’s pertinent to note that the authenticity of a Letter of No Impediment lies in its issuance, stamping, and endorsement by duly authorized Home Affairs officials. Letters of no impediment issued by regional Home Affairs offices are not legally accepted. The only legally recognised letters of no impediment for international marriages are those issued by the Department of Home Affairs Head Office.

WHO CAN APPLY FOR THE LETTER?

Individuals desiring to marry outside South Africa may be required to furnish foreign authorities with an apostilled letter of no impediment. This letter aims to verify the legal capacity and right to marry. Should the intended marriage occur in a country adhering to the 1961 Hague Convention, an apostilled letter simplifies the document legalisation process.

The procedure can prove more intricate for countries not party to the Convention. In such instances, the Letter of No Impediment must undergo authentication via a three-tiered process. Irrespective of the country’s Convention status, obtaining a Letter of No Impediment is crucial for securing visas and permits.

HOW CAN ONE APPLY IN SOUTH AFRICA?

To acquire a letter of no impediment, applications can be submitted to either the Department of Home Affairs or a South African High Commission office (note the potential for extended waiting periods).

The application process entails completing a designated form and submitting an application fee. Processing times may vary depending on the workload of the High Commission Office, potentially exceeding six months for issuance.

Before seeking a Letter of No Impediment, verifying your South African marital status is advisable. Instances of fraudulent marriages reported to the Department of Home Affairs underscore the necessity of confirming your marital identity before application.

HOW LONG DOES IT TAKE TO GET THE LETTER?

Processing times for these certificates are contingent on the accessibility of records within the Department of Home Affairs archives. Obtaining a Letter of No Impediment from a South African High Commission or consulate can take up to six months. However, document experts like Samigration.com can assist South Africans with obtaining these certificates in 2-6 weeks.

FINAL THOUGHTS

Letters of no impediment serve as official government documents, attesting to the thorough investigation of an individual’s credentials, confirming the absence of any record of marriage under their name. This preventative measure ensures individuals can only marry in different countries with detection.

Issued by the South African Department of Home Affairs, these certificates affirm the marital status of South African nationals. Their validity extends for six months and extends to various legal processes within and beyond South Africa, including visa applications, residency permits, and marriage procedures.

For those seeking a Letter of No Impediment, we understand the inconvenience of navigating queues at Home Affairs. Samigration.com, a South African agency specializing in legal document assistance, offers a hassle-free solution.

How can we help you , please email us to info@samigration.com whatsapp message me on: 

 +27 82 373 8415, where are you now? check our website : www.samigration.com

Please rate us by clinking on this links : 

Sa Migration Visas

https://g.page/SAMigration?gm

Alternatively , please contact us on :

 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 landline CT  :  +27 (0) 21 879 5560

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

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 )

www.samigration.com