A court has said that children born in South Africa to foreign national parents are not automatically entitled to South African citizenship. 

Pretoria - A court has found that children born in South Africa to foreign national parents do not automatically entitle them to South African citizenship.

The court then turned down an application by Zimbabwean parents for their children to be issued with SA birth certificates.

The parents had turned to the Polokwane High Court to review and set aside a decision by the department of home affairs, which refused to issue the three children with birth certificates.

The argument by the parents was that the department’s refusal was unlawful, unconstitutional and invalid.

The parents are Zimbabwean citizens currently staying in South Africa. They have three children who were born between 2010 and 2016.

All their children were given unabridged certificates for non-Citizens. The father said he was in South Africa on a work permit and the children’s mother was his partner.

The parents had approached the department to apply for a South African birth certificate for each of the children. Their application was prompted by the fact the children were all born in South Africa and didn’t have Zimbabwean citizenship or nationality.

They were told the only assistance they could get from the department was to be issued with unabridged birth certificates for non-South African citizens for their children in order for them to go to Zimbabwe so that the authorities there could issue them with Zimbabwean birth certificates.

The father said since he worked in South Africa and the children were born here, they were entitled to South African citizenship.

The parents claimed to be holders of work and visitor’s permits and all their children were born in south Africa while they as parents held such permits.

The department said it was difficult to issue a South African birth certificate for citizenship where grounds for citizens has not been established, as in this case, in terms of either birth or naturalisation.

Children born of permanent residents follow their parent’s status, the department said, adding the applicants were from Zimbabwe and had not renounced their citizenship.

Dual citizenship is prohibited in law and as such the applicant’s children are Zimbabwean citizens.

The department also said citizenship could not be conferred on children of permit holders for work approved for that purposes, or for study or holiday purposes.

Its stance is that the notification of birth can be taken to the parents’ country of origin, which is Zimbabwe, for registration and issuing of passports.

The court was told that despite the special permit dispensation extended to Zimbabwean nationals over some time, some parents had failed to regularise their stay and thus disadvantage their children.

The parents in this case failed to safeguard their children’s identity and nationality because they might be in the country illegally for the possibility of expired permits.

Not every person is in South Africa with an intention of staying, the department argued.

It further held the parents had failed to elevate their status to that of residence and, as a result, it was doubtful that having arrived in the early 2000s, they remained permit holders.

The department asked the court to note the Constitutional Court’s findings earlier that citizenship was not just a legal status, but it went to the core of a person’s identity and their sense of belonging.

The court said the basic principle of South African citizenship was that a child followed the citizenship or nationality of his or her parents.

If one parent was a South African citizen, the child would be a citizen by birth.

The court turned down the application and said it’s best to register the children in Zimbabwe.

Johannesburg - President Cyril Ramaphosa has vowed to act decisively and tighten immigration laws and policies.

Ramaphosa, in his weekly newsletter, reflected on last Thursday’s tragedy at Usindiso Shelter, where 77 people died when a fire broke out in the early hours of Thursday morning.

On Monday, the president, who has jetted off to Zimbabwe for the inauguration of president-elect Emmerson Mnangagwa, said it has become his priority to deal with regulating illegal immigration as this encourages exploitation of the vulnerable foreigners in the country.

“Dealing decisively with illegal immigration is a priority because regularising the immigration status of all those who have the legal right to be in our country helps to protect them from exploitation.

“There are complaints about employers who flout the law and hire illegal immigrants so they can pay them less. There are also corrupt individuals in the state working with criminal syndicates to get fraudulent documents for those desperate to remain in the country,” he said.

Ramaphosa added that last week’s tragedy, the second such in one week, even though the first one was not as severe and widely reported on, was one tragedy too many.

“Last Thursday, the 31st of August, we woke to the news that a building in downtown Johannesburg was on fire, with many of its inhabitants still trapped inside.

“At such a time, we embrace our common humanity. It does not matter what the nationalities of the inhabitants are. It does not matter if they were or were not documented. What matters is that, as a people of empathy and compassion, we rally around the survivors who have lost everything and who are struggling to come to terms with what has happened to them,” Ramaphosa added.

Ramaphosa said there needs to be serious questions asked about how some 200 people were able to occupy a building that was not built for housing, was unsafe, and had no basic services.

“Serious questions must be asked about why by-laws are not being enforced across vast swathes of certain cities, resulting in them becoming run-down. These areas are attracting crime, further compounding the problem.

“Serious questions must be asked about how the laws and regulations designed to protect tenants from arbitrary eviction have been used by unscrupulous and criminal ‘slumlords’ to prey on society’s most vulnerable,” he said.

When it comes to housing, Ramaphosa said the country needs to resolve backlogs in the provision of housing in towns and cities across the country as more and more people enter urban centres.

“This tragedy has brought to the fore the need to resolve the challenge of housing in our cities. The demand for housing continues to grow. The movement of large numbers of people into our major centres is fuelling the growth of informal settlements and placing further strain on infrastructure and services.

“Municipal authorities across the country dealing with inner-city decay need to redouble their efforts to revitalise these areas, use regulatory and legislative provisions to safeguard human life, and hold landlords whose premises have become headquarters of criminal activity accountable.

“We need clean, safe, liveable, and vibrant inner cities that attract people to live, work or study. We want our inner cities to attract businesses and investment. We cannot allow certain parts of our cities to suffer chronic neglect and become ‘no-go areas’ because of rampant criminal activities,” he said.

Johannesburg, The Helen Suzman Foundation (HSF) has launched an urgent application against Home Affairs Minister Dr Aaron Motsoaledi and his department in the High Court to stop the “mass deportation” of illegal immigrants in the country.

The move follows the stance pronounced last month by Motsoaledi that officials would be conducting extensive law-enforcement operations to deport individuals living in the country without proper documentation.

In a message on the department’s official social media account early last month, Motsoaledi asserted his firm position on illegal immigrants as he tweeted: “We don’t make noise when we conduct law enforcement operations. We move in and deport people.

We’ll be going to many other communities and deporting those who are here illegally,” the message read.

The announcement comes less than three months after a full Bench of the Gauteng High Court, Pretoria, ruled on June 28 that the decision to terminate the Zimbabwean Exemption Permit (ZEP) was invalid, unlawful and unconstitutional.

The application heard in April was brought by the HSF and the Consortium for Refugees and Migrants in South Africa, challenging Motsoaledi’s December 2021 decision not to renew the ZEP.

The decision not to renew the ZEP meant that permit holders who did not apply for an exemption or were not granted an exemption would have to return to Zimbabwe after calling South Africa home for more than a decade.

In the recent court application sought for September 18, the foundation, along with the Consortium for Refugees and Migrants in South Africa, are pleading for an “interim enforcement” order from the High Court to curb the latest attempts to deport illegal immigrants.

In spite of the organisations’ attempts to halt the mass deportation of illegal immigrants, their recent court challenge has been criticised by some members of the public, especially following the fire at a hijacked building in Joburg that saw 77 people die and the negative impact of illegal zama zama operations.

“Nicole Fritz cannot win every case, using the money allocated to her as an NPO. HomeAffairsSA now has solid proof regarding the negative effects of illegal immigration. They must use the #JHBFire and #zamazama humanitarian catastrophes as reliable points of comparison. Moreover, why does the state use our tax money to support the Helen Suzman Foundation? These NPOs ought to be permanently outlawed,” wrote user Lolo Taunyane.

“Has Ms Fritz or any office-bearer of the foundation offered to personally support or take in any illegal immigrants into their personal homes and estates? I’ll park here and wait,” added user Brett Ben Raphael.

Meanwhile, in what appears to be a human trafficking syndicate operating in Ekurhuleni, Motsoaledi, confirmed on Friday that the department had intercepted a home in Primrose where more than 100 undocumented immigrants were found.

These immigrants were subsequently arrested. It is reported that many of them were Ethiopians, while four were Malawians.

The minister said only four of these people had any form of documentation on them and the owner of the property was also detained at the Primrose police station.

The arrest was part of the department’s crackdown on illegal foreigners conducted with other spheres of government, including the SAPS.

Cape Town Air Access, powered by Wesgro, has released updated figures for the estimated economic impact of international passengers travelling to Cape Town and the Western Cape. The figures highlight the remarkable economic contribution of air travel to the local economy, emphasising its role in job creation, direct tourism expenditure, GDP growth, and air cargo transported.

Underpinning the indispensable role of aviation in the tourism sector in the province, the arrival of 605 000 foreign passengers injected a whopping R24.3 billion into the Western Cape economy in 2022 alone, supporting 10 600 jobs.This means that for every 100 international passengers travelling to Cape Town and the Western Cape, R2.1 million is generated in direct tourism spend. In addition, the same 100 passengers support the movement of R1.4 million worth of air cargo for the province.

The findings reveal that the aviation sector plays a pivotal role in economic prosperity with the arrival of every 100 passengers enabling an impressive injection of R500 000 to the provincial GDP (Gross Domestic Product) through direct and indirect aviation value chains, enabling two local jobs.

A further analysis of the demographic breakdown of these travellers shows that out of every 100 passengers, 39 are South African nationals, while the remaining 61 are of foreign origin. For the top five markets the distribution includes, on average: eight passengers from the United Kingdom; six from Germany; five from the United States; three from the Netherlands; and three from Namibia  all indicative of our top source tourism and export markets.

“These latest economic impact assessment results underscore the significance of the Cape Town Air Access project and its role in increasing direct air connectivity, creating a ripple effect on both tourism and the broader economy. With the upcoming peak summer season expected to surpass 2019 passenger levels, it is clear this number will continue to grow in 2023,” says Wrenelle Stander, Wesgro CEO and official spokesperson for Cape Town Air Access.

Mayoral Committee Member for Economic Growth at the City of Cape Town, Alderman James Vos, said: “Aviation is a pillar of Cape Town’s destination value offering and fits in perfectly with my goal to help create a tourism-related job in every household in the metro, because when we land more flights, multiple industries benefit. As such, the City is proud to be a funding partner of the Air Access initiative which has boosted the local tourism sector and the wider economy. We look forward to seeing our aviation industry soar to even greater heights in the coming months.”

“These results re-affirm the aviation sector’s growing significance as a major engine of economic development, and its far-reaching contributions to other industries as a catalyst for a spectrum of economic activity. The incredible work that Cape Town Air Access has been doing since 2015 continues to pay dividends with the province currently capturing a large share of South Africa’s business and tourism traffic. It’s also worth noting that the passenger and cargo connectivity provided from Western Cape has positively impacted Foreign Direct Investment and trade, providing an even greater access to foreign markets, encouraging exports, and increasing competition in the local economy,” concluded Western Cape Minister of Finance and Economic Opportunities, Mireille Wenger.

The United Kingdom has long been a destination of choice for individuals seeking new opportunities, world-class education, and a high quality of life. 

For South Africans, the UK offers a range of visas and permits that provide avenues for business investment, expansion, work, and residence. This article will shortly explore the prominent visa routes available, shedding light on the Innovator Visa, Expansion Worker Route, and Skilled Worker Visa. 

Overview of the UK Immigration Landscape 

The UK immigration system has undergone significant reforms recently, aiming to attract the best overseas talent and facilitate economic growth. The country’s strong economy, cultural diversity, and renowned institutions make it a hotspot for ambitious individuals. 

Recently, there have also been significant changes and developments in British Nationality law. Historically, there were many injustices and discrimination in British laws and regulations. The changes to the Nationality legislation brought into the 1981 British Nationality Act hope to redress these historical injustices and discrimination. The aim of the new amendments is thus to put persons in the position who would have automatically become British citizens had the past laws been just and fair. South Africans with British roots would be well advised to contact our Nationality department, as they could qualify for a British passport. 

Innovator Founder Visa Route  Pioneering Entrepreneurship 

For South Africans with a creative and entrepreneurial spirit, the Innovator Founder Visa route beckons. This pathway is tailored for individuals seeking to establish innovative UK businesses. Applicants need a viable and innovative business idea endorsed by an approved endorsing body to qualify. This visa grants the flexibility to work on the business and bring family members to the UK. Successful applicants are granted a stay of up to 3 years, with the possibility of extension and settlement.

One of the most significant advantages of this route is that it offers expedited settlement in certain circumstances. Holders can also take up secondary employment within specific parameters. 

Expansion Worker Route Seizing Professional Opportunities

The Expansion Worker Route is an enticing option for South African businesses looking to expand to the UK. It accommodates individuals transferring from their existing employer’s organisation to a newly established UK branch, ensuring a seamless transition for both the employee and the employer into the UK markets. This route is proving popular with businesses looking at diversifying risk and expanding into new, untapped markets. 

Skilled Worker Visa Route  Tapping into Expertise

The Skilled Worker Visa route is a cornerstone of the UK’s immigration framework, designed to attract skilled individuals across various sectors. Applicants must have a job offer from a UK employer with a valid sponsorship license. The job must meet specific skill and salary requirements. This visa offers a pathway to settle in the UK permanently, making it an attractive option for those looking for stability.

Certain professions in the UK face a shortage of skilled workers, prompting the country to establish shortage occupation lists. These lists encompass roles in healthcare, engineering, construction, and technology. South Africans with expertise in these areas can benefit from a streamlined visa process and reduced eligibility criteria. 

Excitingly, a paradigm shift is also taking place in the UK post-Brexit. A post-graduate degree or a high-skilled professional label is no longer necessary to meet the requirements. The Shortage Occupation List is constantly being broadened to include eligible occupations requiring a matric certificate alone. Jobs like secretaries, personal assistants, butchers, florists, bar and restaurant managers, and more also find them on the welcoming roster. 

While an array of occupations could potentially qualify you for the Skilled Worker visa, it’s imperative to consult with SA Migration to navigate the labyrinth of eligibility requirements before embarking on a job search. 

A Timely Approach Navigating Rising Fees 

Prospective UK visa applicants should be aware that the UK government has announced a significant increase in immigration fees and the immigration health surcharge. Unfortunately, no specific dates were provided so that it could occur anytime. Based on the timing of previous fee increases, SA Migration expect it to take effect in October 2023. Still, it is possible that it could be implemented earlier with very little prior notice. 

To mitigate financial concerns, SA Migration thus recommended initiating the application process as early as possible, ensuring that you lock in the current fee structure.

SA Migration, the Trusted Name in UK Immigration 

Navigating the UK immigration landscape can be intricate, with various pathways and evolving requirements. For South Africans seeking clarity, guidance, and a smooth application process, partnering with seasoned UK immigration consultants is paramount to ensure a successful outcome. SA Migration Immigration Consultants has offered tailored solutions to fit our client’s unique circumstances for over 25 years. We stand ready to assist our clients of all walks of life however we can.