No one is exempt from the Home Affairs omnishambles

No one is exempt from the Home Affairs omnishambles

Daily Maverick – 10 Nov 2022

The Department of Home Affairs is the stuff of nightmares, from never-ending queues aggravated as IT systems collapse, to applications disappearing into the bureaucratic netherworld.

The Home Affairs disaster cuts right across society, including the learner who needs an identity document to write matric exams, widows left stranded without death certificates to access pension funds or moms cradling newborns who need birth certificates for child care grants.

Or a spouse, of say, an entrepreneur or small-scale investor, left vulnerable not knowing if South Africa can be the family home and workplace given the lack of certainty on permanent residency. Or the business executive whose visa to South Africa falls into the investment drive President Cyril Ramaphosa has pursued to boost economic growth.

The presidential R1.2-trillion investment target is some 95% met with a year still to go. But people adroit with numbers point out the difference between pledges and actual rands in the government’s bank account. Those numbers reflect not much more than what would have come to South Africa anyway.

So what’s more important is what actually gets done – more cars, more vaccines, more chocolates. Or green hydrogen, and electric cars. And visas are key for that. One would have thought immigration permitting prioritisation in the interest of economic growth – and job creation – would be supported with a clear focus on business, critical skills and related visas.

Not so in this mess

“The new process requires printing of applications and routing them to the chief director [of] permits, a process which is cumbersome and results in undue delays,” says Home Affairs’ 2021/22 annual report on why the target of 90% in the eight weeks turnaround for business and general work visas evaporated from mid-January 2022.

On the critical skills visa front, just more than 57% of applications were adjudicated within the targeted four weeks. What happened to the other 2,086 applications, or how long they will remain outstanding, is not detailed. The report shows “negative per­formance” for the first quarter of 2022.

Global grumblings grew also from companies whose executives were stuck in visa limbo, never mind any investment or other commitment made in presidential ribbon-cutting moments.

South Africa hosts hundreds of overseas companies, which have invested tens of billions of rands in the economy and social upliftment. Those include 600 German companies, 400 French, 100 Swiss, 150 British and about 600 American companies.

Why a new way of visa application processes would be introduced without having all required systems in place is gobsmacking. That it took to September 2022 – in effect seven months – to fix the growing backlog is similarly gobsmacking.

“The Department of Home Affairs has … held meetings with various stakeholders to update them on their applications such as Ford, SAB, BMW, Procter & Gamble and Huawei,” said Home Affairs Minister Aaron Motsoaledi’s parliamentary reply to IFP MP Liezl van der Merwe in September.

A list of 605 such business visa applications have now been finalised since the establishment of a “dedicated team” of Home Affairs and Trade, Industry and Competition. An additional 26 adjudicators are prioritising critical skills and business visa applications to ensure a shorter turnaround time. This is as South African missions abroad are  again allowed to process applications since 1 September.

“The department will continue to contribute to provide support to government to realise economic growth while also ensuring the integrity of our enabling documents,” said Motsoaledi in his parliamentary reply 2917.

More business visas outstanding

In early October it’s understood two chambers of commerce representing various European companies finally managed to clinch a meeting with Home Affairs top officials. Whether the reassurances that backlogs are being addressed actually turn into visas in passports remains to be seen.

Crucially, the point is not to support elite facilitated services. It’s that if even those with access to top public service decision-makers are left floundering, what hope do ordinary South Africans have in accessing Home Affairs services?

In 2016, Home Affairs moved from the governance ministerial cluster to security. But securocrats are more focused on what the police calls “stamping the authority of the state”. Yet, ironically, one of South Africa’s biggest security risks is the absence of transparency and accountability – or one rule for everyone, every time – in the Home Affairs chaos.

www.samigration.com

Home Affairs, border posts will be hit as 235 000 civil servants plan strike on Thursday

Home Affairs, border posts will be hit as 235 000 civil servants plan strike on Thursday

News24 – 10 November 2022

  • The Public Servants' Association maintains that its strike in the public service will "definitely" commence on Thursday.
  • Public unions affiliated with Cosatu will announce their plans in the deadlocked public service wage talks on Wednesday.
  • Acting Minister of Public Service and Administration Thulas Nxesi will reply orally to questions about the wage talks in Parliament on Wednesday. 

The Public Servants' Association (PSA) maintains that its strike in the public service will still "definitely" commence on Thursday, while the government said it would have measures in place to mitigate the impact of the industrial action.

The union has 235 000 members, and warned that its planned strike would hit Home Affairs, the Department of Transport, and South Africa border controls in particular. This will be the PSA's first strike since 2010. The union was founded more than a century ago.

Government is unilaterally implementing a 3% wage hike this month, while the PSA is demanding 6.5%.

Only the SA Democratic Teachers' Union (Sadtu) has accepted government's 3% wage offer, while Cosatu affiliates want a 10% increase.

The PSA will hold a march and picket at the offices of the National Treasury on Wednesday.

PSA assistant general manager Reuben Maleka told News24 that the PSA strike would "definitely" take place on Thursday.

The PSA said that if the strike becomes protracted, it had a fund in place to pay striking members. However, News24 understands that some in government only expect a one-day strike.

Maleka said the union would also march to the National Treasury to register its umbrage with Finance Minister Enoch Godongwana setting an average 3.1% increase to the public service wage bill in his Medium-term Budget Policy Statement in October.

This was in line with the Acting Minister of Public Service and Administration Thulas Nxesi's decision to invoke section 5 of the Public Service Act to implement the 3% increase unilaterally, which will be paid out to qualifying public servants from next week.

The Department of Public Service and Administration said in a statement that it noted the PSA's plans to embark on a national march on Thursday.

"The department has put measures in place to mitigate the impact of such an action by the PSA."

It said rules state that picketing may "only take place during lunch hours or tea breaks outside the premises of the employer".

"All provisions related to the management of employees participating in the protected strike shall apply," the statement said.

In Parliament on Wednesday afternoon, Nxesi is set to appear in a plenary of the National Assembly to reply orally to questions regarding the ongoing deadlock in the public service wage talks.

Meanwhile, public service unions affiliated with the Cosatu - namely the National Education, Health, and Allied Workers' Union (Nehawu), the Democratic Nursing Organisation of SA (Denosa), and the Police, Prisons and Civil Rights Union (Popcru) - will hold a briefing on Wednesday to announce their plans after being awarded certificates of non-resolution.

www.samigration.com

Theft, vandalism cost Home Affairs billions, but department shows signs of improvement

Theft, vandalism cost Home Affairs billions, but department shows signs of improvement

Daily Maverick - 10 Nov 2022

Mobile units, online appointments and cable theft were among the issues that cropped up during a Home Affairs briefing in Parliament on Tuesday.

people have used the Department of Home Affairs’ online booking system to make appointments since 1 June this year, it emerged in Parliament.

A delegation of Home Affairs officials led by Deputy Minister Njabulo Nzuza briefed Parliament’s home affairs oversight committee on its mission to reduce queues and sort out network downtimes. Ironically, many MPs and officials had network connectivity issues during Tuesday’s virtual briefing. 

While the meeting was a follow-up to one held in 2021, issues of long queues, offline systems and poor services are nothing new. 

200,000 clients served

During the briefing, Thulani Mavuso, the department’s Deputy Director General: Institutional Planning and Support, said that since 1 June 2022, more than 200,000 clients had used the online booking system. 

This is a pilot project in 162 branches across the country.

Mavuso said offices were being equipped with tablets to allow officials to help clients who did not have computers to book appointments online. 

He said Home Affairs offices such as Centurion and Randburg have up to 95 appointments a day. Mavuso said this showed the department was “getting somewhere in this regard”. However, the system was not without problems: while one can make an appointment to apply for an identity document or passport, one cannot make an appointment to collect it.

Committee members raised several questions about the online system. While the DA’s Adrian Roos said the online booking system was a good idea, he questioned how people who were poor or did not have smartphones would benefit.

Kavilan Pillay (ANC) questioned if and when the online booking system would be permanent.

Home Affairs Director-General Tommy Makhode said the booking system involved a hybrid approach, where walk-ins were allowed. 

“[There is] no office that is not accepting walk-ins,” he said. 

Challenges, mobile units and more appointments

During the briefing, EFF MP Lorato Tito questioned the costs of vandalism at Home Affairs. In its presentation, the department said incidents of cable theft and vandalism affected infrastructure. Fibre networks were cut, which affected connectivity.

Makhode said that while there were no exact costs that could be attached to this sort of vandalism, the South African Chamber of Commerce and Industry put the figure at between R5-billion and R7-billion a year.

Mavuso said the department had presented a case to Treasury for an additional allocation for its compensation of employees’ budget. Treasury then approved funding for 742 posts within the department.

All posts for front office managers have now been funded and are being filled in the current financial year, the department said.

At the Border Management Authority, 200 border guard and seven administrative positions were filled as of 21 October. 

In August, the department announced plans to recruit 10,000 young people to help digitise departmental civic records.

On mobile units, the department said there were 110 units across the country, with 106 across provinces and four based at head office which were used for special projects.

According to the department, 126,202 smart ID applications were processed through mobile units in the 2021/22 financial year. In the first half of the year, 111,958 cards were collected. An additional 20 mobile units were being procured in the 2022/23 financial year. 

Committee chairperson Mosa Chabane said oversight visits at some Home Affairs offices were planned.

www.samigration

High Court finds spousal visa rules unconstitutional

High Court finds spousal visa rules unconstitutional

9 June 2022 -  Groundup

Foreign parents of South African children should be allowed to remain in the country even if their relationship with their spouse ends

The Western Cape High Court has ruled that certain provisions of the Immigration Act and its regulations are unconstitutional.

  • The Western Cape High Court has found that compelling foreign spouses and caregivers to leave the country if their relationship with their South African spouse ends is unconstitutional.
  • Judge Mark Sher said the spousal visa rule was in conflict with parental duty and the rights of the child.
  • Home Affairs opposed the case saying the rules were there to prevent foreigners gaining entry to South Africa through sham marriages.

A judgment by the Western Cape High Court means that foreigners who are parents and caregivers of South African children will be allowed to remain in the country after their relationships with their South African spouses come to an end.

Judge Mark Sher has ruled that certain provisions of the Immigration Act and its regulations are unconstitutional.

Among the applicants in the case before him were a 47-year-old German woman, who is a mother of two, a French baker who has become his three children’s sole guardian after his wife abandoned them, a British company executive, a Kenyan media researcher and a Swiss carpenter.

All had been residing and working in South Africa on “spousal visas”, which had been extended from time to time but were no longer valid because of the termination of their relationships.

They all have children who are citizens. “All have been dutiful and supportive parents and caregivers to their children, sharing parental responsibilities,” noted Judge Sher.

The applicants complained that because their relationships had ended, their temporary residence rights in terms of the spousal visas issued to them, had automatically expired. They were no longer allowed to work or live in South Africa and must “depart”, failing which they would be deported.

Should they wish to apply for any other form of visa, such as a visitor or relative visa, they would have to do so from outside South Africa. Visitor and relative visas also do not allow them to work in the country.

The applicants said this was an unjustifiable limitation of their constitutional rights and those of their children to dignity, equality and parental care. It also offended the “best interests of the child” principle.

“They point out that while their spousal relationship might have come to an end, their parental relationships have not,” said Judge Sher.

“In effect, the applicants have the Hobson’s Choice of either breaking the law by continuing to live and work in the country in order to maintain their parental responsibilities and relationships and contact with their children, or uphold the law by leaving the country, therefore breaching their parental duties and severing their contact and relationships with their children.”

“I am of the view that the effect of the provisions in issue results in a violation of both their rights to dignity as well as those of their children, and the children’s constitutional and parental rights,” the judge said.

The Minister and officials of the Department of Home Affairs opposed the application saying that the provisions were there to prevent abuse by foreigners who “entered into sham marriages” to obtain rights of entry, residence and work.

They denied that the provisions in the Act were discriminatory but said any rights limitation was justified and reasonable and commonly found in many open and democratic countries throughout the world.

But Judge Sher said the respondents had offered up very little, if any substance, about the infringement of parental rights and right to dignity. For example, they had not shown why it was necessary for foreign parents to leave the country and their children in order to regularise their status.

“In order to ensure that the country is not overburdened with additional South African children who are destitute and need to be provided for at state expense, the contribution which is provided by their foreign parents is surely a necessary and needed one, as long as they were working in the country lawfully at the time of the termination of their spousal visa.

“One can expect that they should, if possible, continue to be accommodated in the country so that they can continue to support their children and care for them, both financially and emotionally,” said Judge Sher.

He declared as unconstitutional sections of the Act that: require a foreigner who holds a spousal visa, who has parental responsibility and rights, to leave South Africa on the termination of the relationship; require such a person to make an application for a change in status from outside South Africa; do not allow a foreigner who may be eligible for a visitors or relatives visa to work in South Africa in order to discharge their parental rights and responsibilities.

Judge Sher suspended the declaration of invalidity for 24 months to enable Parliament to remedy the inconsistencies but ordered a “reading in” of the provisions in the interim.

One applicant, a Zimbabwean boxing coach, sought an order setting aside the declaration of him as an “undesirable person”.

Judge Sher declined to grant this order. He said the man had been in the country illegally since 2012 and had shown a “blatant disregard for the law”.

“Although the Court’s sympathies lie with his child, assisting him would encourage and effectively grant a licence to foreigners to enter the country illegally, and to live and work here illegally until the moment when they have a child who is a South African citizen or permanent resident, which they need to support, which they could then use to legalise their stay.

“No country that functions in terms of the rule of law can endorse such a stance.”

www.samigration.com

 

Say hi to 'Sandton 2.0', as swanky suburb beefs up security with artificial intelligence

Say hi to 'Sandton 2.0', as swanky suburb beefs up security with artificial intelligence

News24 – 07 November 2022

  • Sandton's property owners and businesses were not idle as the pandemic shuttered stores and offices, and they were contemplating how to revive the suburb.
  • High-tech security features to renew Sandton Central precinct have now been introduced, including number plate recognition.
  • There are signs that activity is improving in precinct, while new security efforts also helped recently amid warnings of a potential terrorist attack.

While some were writing Sandton's obituary during the height of the Covid-19 pandemic when the work-from-home (WFH) phenomenon became the norm, others - like its property owners and businesses - were planning its revival.

From the rollout of 250 state-of-the-art security cameras with artificial intelligence (AI) features to combat crime, to piloting the use of batteries at major traffic light interchanges to keep traffic flowing during load shedding, efforts over the past two years have been under way to improve the value proposition of SA's financial hub, aiming to make it a smart city with world-class security.

The cameras, which were installed at all major intersections in partnership with Vumacam, have AI capabilities including numberplate recognition and the ability to spot suspicious behaviour such as loitering. In this way, cars, which may have been stolen and being used for crime in the area, can be identified, while security teams can be dispersed to investigate any suspicious loitering by would-be criminals. 

Now, there are also three tactical response vehicles available at any given moment to attend to any crimes, as well as a dedicated medic available 24/7 to help with accidents or any other life-saving emergencies.  

The neighbourhood's pilot project with the Johannesburg Roads Agency (JRA) to install UPS batteries at major intersections is also gaining momentum. Elaine Jack, precinct manager for Sandton Central, says the suburb is currently working on an agreement with JRA and that it hoped to "roll this out and power up all the critical intersections in Sandton".

She says the use of batteries is aimed at making Sandton as accessible as possible to tenants and others visiting or working in the area.

Interventions paying off 

Jack believes the interventions are working and delivering the desired results, with activity in the precinct improving, adding there has been a steady increase in traffic in the area in recent months.

"Of course, the buzz is definitely there. On a day-to-day basis you can see it improving."

Elaine Jack, precinct manager for Sandton Central

The interventions, including security changes, also had an important role to play in mounting a response to the alert issued by the US embassy about a possible terrorist threat over the weekend of 29 October, when Sandton was also hosting Joburg Pride.  

Jack said the precinct's proactive management and long-standing relationships meant that Sandton Central could respond swiftly with an effective community effort when faced with heightened security situations. For instance, in response to the security alert from the US Embassy, she said the precinct collaborated with the police, various private security companies, and the community policing forum and tapped into the advantage of the 250 CCTVs covering the precinct to monitor it effectively and respond to abnormal or suspicious activities promptly.

Starting in August 2020 when much of the area was a ghost town with large swathes of vacancies, the Sandton Central precinct, consisting of about 60 members across 143 buildings, took advantage of the lull to start looking at ways to significantly improve it, so it was ready for when life returned to some semblance of normality. The boundaries of Sandton Central, which consists of three separate city improvement districts (CIDs), stretch from Grayston up to Sandton Drive and extend to Rivonia Road, Wierda Valley and Katherine Steet. 

Among the high-profile members of Sandton Central are JSE-listed property groups Growthpoint Properties and Redefine Properties, as well as the JSE, Africa's largest bourse, and other top financial services groups in the area such as Discovery, Investec, Alexander Forbes, Old Mutual and Nedbank, among others. Law firms Webber Wentzel and Werksmans Attorneys are also members.

Jack explains that Sandton Central, which traces its origins to the year 2000, is managed like a "nonprofit company" with it collecting CID levies from property owners and businesses to provide "supplementary and complementary top-up services in the public space". It was originally started to ensure that the precinct did not deteriorate like much of the Johannesburg central business district did in the 1990s.

In the last financial year for 2021/22, levies collected by Sandton Central amounted to R16 million in total, with generally about 67% of that going to security, 15% to cleaning and maintenance, and 18% to management and administration of the precinct. The rest of the levies go to special project, such as the UPS batteries for traffic signals, marketing and branding of the area.

Early this year the Sandton Central precinct also launched a campaign called #WFH Sandton, which stands for "work from here," and playing on the phrase "work from home," which entered the lexicon during the height of the pandemic. Landlords and businesses are now using it to showcase all of the new features introduced over the past two years to encourage people to return.  

Given rotational WFH and office schedules, Jack says that offices in the Sandton Central precinct are about 40% to 50% full on any given day, with the aim to get it to north of 70% over the short to medium term, taking into account the new hybrid working environment.

At the same time, a lot of companies are looking for quality office space, which Jack says is in abundance in Sandton, and means no one is going to be "running away" from the area any time soon.

Also providing support are the numerous amenities on offer, with Jack saying that the planned launch of the Rea Vaya bus service in the precinct will also go a long way to supporting the growth of the node. She says the construction of the last of the Rea Vaya stations in Rivonia Road is starting in November this year, adding that the affordable bus service adds to the "many existing public transport offerings for Sandton".

Jack says the precinct is also aware of new realities such as hybrid working environments, adding the plan is "not necessary about trying to get everyone back".

"It's more like showcasing there is this place that you can come to which is full of amenities and remind people what has changed because they have been away so long. You can come to work and engage with your teams, and you can also come here and do your 40-minute shopping, your 15-minute banking. We also need youth to be in the workplace to engage with more experienced staff [to learn company culture]. You can't do everything at home."

Security paramount

Property economist and University of Cape Town professor Francois Viruly says interventions such as the Sandton Central precinct's are in line with the movement the world is seeing towards "cities which have technologies embedded in the urban environment".

"We've talked about prop tech, which is the technology in the buildings, but the question is what happens when you leave the building, does everything stop? What evolution have we seen in [traffic lights] in the last few decades?  

"Their timing has improved, but if you think about it our cars have started getting smarter, which means the urban environment needs to start reflecting that as well."

Another phrase that he believes is increasingly growing in importance is the "the move to quality".

"To be successful in the property sector in the years to come you have to create an environment that competes against the online world. You have got to make it attractive for someone to leave their chair and leave their online world and come to you. There is a move towards quality and there is increasing pressure to create quality urban environments and quality buildings and workspaces. That is what is being done here, that is to look at ways to get you to leave your chair and come to them [urban environments]."

He emphasised that while properties must remain competitive in this market, this competitiveness relied on the quality of the urban environment.

Viruly says it is not "surprising" that interventions from Sandton Central precinct are taking place, in that the average economic life of an office building in South Africa is 30 to 40 years, adding that this is "roughly how long ago Sandton was built".

'Sandton 2.0'

"I think we are getting into a phase which we could call [it] 'Sandton 2.0', which is the reinvention of Sandton. In that sense it is not surprising what is happening. I think what has happened is that as I have often said Covid-19 has shown us the trailer of what life could look in the years to come. Maybe we won't be there immediately, but it has opened up new possibilities and I think that the urban environments are going to start reflecting that."

For property economist Erwin Rode, who heads up Rode & Associates, the large-scale moves to improve security in Sandton are to be welcomed, saying that security in SA is one of the biggest issues.

"We will be like London soon where you move and a camera takes a photo of you and I think it is necessary in SA. I think all cities must go that route," says Rode.  

He says security measures like the ones being introduced by Sandton Central prevented "degeneration, which is an absolute necessity".

Property developer Chris Renecle, who heads up Renprop, said technology interventions especially on the security front are "definitely needed in all work CBD areas" in the broader Johannesburg area and these moves in Sandton are positive.

He said any landlord who wanted to keep their tenants had to investigate using this kind of technology and security and also get more involved in their precincts.

Renecle says similar interventions are also taking place in other prime office and residential nodes such as Rosebank and Rivonia.

He said the technology has improved dramatically in recent years, adding that in the group's own residential developments in Rosebank, for instance, it is making use of biometrics that employ facial recognition for owners. This makes it impossible for people to slip past reception.

www.samigration.com