Labour inspectors, Hawks raid illegal factories

SA News – 03 June 2022

The Department of Employment and Labour, in conjunction with Home Affairs Immigration Officers, and the Hawks, on Wednesday raided two factories in Johannesburg, which were suspected of flouting labour laws.

According to the Department Employment and Labour, the owners who mostly are Chinese, were suspected, among others, of flouting labour laws and employing foreign nationals who do not have work permits.

During the raids, the Immigration Officers verified the status of the employees, while the Department of Labour Inspectors conducted workplace inspection, checking compliance with labour laws.

In both factories raided, the authorities were shocked to discover the appalling conditions which the employees were working under.

According to the workers interviewed by the authorities, they worked long hours and once they were inside the factory, they were not allowed to go outside and they were not allowed to take leave.

Some of the workers told the authorities that they are paid R1 600 a month.

They also told the authorities that were paid R1 for every pillow they produced.

During the raid at the second factory which manufactures blankets, it was found that factory owners had employed foreign nationals who do not have work permits and did not have valid passports.

It was also discovered that the employees were paid below the minimum wage stipulated by the Department of Labour.

The employees were working under horrible conditions and the factory did not comply with safety standards, among other things.

Department of Employment and Labour Inspector-General Aggy Moiloa told SAnews that since the raid is being conducted jointly with Home Affairs, those found to be in the country illegally will be detained and sent back to their countries of origin.

Most of the employees at the factory are from Malawi.

“We got a tip-off from the Hawks about the factories that are flouting labour laws and we immediately arranged to raid these factories,” Moiloa said.

Moiloa told SAnews that they are still going to conduct other raids in the factories that are suspected to be flouting labour laws.

The owners of the two factories were issued with fines and they are expected to appear in court soon.

In the second factory that was raided, officials found that Occupational Health and Safety laws were completely disregarded; the employees were working long hours in dangerous conditions.

The authorities had issued the second factory a fine and closed it down.

Department of Employment and Labour Inspectors are appointed in terms of section 63 (1) of the Basic Conditions of Employment Act, 75 of 1997, as amended to monitor and enforce labour laws.

The inspectors visit workplaces from time to time to check the level of compliance with labour legislation. – SAnews.gov.za

www.samigration.com

 

 

 

Unannounced immigration inspections conducted in Cape Town

03 June 2022

Sa Migration  recently sent out a news alert. The purpose of the alert? To share the news that The Department of Home Affairs carried out immigration raids on businesses in Cape Town, on Wednesday, 9 May, in search of employers who are violating immigration laws.

What happened?

According to Sa Migration , 25 foreign workers were arrested and a restaurant manager who employed foreigners illegally will be charged with violating the South African Immigration Act.

How did the Department of Home Affairs (DHA) know about these violations happening?

The DHA confirmed to Sa Migration  that the raids took place in response to complaints received from members of the public regarding suspected illegal working. The DHA also said it expects more arrests to follow as the investigation continues.

The moral of the story

The DHA’s promise to pay random, unannounced visits to businesses are not idle threats. The Department could visit your office or worksite at any time and you’ll be found in contravention of South Africa’s Immigration Act if the DHA find that you are illegally employing foreign workers.

Instead of being caught off-guard, ensure that your foreign employees hold valid visas at all times. Also, that you only employ foreigners with valid and correct visas.

If you need help determining whether your foreign workers are employed legally, you can ask us for a free employee audit. Our team will come to you, do the audit and then report back plus advise on any necessary steps to take.

Getting an audit done demands no effort or risk from your side. However, you do risk jail time or hefty fines if you don’t know the legal status of your employees.

Prefer the former over the latter? Then call us today on +27 (0) 82 373 8415 and ascertain the legal status of your foreign employees.

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

 

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

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Tel No sales : +27 (0) 74 0366127
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How do I assist my Zimbabwean domestic worker to stay in South Africa?

 

Groundup – 02 June 2022

 

How to assist my Zimbabwean domestic worker to stay in South Africa?

How can Zimbabwean domestic workers stay in South Africa?

The short answer

It will be difficult. As they may not qualify for other visas in the Immigration Act.

The whole question

Dear Athalie,

We are trying to find a way for our Zimbabwean domestic worker, Elizabeth*, and her 6-year-old daughter, Maria*, to stay in South Africa when the ZEP grace period ends.

Maria has been staying with our family friends because Elizabeth has serious health issues that sometimes prevent her from taking care of Maria.

We have gotten Maria into a good government school, and we sponsor her fees. Even though Maria was born in South Africa, she has a Zimbabwean birth certificate. How can we stop her from being deported? And can we stop her mother from being deported?

The long answer

The government has said that ZEP holders have to find alternate means to stay in South Africa legally by 31 December 2022, and can continue to work, study and use banks, provided they have a Visa Facilitation Services Global (VFS) receipt to show that they have applied for an alternate visa.

Before 31 December 2022, ZEP holders can travel freely in and out of South Africa, but after that, they will have to have a visa to travel.

The situation is very bleak for Zimbabweans who are labourers, construction workers, e-hailing drivers, gardeners and domestic workers, because they will not qualify for the other visas in the Immigration Act. These visas are permanent residence, study visa, critical skills visa and general work visa.

WATCH | 'Their contribution to society remains unrecognised' Ramaphosa praises domestic workers

Speaking at a Cosatu women's event in Ekurhuleni, ANC president Cyril Ramaphosa praised domestic workers for their role in the country, saying that more needs to be done to ensure their rights are protected, and they receive decent wages.

The general work visa is issued for five years and is the most difficult visa to obtain because an employer would have to prove that they could not fill the position with a South African citizen or permanent resident.

Kaajal Ramjathan-Keogh, a South African lawyer and the Director of International Commission of Jurists Africa Regional Programme, said in a Daily Vox article that according to the conditions of the ZEP permit, it is not possible for Zimbabweans to apply for permanent residence irrespective of how long they have stayed in South Africa.

However, she said, that as a group they could file a legal challenge to this condition in court. She added that so many Zimbabweans had built their lives here, and the conditions in Zimbabwe that caused them to come to South Africa had not changed.

South Africa had failed in its diplomatic attempts to persuade the Zimbabwean government to promote human rights, democracy and the rule of law, and that it was an unconscionable act for the South African Cabinet to have passed this legislation.

Which was seemingly aimed at addressing the ANC's poor local election results (as immigration was a key issue for many political parties), against a vulnerable and politically powerless people, she says.

In South Africa, a child takes the citizenship of its parents and the fact of being born in South Africa does not confer any rights of residence or citizenship to parents or children.

The fact that Elizabeth's daughter, Maria, was born here does not automatically entitle her to a South African birth certificate unless one of her parents was a South African citizen or permanent residence holder, or she is adopted by a South African citizen.

If her father was South African, she would automatically be a South African citizen, but if he was not, she would be able to apply for South African citizenship when she reached 18 years of age and could prove (a) that her birth was registered, and (b) that she had spent her whole life in South Africa.

This is according to the 2020 Constitutional Court judgement in Ali vs Minister of Home Affairs. James Chapman, Head of Advocacy and Legal Advisor at the Scalabrini Centre in Cape Town, which has been inundated with requests for help from Zimbabweans, says that families would be separated.

"There would be children accessing school and remaining in the country, but parents no longer able to stay because the ZEP is no longer in place."

Lawyers for Human Rights have said that one of the biggest concerns was that children born and raised in South Africa could get deported with their parents even though they go to school here.

Kaajal Ramjathan-Keogh says that a birth certificate for a child born in South Africa to Zimbabwean parents should be sufficient for children to enrol at school, and proof of application for another permit should suffice for children to continue attending school, but at some point, a residence permit would be required.

If the people with whom Maria is living are South African and are willing to adopt her, which would make her legally their daughter, she would become a South African citizen.

But the fact of her becoming a South African citizen would not affect Elizabeth's status, except that she could apply for a relative's visa from Home Affairs.

A relative's visa is generally granted for a minimum of two years, which can be extended, and she would need to present the following when applying:

Proof of a valid temporary residence relative visa by presenting your passport or proof of application thereof. You must also provide proof of kinship by means of producing an original birth certificate;

The South African citizen or permanent resident must also undertake to support you financially, should the need for doing so arise. But when an application for a relative visa is based on a dependent child, the child is not required to supply financial assurance for his or her parent.

All applications require the following to be submitted along with two fees that must be paid in addition to your immigration company's service charges:

• Department of Home Affairs (DHA) application fee (R1,520) and VHS service fees (R1,350);
• The applicant's unabridged birth certificate or a certified copy thereof;
• A completed DHA application form;
• Biometrics of the applicant, which will be taken at the place of submission;
• Where applicable, a yellow fever vaccination certificate;
• A police clearance certificate;
• Medical report;
• Radiological report where the applicant is over the age of 12;
• Two passport photographs;
• Proof of financial support showing the required R8,500 per month, per person;
• Proof of South African citizen/permanent residence of the relative by means of an identity document or passport;
• Proof of the first kinship to the South African citizen/permanent resident.

There is an estimated processing time of 8–10 months. If the people with whom Maria lives are South African and are willing to adopt her, and Elizabeth agrees, this is the adoption procedure:

1. The first step is that a notice must be served by the sheriff of the Children's Court to each parent or guardian to ask for their consent to the adoption;

2. A social worker must hold an interview with the prospective adoptive parents and compile a report on whether the child can be adopted;

3. If the adoption would be in the child's best interests;

4. medical information about the child and the suitability of the prospective parents;

5. The adoptive parents must apply to the Children's Court to adopt the child.

Secrets of the royal babies

Interviewing historians, royal experts and insiders, this one hour show - to be broadcast on Wednesday, 29 May at 20:00 - explores unusual royal birthing traditions, how to cope with the domestic politics of life with a royal nanny and how to juggle mothering with royal duties.

This application must be accompanied by the report of the social worker, a letter from the provincial head of Social Development recommending the adoption of the child, and the necessary consent forms, where applicable;

The Children's Court has to take into consideration the community, religious and cultural background of the child, the child's parents and the adoptive parents, and if the adoption will be in the best interests of the child before granting permission;

There may be certain fees, for example, professional fees payable to the organisation that assisted in the adoption;

If an adoption order is granted by the court, it must be taken to Home Affairs, together with the child’s birth certificate, to record the adoption and any change in surname.

You may wish to consult with one of the following organisation as to the best way forward

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

 

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )

Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155

 

 

www.samigration.com

 

Africa Day: Our brothers and sisters on the continent are not our enemies - Ramaphosa

 

News 24  - 31 May 2022

 

President Cyril Ramaphosa has rebuked those who promote xenophobia in South Africa.

• In his Africa Day speech, he said Africans were not the enemies of South Africans.
• Ramaphosa called for dialogues to end xenophobia and intolerance.

"Our brothers and sisters from elsewhere in Africa are not our enemies."

So said President Cyril Ramaphosa on Africa Day, adding the country's enemies were poverty, crime, unemployment and social exclusion.

Ramaphosa also called for unity and tolerance in Africa.        

The continent celebrated Africa Day on Wednesday.

He said the commitment to progressive internationalism meant South Africa would continue to play its part in enabling the continent to meet its aspirations. 

Ramaphosa described the day as an occasion to reflect on collective responsibility to further the cause of unity among the continent's nations. 

Africa Day commemorates the founding in 1963 of the Organisation of African Unity, the forerunner to the African Union (AU). 

Ramaphosa called on community and civil society groups, supported by the SA Human Rights Commission, to initiate dialogue and programmes that brought communities together and fostered tolerance. 

Xenophobia

"We need to work together to defeat them and not turn on each other as Africans," the president said.

He added tensions between South Africans and nationals from other African countries were troubling, saying the divisions fomented by successive colonial and apartheid administrations had not yet been fully eradicated. 

"As we address the critical issue of illegal immigration, as is our right as a sovereign nation, let us never become like the former oppressors, who sought to divide the African people and turn us against each other. 

Africa Day was an opportunity for South Africans to learn more about the role of other African countries in our freedom struggle. Travelling across the continent, one sees streets and monuments dedicated to South Africa's liberation movement leaders.

 

"Even today, student movements and civic groups in some African countries commemorate events like the Soweto uprising. We will never forget this solidarity, or the cost of it, particularly for our neighbours in the SADC region. 

"South Africa must never be seen as a place of intolerance. This is not just an insult to the people of the continent who supported us and gave refuge to our leaders, but also a betrayal of our constitutional values," Ramaphosa said.

"For us as South Africans, this day assumes the same significance as all the national days we observe in a democratic South Africa. Our freedom would not have been possible without the support and moral courage of the people of Africa and their leaders."

He added the cause of African unity had been given a new momentum over the past two years as the AU drove a unified and coordinated response to the Covid-19 pandemic. 

"It should be a source of pride that our term as AU Chair in 2020 saw the rollout of ground-breaking initiatives like the first ever African Medical Supplies Platform, the appointment of special envoys that mobilised resources to enable the continent to fund its pandemic response, and the establishment of an African Vaccine Acquisition Task Team. 

"Advancing the African Agenda was a fundamental tenet of South Africa's foreign policy.

"South Africa's socio-economic development, stability and progress cannot be assured without a peaceful, integrated, prosperous continent.    

"We will continue to contribute to this effort, whether it is through peacekeeping operations, through our role as AU Champion for Covid-19 response, or through supporting development projects through our African Renaissance Fund."

Ramaphosa said South Africa would participate in two crucial AU summits in Equatorial Guinea later this week.

The summits will address terrorism, unconstitutional changes of government, and humanitarian assistance. 

He added once fully operational, the African Continental Free Trade Area would enable local businesses to produce and sell goods and services to a market of almost 1.3 billion people across the continent.

"As a country, we are banking on increased intra-African trade as a key enabler of economic growth and job creation," Ramaphosa said. 

www.samigration.com

 

‘Hell Affairs’ – readers share their sorry tales

Daily Maverick -  31  May 2022

Following our story ‘Queue, the beloved country’, we asked our readers for their views on the crisis at Home Affairs. Here are some of the responses.

We requested feedback on the Daily Maverick website, asking readers to share their experience of service at Home Affairs. Their stories are dispiriting, to say the least.

We were robbed in the queue

I had a terrible experience at Home Affairs in Klerksdorp. My granddaughter and I went to apply for her passport and my ID card, and while standing in line outside I saw that a number of youngsters with expensive Adidas and Nike T-shirts and windcheaters on were also standing in line.

I was sure they were there to rob people of their possessions so I told my granddaughter to watch out for them, but in the meantime somebody phoned me.

I told my granddaughter to answer and I would keep an eye on things. But they were so fast – they grabbed the phone out of her hand and ran away. I ran after him and that’s when three other guys tackled me and tried to steal my wallet out of my jeans.

I am 77 years old but luckily fit, so they came away with a few bruises and without a wallet. It is amazing that SAPS is not on-site. One does not report these incidents because it’s even more dangerous around the police station than anywhere else in Klerksdorp.

Thank you for the opportunity to let you know how bad the situation is. I don’t think it will change in the near future. Luis Dias

No will to serve the public

Staff at Home Affairs are unhelpful, arrogant and inefficient owing to the “agents” who offer substantial money to acquire your documents in a back office. If the staff provide the service they are paid to give you, there is no “bonus” from the agents.

There is just no will to serve the public. Bruce Thomas

Kind lady in charge helped us

In 2018, it was a good day – only about two hours to queue with our granddaughter for her passport.

In 2019, we took our grandson. Arrived at 8am and half an hour later we were told the system was offline but we could wait and see.

At 1pm, the kind lady in charge came to us and she helped us and it was all dealt with on her own computer. This was Park Rynie South Coast. Valerie Williams

Problem for South African citizens overseas

I would like to point out that this chaos and inefficiency affects South African citizens overseas as well. We are a family of South Africans living in Florida in the US, as my husband is working here.

Fifteen months ago, we applied for my son’s new passport. We are still waiting.

His previous passport expired in August 2021, leaving him without valid identification. As a South African citizen living in a foreign country, a valid passport is essential. Without it he can’t apply for a driver’s licence, for college study or for financial assistance.

Soon, we will need to apply for a visa extension to remain in the US, which he cannot do without a valid passport. So he is at risk of overstaying his visa, and becoming illegal in the US.

I have made hundreds of calls to the consulate in Washington DC to get a status update. I have only managed to get through a handful of times.

I was told that they would email Home Affairs and get back to me. No update/response has ever been forthcoming.

We finally discovered in February 2022 that the application had been rejected and we needed to reapply. We have reapplied, but are desperately waiting, with no idea when this can be resolved. Moira Dewil

Monumental task takes a team effort

I am 72 and stood in a queue at Pietermaritzburg Home Affairs, where the line went way out into the street, and after 2.30pm, the staff were still on their lunch break. Extended lunch break?

So I had to find an alternative. I arrived at the New Hanover Home Affairs offices, 38km from my home, at 7am on a hot December day. I waited endlessly, wondering why the queue was not moving.

After a long wait, a group was invited into the hall. Just two ladies were present to handle everything.

The efficiency of the ladies was obvious. There was a real team effort in the monumental task for the large number of people.

Then came an electric storm as the loading was being done. All data was lost and I was asked to return the next day. All had to be repeated the next morning.

A notification for collection of my passport was to follow within two weeks. It didn’t arrive. I was due to fly out on Monday, so on the Friday preceding, I made the third trip.

On arrival at 9am at the Home Affairs building, the guard told me to come back on Monday, as the offices were closed.

My leg was in a brace, which he noticed. I told him my plight and he proceeded to help – he went into the office and I followed, seeking help. The kind lady tried phoning her supervisor in Pretoria for authorisation of a manual issue, to no avail. Eventually, when a copy of my visa was available, my passport was issued.

Home Affairs closed on a weekday early in the morning? It was a disruption of an essential service! Mariam Cassimjee

I have given up trying

I have lived in South Africa for almost 50 years but was born in the UK. I have been a South African citizen for 40 years and have an ID book that is so old and tattered it’s a joke. I have tried several times to renew it at Home Affairs and the queues have been so long that I have given up.

I am 80 years old and can’t stand all day waiting my turn. I was excited a few years ago when they permitted the banks to perform the renewals of IDs, but when I tried I discovered that only persons born in South Africa can use this method. Surely after 50 years in South Africa and as a citizen, I should be able to renew without the inconvenience of queuing for hours on end? Antony Wonfor

Long wait for collection

After my fourth attempt, with an appointment booked, I finally got my applications done. My question is: what happens to these applications once you have paid?

All you are told is that you will be sent a message when it’s ready for collection. As far as I can ascertain, your wait for collection is as long as doing the applications. I would be happy to hear via DM168 if they ever clear the backlog and how the system is organised with incoming applications.

We so enjoy DM168, with its topical subjects, and we like the new format. We’re senior citizens, 84 years young. Harvey and Myra Havenga

As a nurse, I was horrified by the suffering I saw

My daughter needed to get an ID for matric. As the ID card is more convenient, we attempted to get this three times from Pietermaritzburg. This was a huge performance. I had to take leave and stand in the never-moving queue for entire days.

We ultimately had to settle for the ID book, which we did in Howick. This took about three weeks, but at least we had it before the June exams. (By this point we had visited Home Affairs six times.)

The same with a passport: it took five visits, with us not even getting in the door. As our home town of Howick cannot do passports, we had to travel to Pietermaritzburg and even tried other locations such as New Hanover, which we also visited three times on three days with no success.

The sites are terrible. None has public toilets and people are forced to urinate in public or use facilities at local restaurants.

No seating is available, so one either brings a camp chair, or you stand for up to 12 hours. As a nurse, I was horrified by the suffering I saw, including one lady with a newborn in arms. She said she could lose her job as she had to register the baby but could not keep missing work to do this. An old lady in a wheelchair, frail and exhausted. People on crutches, young and old, rich and poor. Essentially, it is a great leveller.

After five useless visits, we finally paid a “contact” to stand in the queue for us. These ladies start queuing for others at 3am so that we can be third, fourth or fifth in the queue at 7am. If the “system is online” and we have no power failures and a million other ands, you are able to get in the door.

What can make it better? As the application can be completed online, why can’t a booking be made for the completion of the application? Why are there not more banks made available for this? Manage the queues: there should be different lines for births, deaths and passports outside already. The aged and the frail should be given preference, as well as those with infants.

Basic facilities should be provided – toilets, seating, shade and safety.

The “online/offline” situation should be addressed urgently! How is this such a disastrous situation?

Generators or back-up power should be available for the constant interruption of power, or facilities like these should be exempt from cuts

www.samigration.com