Home Affairs reinforces standard immigration regulations to promote tourism

Home Affairs Minister Leon Schreiber said on Wednesday that his department has taken decisive action against what he calls pernicious practice by certain officials, as part of his objective to unlock tourism and job creation.Schreiber stressed the need for Home Affairs officials to abide by standard port of entry visa requirements, alleging that some officials and e-visa managers have asked for unauthorised Immigration Regulations requirements from applicants.The unauthorised requirements include death certificates of applicant`s parents, marriage certificates, divorce certificates, proof of specified bank balance in the accounts and also consent from the applicant`s employer or educational institution.The standard, valid requirements are the passport of the applicant, a statement or document detailing the purpose and duration of the visit, a valid return airline ticket or proof of the reservation, and proof of sufficient financial means with certified three months bank statements.He explained that these regulations applied to physical applications processed at South African Missions abroad, as well as applications submitted on the e-visa platform.No additional documents are required from applicants, he stressed, adding that officials were also not authorised to request applicants to notarise their documentation.

Undocumented foreign nationals working in SA: What employers need to know


The audits are wide ranging and should include verification of the validity of work visas or permits to understand the employment restrictions that apply to the person.`The Department of Employment and Labour has recently uncovered establishments in parts of South Africa that have employed undocumented foreigners.The inspections by the department saw at least 80 people working in the hospitality industry getting arrested for violating the provisions of the Immigration Act 13 of 2002 (Immigration Act).The act regulates the movement and residence of foreign nationals within the country. One of its provisions is authorities can enter workplaces to inspect employment records and ensure compliance with the Act.Consequences for undocumented foreign nationalTaryn York, Employment Law expert at Cliffe Dekker Hofmeyr (CDH) says the individuals arrested were found without the necessary valid documentation. These arrests have included restaurant owners, managers, human resource practitioners and foreign national employees themselves.Immigration Act for employersYork says Section 38 of the Act expects employers to ensure they will not employ any undocumented foreign national; a foreigner whose status does not authorise them to be employed by such industry; or a foreigner on terms, conditions or in a capacity different from their status.In complying with their obligations, employers are required to make a good faith effort to ensure that no foreigner is illegally employed or to determine the status of any foreigner who is employed.Consequences for employers It is advised that employers need to be aware of how to manage the situation if they suspect an undocumented foreign national has been given employment. By doing this, employers will be avoiding claims in the Commission for Conciliation, Mediation and Arbitration.Some of the consequences for employing undocumented foreign nationals include fines, repeated offenders could be prohibited from employing any foreign nationals, loss of business reputation, and compliance issues.What employers can doYork advises employers to audit the employment status of foreigners to avoid being caught on the wrong side of immigration, employment, and criminal laws.The audits are wide-ranging and should include verification of the validity of work visas or permits to understand the employment restrictions that apply to the person.Any inspection by authorities should be done in accordance with the laws, which regulate the right of entry to a workplace as well as the ability to search, inspect, seize documents and arrest people suspected of having committed a criminal offence.Unlawful inspectionsShe adds that the country has seen inspections by different political parties resulting in conflict because they were unlawful.York emphasises that inspections by different departments must be welcomed by law-abiding employees to ensure compliance with the prevailing immigration, employment and occupational health and safety laws. Employers must always be prepared for this.The Minister of Employment and Labour has also recently indicated that over the Medium-Term Expenditure Framework period, the Inspectorate Capacity will be increased from 2000 to 20 000 inspectors.

Home Affairs crackdown in South Africa

The Department of Home Affairs (DHA) is cracking down on corruption within its ranks and finalised 31 disciplinary cases between July and September 2024, some of which resulted in criminal prosecution and dismissal.One such individual, Mogale Raseone is set to have his trial start on 6 November. He is facing charges of fraud after being dismissed from the DHA in 2023 for manipulating department systems to fraudulently administer immigration for foreign nationalsIn a statement, the department said the crackdown reflects its commitment to eradicating maladministration.It notes that officials faced charges for violating the Citizen and Immigration Acts and irregularly recruiting new staff, with eight cases coming out of the Free State and six out of KwaZulu-Natal.We have zero tolerance for unethical conduct or corruption, said DHA Minister Leon Schreiber.As our accelerated action against errant conduct demonstrates, officials who fail to heed this message will soon find themselves out of Home Affairs and on their way to prison.In Raseones case, the DHAs Counter-Corruption Branch implicated him in various fraudulent transactions that primarily benefitted Pakistani nationals.He allegedly conducted this fraud by manipulating the systems Home Affairs uses to administer immigration, the DHA said.Another official, Dora Ncube, is awaiting her day in court. The suspended Border Management Authority official was arrested for allegedly trying to smuggle six foreign nationals into South Africa in Beitbridge.Schreiber said these kinds of cases further motivate the need for digital transformation in the department.Digital transformation holds the key to uprooting corruption in our systems while enhancing the efficiency of service delivery, he said.These disciplinary procedures follow the recent conviction of two former DHA officials, Judy Zuma and Tony Stout, who were arrested for identity documentation fraud.In early August 2024, Schreiber welcomed Zumas sentencing. Zuma was involved in a syndicate that produced and delivered fraudulent passports to foreigners who did not qualify for them.The former DHA official was paid R4,000 per passport. Her arrest came during a sting operation during which she tried to bribe a DHA Counter-Corruption office with R10,000.Zuma was found to have processed 192 passports between 28 May and 12 June 2021. She received a 12-year prison sentence.A week after Zumas sentencing, former DHA clerk Stout was sentenced to five years in prison after being charged with nine counts of fraud and nine counts of violating the Identification Act.He has already been dismissed from the department. He committed his crimes while he was stationed at the Cleary Park office in Gqeberha, said Schreiber.Green ID book fraud problem According to a report from leading digital identity verification and fraud detection firm Smile ID, South Africas green identity booklets are popular targets for fraudsters in Africa.Its Digital Identity Fraud report for 2024 shows that Know-Your-Customer checks had flagged fraud in 34% of the cases where South African ID books were used to access various services.Smile ID said national IDs are frequently targeted as they are the most common form of identification and are mandatory for most adults.South Africa is moving away from the old format of green ID books and replacing them with smart ID cards, which should help to prevent this kind of fraud.The smart ID cards have improved anti-fraud features, including a microchip to securely store biometric information, which can then be verified without needing to be linked to a central database.Physical security measures include holograms, laser engraving, and personal details.The process of transitioning South Africans to smart ID cards has dragged on far longer than initially anticipated, and it will likely still be years before the government can invalidate the green ID books.However, several recent key smart ID card issuing developments suggest that the transition could be accelerating.

Home Affairs in dire condition, spends millions on deportations Action SAs Ngobeni

South Africa may be its own worst enemy when dealing with foreign nationals, says an ActionSA parliamentarian.Lerato Ngobeni held a series of oversight visits last week, with a keen focus on the Department of Home Affairs.In showcasing the successes of their first 100 days in parliament, Ngobeni gave an update on her observations from the previous year.Costs of deporting foreign nationalsThe oversight visits wrapped up at the Lindela Repatriation Centre, a facility that holds foreign nationals awaiting deportation.Speaking to The Citizen after her visit on 11 October, Ngobeni was satisfied with the facility condition and cleanliness but was concerned about the cost of sending foreign nationals home.Although awaiting the freshest figures `R23.3 million was spent in the 2019/20 financial year`Ngobeni said she calculated the cost of deporting people to one specific West African nation to be in the region of R3 million for the last year.As per the figures released by Home Affairs recently, 86 Nigerians, 3,020 Malawians and 7,393 Zimbabweans were deported in the 2022/23 financial year.Minister Leon Schreibers office was contacted to elaborate on the costs involved with deportation, but no comment had been received at the time of publication.The situation is dire Ngoben is overall assessment of the way South Africa deals with foreign nationals looking to make a new life south of Limpopo was negative.The situation is dire. We are not tracking undocumented foreign nationals in our country. Home Affairs has no idea as to who is here or who is not, said Ngobeni on Monday.Elaborating on specific countries, she said that we can not deport certain nationals, pointing to South Africas moral positions.Let me give you an example: If someone in Botswana commits a crime like murder and they find themselves here in South Africa and the Botswana government is looking for them, our ethos is not to deport them because our constitution does not agree with the death penalty, she said.Botswana administers the death penalty for murder and treason, with 47 people having been executed between 1966 and 2014, as per Lawyers for Human Rights.More than just abahambe Ngobeni reiterated her partys call for South Africans to be prioritised, with spaza shops and small business operations being reserved for locals.  We are absolutely unapologetic about that because it is not enough to say abahambe [they must go]. We want to champion the fact South Africans must be capacitated and enabled to fill that gap when those people are removed from our communities, she concluded.

Assessing the GNU after 100 days — the prospect for democratic resurgence (Part One)`

The way we observe the GNU is through assessing what the members do as public figures performing tasks – we need to look at what they do, whether or not it contributes technocratically and socially to the resolution of the multiple crises that beset South Africa.

This is Part One of a three-part series.

The public standing of the Government of National Unity (GNU) does not appear to depend thus far on political statements or actions, but mainly on functionality, keeping the wheels of government operating smoothly without the multiple crises that beset ANC-led governments in recent years and continue at provincial and local levels, with one or other combination of minority forces.

There are very few attempts at replicating the national GNU at provincial or local levels.

We need to define the space occupied by the GNU and the way it may be inhabited, given the various constraints and opportunities. In some ways the establishment of a GNU was one of few options in the period of crisis (that may also have been an emerging opportunity).

This was in the period following the elections where the ANC lost its majority and the DA was nearly 20% behind the ANC’s 40% tally, with 21.81% and 40.18% of the votes respectively.

Alternatives to GNU?

For parties to exist as elected representatives without any party holding a majority, there were few possible ways of addressing the situation. Some of these forms of minority government have been tried in South Africa and have led to and still do lead to ignominious disasters at a local level, (as with continuing instability in Gauteng and Nelson Mandela Bay metros). 

The examples from other states – mainly in Western Europe – do not seem viable in our case, where every party has a limited support base and where deep animosities divide parties from one another.

We then need to ask: what type of politics is possible for the chosen option, for the GNU to function efficiently and effectively? 

My sense is that in the present case there need to be very limited conflictual statements – between parties – in the combination that was adopted for the GNU to survive as a viable political arrangement.

Depoliticised

The way we observe the GNU is through assessing what the members do as public figures performing tasks, that is more depoliticised than is usually the case, at least in the relationship between the leading parties, the ANC and DA. But we need to look at what they do, whether or not it contributes technocratically and socially to the resolution of the multiple crises that beset South Africa.

What Dr Leon Schreiber has achieved in Home Affairs clearing backlogs and engaging afresh on programmes he inherited, especially digitisation, is through efficient performing of tasks that may, nevertheless, be controversial and open to different interpretations.

The notion of Home Affairs @home – that there will be no need to visit a Home Affairs office – cannot be a reality for most South Africans who do not have internet accessibility or capabilities. They remain reliant on Home Affairs offices that generally remain understaffed and unable to address document assessment or delivery swiftly.

It is receiving attention and Schreiber is aware that his Home Affairs @home option will require a lot of work to get off the ground and make it accessible and reliable.

There are other ministries that may be studied, but the object of this article is a broader assessment of the changing challenges of the GNU.

Professionalism

The professionalism manifested in Dr Schreiber’s actions and statements of his methodology is an important issue. We have not had a professional public service and that may be more likely to be remedied by politicians who may now be relating more professionally and technocratically than politically.

In this sense we need to be clear that the professionalism that politicians may develop ought not to infringe on the territory of the civil service, who need to be able to perform their tasks by making and implementing decisions within their area of competence, without interference by their political heads in their core business as public servants.

Space for the political

But there has to be some space for the political. It is unclear where that is, except that de facto the GNU does not operate with much political debate. The ANC was already depoliticised compared with earlier times when there were many issues subjected to rigorous debates. Now there is little debate between the ANC and DA, except in crises.

Some of those in the GNU Cabinet are neither political thinkers – if they ever were – nor competent, as in being able to address and solve problems that ensure that state institutions function and perform their roles. This depoliticisation may be true of most or many of the other parties.

It may sound cynical, but it may well be true to say that many thank their lucky stars that they are Cabinet ministers and will try to sense how to remain there by not “rocking the boat”. It is not shocking to suggest they are lucky to be there because many have earned a minimal percentage of the vote and do not strike one as contributing to the direction of the GNU.

The GNU is depoliticised, but the professionalisation is also very limited – there are many passengers on the side of the ANC who have never contributed much to political life or the efficacy of state institutions.

Furthermore, the huge and very expensive Cabinet, its size supposedly to suggest representativity, serves no purpose. The rationale is vacuous insofar as most represent under 5%, sometimes one or less than 1%. Many of these have a minuscule political base and also no known expertise.

Conditions supposedly needed for coalitions to succeed

Much of the writing on the success of coalitions refers to the need for a common view on this, that and the other matter, or on basic principles. In our case it is said, for a coalition to be successful, there must be a sharing of values, sharing of ideas, common perspectives on the way forward, and similar qualities.

In the case of the GNU, it would not be possible to sustain it if one were to demand a common position between parties, especially the DA and the ANC regarding values and in regard to the way forward beyond the immediate, urgent issues, which are basically practical questions of provision of water, transport, addressing climate change and so forth, on which – even – with these it may not be possible to reach agreement.

The Statement of Intent as an opening towards a more emancipatory GNU process and liberatory goals

When I first wrote on the GNU I argued that it may be constituted in one or other way and the Statement of Intent and other GNU documents are not necessarily the last word on various topics. Popular forces, professionals and other sectors of society, especially from the “underclass” organisations with various strengths and weaknesses need to engage with these documents and argue for a meaning that is emancipatory.

The same words can be invoked or they can be augmented in the spirit of the freedom that the Statement of Intent claims to advance.

The meaning of any word or phrase or sentence of a document is never finalised merely by being written down, and that is as true of the Statement of Intent and other documents. Those who are concerned about poverty or unemployment or wages need to advance these in the context of the Statement of Intent (as just one place of engagement, I appreciate).