Immigration mess not foreign to SA

Immigration mess not foreign to SA

By Sowetan – 01 April 2022

 

Often news breaks of the arrest of home affairs officials and foreign nationals running one scam or another meant to bypass immigration laws.

When a police team pounced on a gang of robbers at The Hill, southern Johannesburg, a worrying dimension was added to the story. Police released the nationality of the men arrested in the raid, and it emerged that most of the thugs were foreign nationals.

Mention arrests  these days and  the subtext is “what nationality are they?” It speaks to a crisis those empowered to do something about seem to ignore  – the mess that is immigration in this country.

Often news breaks of the arrest of home affairs officials and foreign nationals running one scam or another meant to bypass immigration laws.

In an interview on Radio 2000 on Tuesday, home affairs minister Dr Aaron Motsoaledi spoke of the arrests of home affairs officials along with Pakistani and Somali nationals in connection with a scheme in which locals were hoodwinked and passports were issued in the name of foreigners. In the end locals lost their citizenship when they were  removed from the national registry for a quick buck. 

Many will recall how Motsoaledi came under fire recently and was labelled xenophobic simply for doing his job. Marches were even held to call for his sacking.

Sadly, the minister appears to be the odd one out, left to handle a problem that is nothing short of a crisis.

www,samigration.com

 

 

 

Female Home Affairs Official Bust At Marabastad Over Refugee R500 Bribe

Female Home Affairs Official Bust At Marabastad Over Refugee R500 Bribe

Technical Financials – 1 April, 2022

NO ROOM FOR GRAFT: Home Affairs Minister Dr. Aaron Motsoaledi welcomes the arrest of a female official accused of taking a bribe

A home affairs department female officer allegedly caught taking a R500 bribe from a refugee who wanted to extend his asylum permit is expected to appear in court today.

The Refugee Status Determination Officer based at the Desmond Tutu Refugee Reception Centre in Marabastad, Pretoria, was nabbed on Tuesday.

She allegedly took the bribe to extend the validity of the asylum permit of a Bangladeshi national, whose application for international protection was being appealed at the Refugee Appeals Authority of South Africa.

The official was allegedly seen by a security guard accepting the money from the Bangladeshi national.

The guard alerted the department’s counter-corruption branch resulting in both the official and the refugee being arrested.

While the Refugee Reception Offices remain closed, asylum seekers whose permits cannot be extended online are invited to the offices.

The arrested suspects are scheduled to appear at the Pretoria Magistrate Court on 30 March 2022.

Commenting on the arrest, Home Affairs Minister Dr. Aaron Motsoaledi said: “Bribing an official for a service that is available for free suggests that the person bribing is aware that they don’t have a valid claim for international protection.

“This is another example of the abuse we are rooting out in the asylum seeker and refugee management system.”

The minister again warned that the department had no space for dishonest employees.

“I have instructed the department to conduct a speedy, thorough and full investigation into the matter and action must be taken against anyone who falls foul of the law,” said Dr. Motsoaledi.

Both the arrested official and the refugee are scheduled to appear at the Pretoria Magistrate’s Court today, Wednesday 30 March.

www,samigration.com

 

 


Motsoaledi: If you know you don’t qualify to be in a country, why stay?

Motsoaledi: If you know you don’t qualify to be in a country, why stay?

The Citizen – 01 April 2022





'It can't be that Zimbabweans and Basotho have got a different law to rule them when everyone else is under immigration laws,' says Motsoaledi.

Home Affairs Minister Aaron Motsoaledi has slammed claims ZEP holders will not qualify for any other visa and will be forced to leave the country as a result.

This as Cabinet decided to no longer issue extensions with the ZEP, which ended on 31 December, and further decided on a 12-month grace period.

During the grace period, ZEP holders must apply for other permits appropriate to their particular status or situation.

Those who are not successful will have to leave South Africa or be deported.

Speaking to Newsroom Afrika on Wednesday, Motsoaledi said the government had systems in place to ensure all the applications sent during this period are processed.

The government was working with the UN to process the applications, he said.

“They’ve helped us with money and we’ve hired people to help, even Treasury has given us extra money to hire more people,” said Motsoaledi.

He further slammed claims that all ZEP holders would not qualify for any other visa.

“Who said they don’t qualify? How do they know they don’t qualify? If you know that you don’t qualify to be in a country, why do you stay? They can’t force me to work outside the law, this country is not run on feelings of people, it is run by the law. We’ve got the constitution which must be respected by all.”

Motsoaledi denied allegations that the ANC government was playing to the public gallery by not renewing the Special Zimbabwean Exemption Permit (ZEP) ahead of the 2024 elections.

With the rise of Operation Dudula and other movements calling for undocumented foreign nationals to leave the country, the government has been accused of using the migrant crisis as a scapegoat for its failures.

But Motsoaledi says that’s “rubbish”.

“I’ve never once scapegoated any migrant, when we started planning ahead for the ZEP, there were no masses who were doing what they’re doing. There was no Operation Dudula. We started at the beginning of 2021 in January knowing the ZEP was going to expire in December. We’re not pandering to anybody, we’re just trying to manage our situation for our democracy. People are just making wild statements without understanding how the situation is.”

He said while the government knew just how many asylum seekers and refugees were in the country, no one knew how many undocumented foreign nationals were in the country.

“We do have the number of people who are refugees in South Africa and those are under international protection. We have he numbers because we even give them IDs. We do have the number of asylum seekers in the country. We know the number of people who are on a work visa, and the number of permanent residents because we report their names to parliament every year.

“What we don’t know is the number of people who are illegal, if we knew them then they wouldn’t be illegal. They’re hiding, and don’t want to come out. They just arrived. We believe it is normal for any human being when you arrive in any country to announce yourself and say I’m here, and tell us what you’re looking for and we see how to help you. Those who are illegal, how do we know their number because even organisations in SA, including StatsSA are just doing estimates. Some are saying the estimate is between 3.5 and 5 million people who are here illegally, but we don’t have such figures, how can we have them because somebody who is illegal is exactly that. They’re doing something illegally and did not report themselves to anyone. Many of them don’t even want to be known.”

‘Laws rule the country, not emotions’

Motsoaledi said the end of the ZEPs had nothing to do with emotions and xenophobia, but the laws of the country.

“I’m not going to be blackmailed into that because if I allow myself to be blackmailed, we’ll never be able to run the state. The special permit was not only given to Zimbabweans, it was also given to Basotho and Angolans,”

“In 1998 only 11,000 people came to South Africa to ask for asylum, all of a sudden in 2008, the number changed to 207,000 and most people were from Zimbabwe, and the following year another 227,000. Within two years, we were faced with more than 400,000 people asking for asylum. The system was not designed for that, it was overrun and Home Affairs decided to give them special payments in order to deal with the situation,” said Motsoaledi.

“We said the time has arrived that normal immigration laws must apply, so we’re not changing any law, immigration laws have always been there. We’re saying they must apply like every other person who comes here. It can’t be that Zimbabweans and Basotho have got a different law to rule them when everyone else is under immigration laws.”

www.samigration.com

 

 

My 13-year fight with Home Affairs to regain my identity

My 13-year fight with Home Affairs to regain my identity

Drum – 01- 04 -2022

 

As Thami Swartbooi fought to get back her stolen identity, her life stood still. She wasn’t able to get her driver’s licence and wasn’t able to vote in any post-2006 elections. She also wasn’t able to marry her partner after he had paid lobola.

In 2019, Thami Swartbooi spoke to Drum about her battle that had stretched for well over a decade to get her identity back after it was stolen. This is her story.

She lived a full life, with a promising career at a bank and a happy home. She and her partner had big dreams – they were looking forward to a future together as husband and wife and her little girl was growing up fast.

But Nomathamsanqa Swartbooi’s dreams were snuffed out in a heartbeat when she learnt she was “married” to a man she didn’t know from a bar of soap. Her identity had been stolen – and so began over a decade of frustration and heartache for the Johannesburg woman.

Thami, as everyone calls her, discovered the shocking news when she went to cast her vote in the 2006 municipal elections. To her dismay officials told her that her surname had been changed on the voters’ roll. Thami Swartbooi was now Thami Nofemeli.

For the next 13 years she became locked in a standoff with home affairs in a desperate effort to reclaim her identity and prove she wasn’t married. And for 13 years the door was slammed in her face. It was only last month she managed to get her identity back when the new minister of home affairs, Aaron Motsoaledi, intervened after her story started making waves in the media.

“How do you explain the fact that after fighting for 13 years, this matter gets resolved just three days after appearing in the media?” she says angrily.

“All of a sudden they have answers.”

It’s been a long and trying journey for Thami (43). While she’s glad the matter has finally been resolved, she can’t help feeling betrayed by the department whose mission it is to safeguard the identity of citizens.

After the shock at the voting station Thami, who lives in Finetown, Joburg South, wasted no time reporting the matter to home affairs. Officials told her she’d supposedly tied the knot in 2005 and that the union was valid.

“They asked me to give them six months to a year to resolve the problem because the matter was ‘difficult’.”

Months passed and still she remained without an identity. Thami hasn’t been able to get her driver’s licence and wasn’t able to vote in any post-2006 elections. She also wasn’t able to marry her partner, John Tshiwo (45).

He’d paid lobola but because she had no valid ID they couldn’t take matters any further.

“You just live a meaningless life. It’s like you don’t exist,” she says.

The crisis deepened when Thami discovered she no longer qualified for credit. The mystery woman who stole her ID, who’s being sought by home affairs and believed to be married to Thami’s false husband, was running up debt in her name, opening accounts and getting loans.

“I was blacklisted,” Thami says. “Every time I wanted to open a clothing account I was refused.

“At Foschini I was told I had a lay-by. I was so shocked.”

The administrative complications of Thami’s situation caused untold problems. In 2008 she gave birth to her son, Lwando, and was excited that her daughter, Masibulele (now 18), had a sibling. But the little boy’s arrival only brought more stress as she was unable to register his birth.

“I was told if I wanted to register him, he’d have to take the surname I was fighting to free myself of,” Thami says.

She couldn’t claim any maternity benefits either.

When Lwando was two, the family discovered he had speech problems and took him to hospital in the hope of getting him examined. But mother and son were turned away because the little boy had no birth certificate. “And we didn’t have the money to take him to a private hospital.”

When the time came for Lwando to go to Grade R she was relieved that a school in the Joburg CBD where they were living was prepared to overlook the fact that he didn’t have a birth certificate and accept him. His mom could fill in the requisite paperwork once she’d sorted out her nightmare, they said.

“They were gracious,” Thami says.

In 2014 the family was forced to move from the city centre to Finetown because they could no longer afford rent. They wanted to enrol Lwando in a local school but he was refused because of the birth certificate issue, so Thami now has to spend R40 a day on transport and R940 a month on school fees for him.

Money has been tight since she lost her job at Absa, where she was a promising temporary employee, having started as a call-centre agent and then moved to the administration department. She was on track to being appointed permanently but her prospects plummeted when the company checked her credit record.

“What’s most painful is that I started the department with the manager. Six people were hired after me and I trained them. “They were taken on permanently, and I was left out in the cold.”

She went to job interviews but was rejected at every turn because of her credit score.

“It became the story of my life.”

Thami hasn’t been able to work for eight years and the family survives on what her partner makes as a technician. Without work Thami redoubled her efforts at trying to solve the problem.

“I saw it as my job to now go to home affairs. The staff knew me there. When they saw me they’d say, ‘Here comes trouble’.

“Some of them would tell me, ‘Don’t make your problem our problem’, or they’d just tell me to stand there and I’d wait for hours.”

There were times when she broke down and wept in front of them. “That place was hell. They don’t care.”

Thami sent emails to former home affairs ministers but nothing helped.

“I even tweeted [ former home affairs minister Malusi] Gigaba until he blocked me.”

Eventually she approached the Wits Law Clinic, which took Thami’s plight to the media and finally action was taken. She received her smart ID card recently and home affairs has said it will give her an official letter to present to debtors explaining that someone had been impersonating her. This should lift the blacklisting.

Lwando has finally received a birth certificate, 10 years after his birth, which has overjoyed his mother.

“I am genuinely happy for my son. It really touched my heart, even more so than when I received my ID.”

But Thami remains bitter. “Home affairs may think they have resolved this, but I’m left with scars.

“The phone still rings nonstop from people saying I owe them money. Others are looking for my so-called husband. “Home affairs destroyed my life.”

Minister of home affairs Aaron Motsoaledi has apologised “profusely” to Thami for her years of hell.

“I don’t know whether she can ever find it in her heart to forgive [us]. What she went through was terrible. The issue I’m apologizing about is that it took too long.”

The department of home affairs is continuing its investigations into the circumstances surrounding Thami’s case.

www.samigraton.com

 

 


Abandoned Asylum Seeker Status – What does it mean and what can I do

Abandoned Asylum Seeker Status – What does it mean and what can I do

SA – Migration – 1 April 2022


Home Affairs implemented the Refugees Act and certain provisions of new regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country, simply for being a month late in renewing a visa where they could face detention without trial, rape, torture or death,

This had the effect that if you did not renew your asylum in 30 days under the new Act you could no longer pay a fine for being illegal and simply continue with your asylum . This is a huge problem so for example if you expired during lockdown you could in theory be deported as there was no provision for a fine .

Home Affairs has been interdicted from implementing certain provisions of the Refugees Act and new regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country, where they could face detention without trial, rape, torture or death, simply for being a month late in renewing a visa.

The Scalabrini Centre of Cape Town, represented on a pro bono basis by Norton Rose Fulbright and advocates David Simonsz and Nomonde Nyembe, sought to prevent the short- and long-term operation of the abandonment provisions, as the provisions infringed on asylum seekers’ rights to life, freedom and security of person, dignity and equality; and prevented South Africa from fulfilling its international law obligations towards refugees, including the international law principle of non-refoulement. The suspended provisions are commonly referred to as the ’’abandonment provisions’’.

The suspension will operate until the constitutional attack against the impugned provisions has been adjudicated on by the Western Cape High Court and, to the extent necessary, confirmed by the Constitutional Court.

’’The abandonment provisions meant that in the event that an asylum seeker fails to renew their asylum visa timeously, their applications for asylum are deemed abandoned. Arrest and deportation would follow for individuals with valid and undecided claims for asylum. Only where an asylum seeker has a compelling reason (and proof thereof) for delaying to renew a permit following a lapse (such as hospitalisation or imprisonment), can the Department of Home Affairs pardon the late renewal.

’’This is deeply problematic as it means that refugees can be returned to face persecution, without ever having the substantive merits of their asylum application determined.

www.samigration.com