Zimbabweans ask Gauteng High Court to declare them permanent residents

Zimbabweans ask Gauteng High Court to declare them permanent residents 

Moneyweb -  21 Oct 2021  


Not an unexpected move as their exemption permits granted by Home Affairs expire in November. 


Zimbabweans say they have a legitimate expectation of being granted permanent residence once their exemption permits expire next month. 

The Zimbabwean Exemption Permit Holders Association, representing roughly 250 000 Zimbabweans in SA, has asked the Gauteng High Court to declare them permanent residents, as their Zimbabwe Exemption Permits expire in November 2021. 

They are also asking the court to direct the Minister of Home Affairs to issue them with SA ID documents on the grounds that they are permanent residents of SA in terms of the Immigration Act read together with the Identification Act. 

They are also asking the court to review and set aside the decision by Home Affairs not to renew residency permits “knowing that the holders of the permit have known no other home besides South Africa for more than 10 years”. 

This decision was unconscionable, irrational, unreasonable and unconstitutional, according to the court papers. 

Zimbabwean Exemption Permit holders have a constitutional right to an equal path to citizenship in SA, and that right is being withheld, the association says. 

Permit evolution 

In April 2009, cabinet approved what was known as the Dispensation of Zimbabweans Project (DZP), allowing permit holders to work, conduct business and study in SA. 

According to Home Affairs, 295 000 Zimbabweans applied for the permit and just over 245 000 were issued. 

This was an attempt to regularise the residence status of those Zimbabweans residing illegally in SA due to political and economic instability at home. 

Those permits started expiring in December 2014, prompting Home Affairs to introduce a new permit scheme called the Zimbabwean Special Dispensation Permits (ZSPs), which were valid for three years. 

Nearly 198 000 ZSPs were issued, according to the Department of Home Affairs. When the ZSPs expired in 2017 they were replaced by Zimbabwean Exemption Permits, or ZEPs. 

These permits, like their predecessor, allowed Zimbabweans to work, study and conduct business in SA, but were not renewable and did not entitle the holder to apply for permanent residence in SA. 

According to papers before the court, these permits were issued in terms of Section 31 of the Immigration Act which allows the Minister of Home Affairs to grant foreigners the rights of permanent residence for a “specified or unspecified period when special circumstances exist” that justify the decision. 

The applicants in the case say the ZEP is a permanent residence permit valid for a specific period of time as allowed by the Immigration Act, and that they are therefore entitled to ID documents. 

‘Legitimate expectation’ 

“It is further submitted that the holders of Zimbabwean Exemption Permits have a legitimate expectation for the renewal of their current permit, and for permanent residence, without any further conditions, and the right to apply for citizenship in the Republic of South Africa

According to Advocate Simba Chitando, who is representing the applicants in the case: “The problem faced by many hundreds of thousands of Zimbabweans in SA is that they have been here for 10 years or longer under a variety of different permits, and it is generally conceded that they make a huge contribution to the SA economy, yet these permits do not allow them to enjoy the benefits that come with permanent residence, such as full access to banking facilities, or the right to accumulate pension savings. 

“We argue that it is past time to grant permanent residence to those Zimbabweans who have been living and working in SA in a kind of no-man’s land. We believe it is reasonable to expect to be granted permanent residence when the ZEPs expire, which they do in November 2021.” 

www.smigration.com

200 000 Zimbabweans Panic Over SA Work Permits

200 000 Zimbabweans Panic Over SA Work Permits

 

20 October 2021 – Zimeye

By A Correspondent- Almost 200 000 diasporans using Zimbabwean Special Dispensation permits (ZSDP) in South Africa have been unsettled by the host country’s delays in renewing their visas.

The Zimbabweans under the ZSDP facility acquired their documents in 2010. They were renewed in 2014 and 2017.

Indications are that the documents will expire on December 31, thus the need for renewal.

Zimbabwe Community in SA chairperson Ngqabutho Mabhena said they were still waiting for the South African Home Affairs minister Pakishe Aaron Motsoaledi to announce the way forward on the permits.
“We had hoped that they would announce it this September, but we are now drawing close to the end of the month. Traditionally, they announce before mid-September. The permit application process normally begins from October 1 to December 31. This was the case in 2010, 2014 and 2017,” Mabhena said.

“We will be contacting the SA Home Affairs ministry to find out what is happening during the course of this week. We are also receiving reports of financial institutions like banks which are asking people to update their accounts since their passports will be expiring or their permits coming to an end.”

Mabhena said the Zimbabwe Community in SA and the African Diaspora Forum were working with the Zimbabwean embassy on the issue.

“In 2010, 295 000 people had applied for the permits and 245 000 of them were issued with permits. By 2017, we had 198 000 that had applied to renew their permits. Our desire is that the holders of the Zimbabwe special permits should be granted permanent resident permits,” he said.

A few weeks ago, the Zimbabwe consul-general to Johannesburg, Melody Chaurura, said the embassy was engaging South African authorities on the issue of special permits.

“We can, however, confirm that consultations on the issue have been underway among the relevant stakeholders in South Africa and the issue has since been submitted to Cabinet for decisions,” she said.

“In this regard, we continue to wait for pronouncements by the government’s competent authorities on the future of these permits. In the meantime, we encourage the holders of these permits to exercise patience and to be watchful for scams.”

South Africa is believed to be home to an estimated three million Zimbabweans; both irregular and regular immigrants.

www.samigration.com

Refugees who arrived after lockdown have no way to apply for asylum

Groundup - 20 Oct 2021

Asylum application backlog set to grow, with Refugee Reception Offices closed since the start of the Covid-19 pandemic.

The closure of Refugee Reception Offices (RRO) since the Covid-19 lockdown last year has left asylum seekers vulnerable to arrest and deportation. The offices remain closed for new asylum applications and in-person renewal of permits that expired prior to March 2020.

“Many newcomer asylum seekers are therefore at risk of arrest, detention, deportation and are struggling to access basic services due to their lack of documentation,” said Attorney Jessica Lawrence, of Lawyers for Human Rights (LHR).

Lawrence said that during a recent meeting, a Home Affairs official said that newcomer asylum seekers should all have been issued with an asylum transit visa at the border, which would normally be extended by an immigration officer later.

“Asylum transit visas are only valid for five days. Though he did not say this, it was clear that he therefore deemed this as appropriate documentation for newcomer asylum seekers pending the re-opening of the RROs,” she said.

GroundUp was unable to get clarification from Home Affairs on asylum transit visas, when its RROs will reopen, and when it will start assisting new asylum seekers.

According to a 30 September circular sent to refugee organisations by the UN Refugee Agency South Africa Multi-country Office (Samco), Home Affairs has resumed permanent residence permit appeal applications from 1 October, and it will start processing permanent residence permit applications only from 1 January 2022.

It is unclear where this leaves refugees who arrived after March 2020.

Victor Chikalogwe of People Against Suffering, Oppression and Poverty (Passop) said thousands of people have arrived in the country since March 2020.

He said Passop has assisted about 200 newcomers to date. The organisation has been issuing “newcomer letters” since the closure of the Cape Town reception office in 2012.

He said the letter could be presented to law enforcement and immigration officers and basic service providers while the newcomer was raising money to travel to Pretoria, Durban or Musina to apply for asylum papers when these offices opened. “We thought newcomer numbers would decrease because of the pandemic but people are still coming,” he said.

Documented asylum seekers and refugees also at risk

All refugee permits that expired on or after the national state of disaster was declared in March 2020 are considered valid under a blanket extension until 31 December 2021, according to Samco. But many institutions, from banks to schools, do not seem to accept this when presented with expired documents.

Home Affairs activated an Online Renewal System in April 2021. By 8 September, it had extended 24,333 Section 24 (refugee status) and 69,185 Section 22 (asylum seeker permits), the department said in a statement.

“The extension applies to people who applied for waivers and holders of asylum seeker visas/permits or refugee status. Holders of such visas are permitted to remain in the country under the conditions of their visas until the expiry of their applicable extension. Those wishing to be repatriated to their countries within this period can depart without being declared an undesirable person,” said Home Affairs.

The extension, however, does not apply to people who entered the country from 15 March 2021. The normal validity period of visas of people admitted into the country from 15 March 2021 applies,” said Home Affairs.

Chikalogwe said Passop has helped 75 people in September who never got responses after submitting their documents online for renewal. “The number of people seeking online renewal help is increasing. Last week, I served three people within a period of four hours.”

A volunteer at Passop, who asked not to be named, said he submitted his documents in June for online renewal and is still awaiting feedback. When he tried to resend his documents in July he received an email from the Port Elizabeth office saying, “Kindly refrain from sending multiple requests. The office will attend to your request immediately when it is open. It is currently closed due to Covid alert level 4.”

Huge backlog and growing

The non-processing of any new refugee applications since March 2020 could have serious implications for South Africa’s refugee response.

Passop and LHR are sceptical that Home Affairs will be able to clear the already massive backlog in South Africa’s asylum system from before the pandemic.

In March, Home Affairs, with $9.6-million in assistance from the United Nations High Commissioner for Refugees (UNHCR) launched the asylum backlog project to clear in four years what was going to take 70 years (at the department’s pace) to process.

Sarah-Jane Savage, from UNHCR, said the backlog clearance project started on 1 April. The current phase, the first, involved recruiting and training 37 new members for the appeal authority to add to Home Affairs’ existing three officers. The appeals of 153,391 people need to be heard.

It is therefore too soon to tell if the goal of clearing the backlog by 2024 will be achieved. The project was also meant to prevent another backlog building up in the meantime. It appears this is not happening.

The quality of decision-making on asylum cases by Home Affairs “is resulting in more people actually joining the backlog”, says the manager for LHR’s Refugee and Migrant Rights Programme, Sharon Ekambaram.

The LHR says it has seen an increase in rejections of people from Ethiopia and the DRC. Individual assessments appear not to be done. LHR is seeing Refugee Reception Officers simply duplicating the reasons they give for rejecting one person’s asylum claim on different individuals’ applications.

Hlengiwe Mtshatsha, attorney at LHR, said the backlog is building up again because asylum seekers are referred back to be re-interviewed every time the high court on judicial review overturns a decision on their status.

Mtshatsha said that they have noticed that people who applied for permanent residency will get a notice of intention to withdraw their refugee status or in some cases a withdrawal notice. They have 30 days to appeal. After that, they lose their refugee status and are classified as “illegal foreigners”, and will be notified to leave South Africa within 14 days.

Chikalogwe said appeals against the withdrawal of refugee status were also piling up.

GroundUp has tried numerous times since 16 September to get clarity from Home Affairs on a number of issues addressed in this article, but to date no clarification has been forthcoming from the department.

www.samigration.com

 

Unmarried father may register child under his surname without mother’s consent

Unmarried father may register child under his surname without mother’s consent

 20 October 2021 – City Press

 

Home Affairs says that both parents must do the notification of birth.

 

Retiring Chief Justice Mogoeng Mogoeng has warned that even rapists who are “curious” about the babies who are born as a result of their act of violence will be able to go to the department of home affairs and register the child under their surname.

The Constitutional Court declared section 10 of the Births and Deaths Registration Act unconstitutional last week, but in a minority ruling Mogoeng differed from eight other judges.

The Centre for Child Law argued that it was unconstitutional to prohibit an unmarried father from registering his child’s birth under his surname at home affairs if the child’s mother is not present.

This is unfair discrimination against the child, the centre said.

In its ruling, the Constitutional Court upheld an earlier ruling of the Makhanda High Court in favour of a South African father who could not register his daughter, who was born in Makhanda in 2016, with home affairs because the South African visa of the mother, a citizen of the Democratic Republic of Congo (DRC), had expired shortly before birth.

They were previously married in the DRC in accordance with customary law, but such marriages are not registered in the DRC. Home affairs considered the couple unmarried.

Acting Judge Margaret Victor said in the majority ruling that there were cases where consent, for whatever reason, could not be obtained from the mother.

There are cases where the mother disappears and the child is left with the father.

The law also does not provide for cases where one parent is a South African and the other a foreigner without a valid passport or visa.

Victor said the security measures in the law were adequate. Regulations in the law require, among other things, an identity document, fingerprints and the child’s biometric information.

An argument was presented before the court that a married father can be trusted without further ado, but an unmarried one automatically arouses suspicion.

Victor said a married father could just as easily forge a marriage certificate and commit human trafficking.

Section 10 unfairly discriminates against children born out of wedlock because it limits the father’s rights to register the child under his surname.

However, with the consent of acting judge Rammaka Mathopo, Mogoeng said one of the inherent dangers of such a relaxation of law was human trafficking.

A father who conceives a child after having sex with the mother only once or a few times in an informal relationship, or a rapist who has developed a “curious interest” in the child he has conceived, falls into the category of unmarried fathers.

Mogoeng said: 

These factors are strong warning signs against the proposed action to relax the critical safety measures in the legislation.

One of the inherent dangers “of giving any man carte blanche” of registering a birth without the mother – to whom he is not married – confirming paternity is human trafficking. It is not enough for the man simply to say he is the father without first hearing from the mother.

Mogoeng said that if a couple chooses to have children outside marriage, the existence and characteristics of such a relationship are more difficult to prove than in a marriage.

Marriage is a centuries-old institution from which binding legal, moral and societal duties arise. Marriage and family are vital institutions that have a profoundly beneficial role in the education of a child.

“It is an oversimplification to treat marriage simply as a piece of paper,” he said, because marriage is the foundation for establishing a stable and functional family unit.

Mogoeng said the distinction for unmarried fathers has an important and dignified societal purpose. This is to entrust the welfare and protection of a child to the mother and not to an unmarried father whose status – as a father – and commitment to the child’s wellbeing are not recorded and can therefore not be assumed.

The fact that the law does not allow unmarried fathers to register their children’s births unconditionally is due to their choice to remain unmarried.

The law does not prevent anyone from getting married and getting legal rights and privileges from a marriage, Mogoeng said.

Marriage is not for an “elite club” and it is not an economic issue: 

It’s a matter of choice. In this case, marriage is not an instrument of discrimination.

It is in the child’s best interest to be practically and more meaningfully connected to a loving and responsible father, “not just any man who has begotten him or her”.

The mother is the most suitable person to say whether the unmarried man who claims to be the father is indeed the father and a responsible father. That is why her consent is needed, Mogoeng said.

www.samigration.com

 

SA rises 8% in brand value, maintains position in top 50 most valuable nation brands

SA rises 8% in brand value, maintains position in top 50 most valuable nation brands

20 Oct 2021 | Bizcommunity

  

Despite the backdrop of Covid-19 and the nation's longest recession in nearly three decades, South Africa has recorded an 8% rise in brand value to $175bn to maintain its position in the top 50 most valuable nation brands, according to the latest Brand Finance Nation Brands 2021 report.

 

The nation imposed some of the strictest lockdown measures in the world to combat the pandemic, which resulted in nearly all of its industries recording a drop in output – with construction, manufacturing and mining being some of the worst hit sectors. That being said, the economy has begun to rebound and is expected to continue to grow, largely driven by domestic demand and commodity exports. The government has also announced it would be investing in more than 50 special infrastructure projects to increase employment and kickstart the economy.

Jeremy Sampson, MD, Brand Finance Africa, commented: “There are mixed fortunes for African nation brands this year. Nigeria, Egypt, Kenya, and Morocco have edged up the ranking, with Sudan also making its debut in 83rd. However, South Africa, Ghana, Ethiopia, Angola, and Tanzania have ranked lower than last year. Nevertheless, as moves to unify African trade are making positive headway, we can expect improvement moving forward in the continent’s nation brands as Africa continues to rise on the global stage.”

Total brand value of top 100 up 7%

The top 100 most valuable nation brands in the world have recorded a 7% increase in brand value since 2020, signalling that recovery is underway from the Covid-19 pandemic, according to the latest Brand Finance Nation Brands 2021 report.

Although this is a positive sign, uncertainty lingers and nation brand values have not reached pre-pandemic levels yet. At US$90.8 trillion, this year’s total brand value of the top 100 ranking is still 7% lower compared to 2019.

David Haigh, chairman and CEO, Brand Finance, commented: “Unlike previous economic crashes, recovery is uneven and is pinned on the combination of initial Covid-19 response strategies and a successful vaccination rollout. We are starting to turn a corner, as the world’s most valuable nation brands begin to return to pre-pandemic brand values. But results are varied, and it may take years for some to recoup lost brand value, creating even greater disparity between the most and least valuable nation brands.”

US and China lead the pack


There has been no movement in the top 10 this year, with each nation retaining its rank from last year. All the top 10 have recorded a modest uplift in brand value, however, in line with the global trend across the ranking.

The United States and China remain in a league of their own, claiming the first and second spot in the ranking, respectively. The US has recorded a 5% brand value increase to $24.8tn in a year that has been marked by great political and economic change with President Joe Biden taking the helm. Similarly, China saw a 6% uptick in nation brand value to $19.9 tn. Both nations have celebrated economic recovery since the outbreak of the pandemic, contributing to their uplift in brand value. China’s economy was the first to recover – doing so at a meteoric pace - as the only nation to register positive GDP growth at the end of 2020 and growing at record pace in the first quarter of this year.

Many thought that relations would improve between the two superpowers under Biden’s leadership, following the turbulent Trump years, but this has not been the case thus far.

Haigh commented: “The superpowers from the West and the East unsurprisingly dominate the Brand Finance Nation Brands ranking, with China remaining hot on the heels of long-standing leader, the US. With China’s recovery and economic rise showing no signs of slowing down, as growth hit a record high at the beginning of the year, no doubt the gap will continue to close in the coming years.”

Digital Estonia is world’s fastest-growing nation brand


Recording a 38% brand value growth from last year and outpacing modest increases across the ranking, Estonia is the world’s fastest-growing nation brand of 2021. The Baltic state had invested in digital infrastructure long before the Covid-19 pandemic hit the world. Anyone around the world can apply for e-residency in Estonia, which allows them to run an EU-based company online, and a staggering 99% of the country’s governmental services are offered online.

The advanced digitisation of the country put it on the front foot during the pandemic. On the same day the government announced a state of emergency, the Estonian Ministry of Economic Affairs and Communications launched an online hackathon to identify solutions to pandemic-induced problems, resulting in a chatbot to answer the public’s queries and the re-purposing of online platforms to match volunteers with those in need.

Haigh commented: “Estonia is this year’s fastest-growing nation brand largely thanks to its world-class digital infrastructure. With some of the leading economies having their digital shortcomings highlighted during the pandemic, Estonia’s digital-first model should be one for others to follow.”

Myanmar and Ethiopia are fastest fallers


In stark contrast, Myanmar and Ethiopia are the fastest-falling nation brands in the ranking. The unrest across the two countries has caused significant damage to their nation brand values, which have dropped 26% and 22%, respectively.

Brazil has also suffered a steep decline in brand value as the Covid-19 pandemic wreaks havoc on its society and economy. The continent’s largest economy, Brazil has lost 12% of its brand value this year and dropped out of the top 20 in the Brand Finance Nation Brands 2021. Famous for its vibrant culture, lifestyle, and sports, Brazil is the highest-ranked South American nation in the ranking, but the combination of high COVID-19 cases and damage to the agriculture sector from severe droughts have caused substantial damage to the economy.

Switzerland is world’s strongest nation brand


In addition to measuring nation brand value, Brand Finance also determines the relative strength of nation brands through a balanced scorecard of metrics evaluating brand investment, brand equity, and brand performance. The nation brand strength methodology includes the results of the Global Soft Power Index – the world’s most comprehensive research study on nation brand perceptions, surveying opinions of over 75,000 people based in more than 100 countries. According to these criteria, Switzerland is the world’s strongest nation brand with a Brand Strength Index (BSI) score of 83.3 out of 100.

Switzerland’s BSI score has remained stable, while the nations around it saw theirs take a hit, resulting in Switzerland moving to the top spot for brand strength. According to Brand Finance’s research, the Alpine nation saw external perceptions slightly rise following its strong response to Covid-19. It used a mix of compulsory and non-compulsory measures during the pandemic to control the spread of the virus. For example, non-essential businesses had to close, but the government’s order to stay at home was only ever advisory – entrusting the people to make the decision for themselves.

This is reflective of Switzerland’s model of government, with the public allowed to voice their opinions on laws through frequent referenda – last year the population rejected a motion to end its freedom of movement agreement with the EU and voted to make discrimination on the basis of sexual orientation illegal.

Haigh commented: “Small size is no barrier to occupying a solid position for nation brand strength and Switzerland securing the top spot this year is the perfect example. Switzerland has held firm whilst other nations have faltered over the course of the pandemic. The nation has recently been thrust under the spotlight, however, with the leak of the Pandora Papers, which could taint its reputation as Swiss financial advisers are scrutinised on the global stage.”

Germany slips to 5th


Last year’s strongest nation, Germany, has dropped down to 5th position in the brand strength ranking, following a 2.3 point drop in BSI to 82.6 out of 100. Despite garnering praise on the global stage for her strong and stable leadership spanning 16 years, Angela Merkel sees mixed results on home soil. Domestic perceptions are consistently less favourable across the metrics to their overseas counterparts, particularly in regard to the Global Soft Power Index Business & Trade and Influence pillars.

Australia and New Zealand move into top 10


Australia, up five places in the ranking to 6th, and New Zealand, up seven places to 10th, have both entered the top 10 for brand strength, with BSI scores of 81.3 and 80.2 respectively. The Australasian countries were deemed to have handled the early days of the pandemic extremely well. Both were lauded for their severe lockdowns and quick reaction to subsequent outbreaks, which resulted in minimal cases and allowed them to open back up internally considerably earlier than others.

At the time of our research, both scored well across our data points with internal and external perceptions of their handling of the pandemic. However, the vaccine rollout in both countries has lagged behind their global counterparts, which could hamper their BSI scores moving forward.

Breaking the Western monopoly


Singapore and the United Arab Emirates have broken the Western monopoly in the brand strength ranking, claiming 4th and 11th position respectively. Scoring particularly high for Global Soft Power Index pillars of Business & Trade and Governance, Singapore continues to prosper both in the Southeast Asian region as well as globally. The city-state – renowned for its high-quality and economically efficient healthcare – has already fully vaccinated 82% of the total population. Singapore is on the right path to achieve the government’s aim of a “whole new normal”.

The UAE has climbed three spots in the brand strength ranking following a 2.5-point increase in its BSI score to 79.1 out of 100. Overseas perceptions of the nation’s prowess in the Education & Science pillar are high, and the successful Emirates Mars Mission is clearly a factor. The UAE also stands out for its Covid-19 response, and scores high for the Influence and Business & Trade pillars, both of which should see a further boost from Expo 2020 inaugurated in Dubai this month. The UAE’s continued increases in brand strength and value are testament to the nation’s strategy of diversifying its economy for long-term growth.

Covid-19 hurts perceptions of world’s largest economies


At the same time, the UK, US, Japan and France have all fallen out of the top 10 strongest nation brands ranking due to the perception of how they handled Covid-19.

The UK, falling from 2nd to 16th with a BSI score of 77.4, and France, falling from 9th to 18th with a score of 75.4, recorded average Global Soft Power Index scores for overseas perceptions of their handling of the pandemic, but perceptions domestically were particularly low.

Japan, falling from 7th to 17th with a score of 76.7, saw a similar story with the perception at home that the pandemic was mishandled. However, this is polarised when compared to their perception abroad, where it achieved some of the highest scores in the Global Soft Power Index research.

The US, dropping from 4th to 19th with a score of 75.1, saw poor scores at home and abroad, and was also one of the lowest ranked nations by the specialists.

Despite their brand strength taking a hit, these nations all still feature in an unchanged top 10 when ranked by nation brand value.

Haigh commented: “It will be important for the world’s largest economies to focus on making up the ground they have lost in brand strength, in order to protect their brand value. The UK, US, Japan and France have all scored poorly domestically for their handling of Covid and they need to rebuild this trust with their respective populations.”

 

www.samigration.com