The Department of Home Affairs has re-gazetted amendments to South Africa’s immigration laws, after previously gazetting and then withdrawing them.
On 28 March, the DHA published the amended immigration regulations.
However, because this was a day before the closing date of the public comment period, the minister, Aaron Motsoaledi issued a notice withdrawing the changes.
This created confusion and consternation among businesses and in the tourism industry in particular, as the amendments introduced long-sought-after changes to visas and the entry of critical skills to South Africa.
Among other things, the regulations replaced the highly-contested critical skills list with a new points-based system and introduced the remote work visa class.
At the time of the withdrawal—12 April—the minister said that the regulations would be revised within a week. However, it took more than a month.
On Monday (20 May), the amendments were regazetted.
The regulations were received positively by businesses in South Africa, with the Consumer Goods Council of South Africa saying that they should ease the administrative burden that international companies with businesses in South Africa face when hiring skilled foreigners.

Remote Work Visa
The Remote Work Visa is designed for individuals wishing to work in South Africa while working for foreign employers.
The visa targets high-earning individuals and aims to stimulate the South African economy.
The remote work visa applies to foreign employers who derive a foreign source of income on a remote basis, provided that:
•    The worker earns a gross income of no less than the equivalent of R1 million per annum
•    If the visa is issued for a period not exceeding 6 months within a 36 month period, the foreigner may apply to be exempted by SARS from registering as a taxpayer. If the visa is issued for longer, they must register.
General Work Visa changes
The aforementioned Points-Based system for a General Work Visa aims to eliminate the need to obtain a letter from the Department of Labour.
This new streamlined approach looks at criteria based on factors, such as age and qualifications to determine visa eligibility on a points-based scale.
The system is based on:
•    Age
•    Qualifications
•    Language skills
•    Work experience
•    Offer of employment
•    Salary
•    any other relevant factor
Critical Skills List
Organisations can now also expedite the gazetting process for critical skills that are seen as essential, removing the previous four-year waiting period.
This should facilitate swift approval for in-demand skills.



South Africa is rolling out the welcome mat for Indian tourists with a focus on simplifying the visa application process with an e-visa and potentially offering a 90-day visa waiver. This exciting news comes as the country aims to attract more visitors from India, a rapidly growing travel market.

E-Visas for Streamlined Applications

Indian tourists can soon expect a smoother visa application experience. The South African government, led by Minister of Tourism Patricia de Lille, announced plans to introduce an E-Visa system specifically for Indian travellers. This online system will eliminate the need to visit an embassy or consulate, saving time and hassle.

Visa Waiver Proposal

The good news doesn’t stop there. The Ministry of Tourism is also proposing a 90-day visa waiver for Indian visitors. This proposal, currently under consideration by the president, would mirror the benefits currently enjoyed by tourists from Russia and Brazil.

Additionally, the possibility of extending visas while already in South Africa is being explored, offering even greater flexibility for Indian vacationers.

Current Visa Requirements

At present, Chinese and Indian nationals need a visa to enter South Africa. These visas can be obtained through a South African embassy or consulate, or online via the Department of Home Affairs website. However, the current online system, available in about 34 countries, has faced criticism for being unreliable.

Surge in Indian Tourists

The South African government’s focus on Indian tourists is a response to a surge in interest. The first quarter of 2024 saw a significant increase, with 16,000 Indian visitors already registered. This impressive number aligns with Tourism South Africa’s ambitious target of attracting 100,000 Indian tourists by the end of the year.

Shifting Tourist Landscape

Traditionally, the UK, US, and Germany have been the top sources of non-African tourists to South Africa. However, the travel landscape is changing.

The growing popularity of South Africa as a tourist destination, coupled with the easing of visa regulations for India and China, is expected to significantly boost arrivals from these regions.

Visitor Statistics and Growth Goals

Last year, South Africa welcomed over 79,000 Indian travellers, reaching 82 per cent of pre-COVID levels. In 2019, the country saw 95,000 Indian visitors. The current target aims to promote travel from second-tier cities in India.

Diplomatic Efforts

Minister de Lille also mentioned upcoming discussions with the Minister of Home Affairs, Aaron Motsoaledi, and a planned visit to Beijing to negotiate visa waivers for Chinese and Indian visitors for limited-duration stays.

Conclusion

South Africa’s commitment to simplifying visa processes and potentially offering a visa waiver for Indian tourists is a positive step for the travel industry. This move is expected to attract more visitors from India, a country with a booming travel sector, and further strengthen South Africa’s position as a world-class tourist destination.



The Quality Council for Trades and Occupations (QCTO) has proposed 13 new occupational qualifications, which are available for public comment.

These qualifications range from National Qualification Framework (NQF) level 3 to level 6 and include four engineering qualifications.

QCTO CEO Vijayen Naidoo published it in a Government Gazette on 14 May 2024.

According to the QCTO, an occupational qualification is a “qualification associated with a trade, occupation or profession resulting from work-based learning.”

The QCTO says that these qualifications yield a high chance of employment due to the element of work experience and that they are industry demand-driven.

Of the proposed qualifications, four are electrical engineering qualifications. All four are NQF level 6 qualifications.

The NQF system is used to rank qualifications.

NQF levels 1 to 4 refer to high school grades 9 to 12, 5 to 7 refer to undergraduate qualifications, and 8 to 10 refer to postgraduate degrees.

All of these engineering qualifications require an NQF 4 (grade 12) qualification with mathematics and science.

As part of the qualification outline, they are compared to similar qualifications in different countries such as Canada and Australia.

The major differences between the qualifications tend to be the entry requirements, often of a lower standard in other countries, and the time it takes to complete the qualification.

However, the overall goal and outcomes of the qualifications tend to be the same.

According to the electrical engineering technician (automation) qualification document, graduates will be able to “conduct research, design, plan and direct the construction, operation and maintenance of electrical systems, assemblies, components and equipment in accordance with relevant standards.”

The public has until 21 days from the publication date to submit comments to the QCTO.

The documents for these specific qualifications can be viewed on the QCTO website.



An administration error has put Elsie Mgwenya's life on pause, struggling to annul a fake marriage with a foreigner.
Imagine having to put your life on hold due to an administration error…
That’s exactly what has happened to Elsie Mgwenya, a 47-year-old mother of three from Marite in Bushbuckridge, Mpumalanga.
She is trying to get to the bottom of a fake marriage to a foreigner.
She blames the department of home affairs for the mistake and is desperate for the fake marriage to be annulled.
Mgwenya is unable to get married or obtain a birth certificate for her son and she fears her fiancé, who she’s been with for more than 20 years, could give up on her.
What’s scary is that this is not an isolated case. SA Human Rights Commission provincial manager Eric Mokonyama said: “These cases are rife in Mpumalanga and violate women and their children’s rights as they seriously impact negatively on their lives and children’s access to socioeconomic rights such as government grants.
“The commission is calling on the department of home affairs to resolve the cases speedily and hold implicated officials accountable.”
Home affairs are looking into the matter, with The Citizen’s help. But all Mgwenya can do is wait

Legitimate asylum seekers are being sidelined in favour of these people who are able to pay massive bribes.'
A crackdown on corruption in refugee centers countrywide is underway, as the Special Investigating Unit (SIU) and the Directorate of Priority Crimes Investigations (Hawks), conducted raids on several home affairs offices.
It was a crackdown not only on illegal immigrants, but also on those facilitating them being illegally, Ayesha Kajee, political analyst and research fellow at Afrasid, said.
This was specifically pointing a finger at home affairs, which itself had commissioned this investigation after the proclamation issued by the president, she said.
“We have a responsibility to admit refugees and to protect and give them the appropriate status, but because of a large degree of corruption, many people who do apply for that status do not qualify. There is a level of criminality both within home affairs and among syndicates operating in collusion with the department,” Kajee said.
“Legitimate asylum seekers are being sidelined in favour of these people who are able to pay massive bribes. And some of them are criminals. The country has been trying to eradicate criminality at home affairs since state capture,” she added.
Home affairs officials exposed
SIU said it was alleged home affairs officials were delaying the finalisation of refugee permits to “facilitate bogus asylum seekers”.
SIU head Advocate Andy Mothibi alluded to the system’s loopholes, but said the department had done a lot in closing those.
“We would like to see the process redefined. We would like to see checks and balances in the process. We would like to see those who are involved in putting control measures in place so that we stop this from happening again,” he said.
Ngqabutho Mabhena, executive director at African Diaspora Forum, said corruption at the department of home affairs meant deserving refugees were now pushed to the end of the line.
“People who bribe their way don’t necessarily need protection. At times these are people who did not run away from their countries for persecution, they use asylum documents for other things,” he said.
“If someone comes to our country seeking protection, they are at the risk of being arrested or sent back because they don’t have money,” Mabena said.
SIU raids took place in Gauteng, Limpopo, Eastern Cape, Western Cape and KwaZulu-Natal. Kaizer Kganyago, SIU spokesperson, said the action followed a tip-off from a whistle-blower.
Bribes
Information from the whistle-blower suggested home affairs officials worked with syndicates to duplicate application status files applied for in other offices and process them for a fee.
Officials also allegedly bypass immigration systems to enable foreign nationals who have entered the country illegally to remain and acquire permits illegally.
An asylum seeker admitted applicants had to bribe officials to get documents. He said they have to pay from R4 000 to “get noticed”.
“Even if you can have all the proper documentation needed and follow process, you will wait forever to get attended to. Money speaks at home affairs. Money gets you in front or else you suffer,” he said.
Home Affairs Minister Aaron Motsoaledi said corruption was committed by officials with foreign nationals “who don’t deserve to be in SA but have a lot of money to bribe”.
ActionSA said it had taken the government too long to finally see that “South Africa, and its appallingly porous borders, has an immigration crisis”.
“Refugee centres are the epicentre of fraud and corruption, and we hope the full weight of the criminal justice system will work tirelessly in bringing to book those found to have acted fraudulently,” the party said.