What can we learn from returning expats?

As South Africa draws closer to the general elections on May 29th, an interesting development that has been noted by real estate and tax professionals in this country and was noted by The Times of London on 18 February, is the returning of expats to South Africa from Britain and mainland Europe. 
This is, as the article notes, despite the multiple challenges of loadshedding, high crime and a severely underperforming economy. I should note that those are the reasons why many South Africans are choosing to emigrate. It is worth asking why people who have already escaped these debilitating challenges, and some who have been away since the 90s would come back. 
While the article does offer its own reasons, I believe there are some quite rational reasons to come back and bet on South Africa, especially if an ANC/EFF coalition does not win in May. 
Cost of Living
The most obvious reason is the cost-of-living crisis that is engulfing the developed world, especially around housing. It is one of the main reasons why Europe and the developed parts of Asia are having demographic crises. People have fewer children because of the cost of housing and childcare. Unlike in South Africa, very few people there can afford domestic and childcare help. The only exception to this, where there is a large population of South Africans, is the UAE. 
South Africa offers exceptional value when it comes to housing costs (especially outside of Cape Town), childcare costs, schooling costs and domestic help costs. For comparison, even in the UAE, where tax-free incomes are surely a draw, sending your children to a school with a British or International Baccalaureate curriculum will set you back similar amounts (sometimes even more) to boarding at Michaelhouse and Hilton. Who can really say with absolute confidence that the education in the UAE or even Britain, Australia and New Zealand is better than South Africa’s much cheaper private and former Model C schools?
Are Dubai College or Auckland Grammar honestly better than Grey College Bloemfontein, KES or Rondebosch Boys? If anyone says yes definitively, what evidence could they possibly offer that is not denigrating those fine schools because they are in South Africa?
How about the fact that the foodie and fine dining scene in Johannesburg and Cape Town can rival any others, and I’d argue for Cape Town even outdoing many globally-fancied cities for a fraction of the cost of those cities. As an example, take FYN restaurant in Cape Town which is ranked as one of the top 50 restaurants in the world. Their dinner menu experience, while relatively expensive for locals, costs R3525 with a wine pairing. At the restaurant after it in the rankings, Danish restaurant Jordnaer’s, the dinner experience costs 3300 Danish Krone (R9200). The restaurant in front of it, Odette in Singapore, costs 733 Singaporean Dollars (R10450) with a wine pairing. Even adjusting for purchasing power parity, South Africa again offers immense value.
Weather and Fun:
South Africa also has much better weather and a lot more sunshine than places where many of our expats are, with the exception being Australia. South Africa has every possible amenity and adventure you could want, either within the country or a relatively short flight away: from wildlife in the Kruger, to the world-class wine farms of the Western Cape (five in the top 100 in the world as ranked by World’s Best Vineyard Awards in 2023), beautiful beach towns (getaways) in both the Eastern and Western Cape. Mauritius, the Seychelles and Zanzibar are a relatively short flight away and if you want a Dubai-esque desert adventure, Walvis Bay in Namibia is a two- hour flight away. There are luxury train experiences with the Blue Train and Rovos Rail. All this is just to say we have lots of pleasant weather and lots of really cool and awesome things to do at relatively cheaper prices than anywhere else.
Friends and Family:
As infuriating and frustrating as it is living in South Africa, for many expats it is still home and nothing compares to it. They miss friends and family and all the accompanying warmth and familiarity.
So what’s my point?
It is worth pondering on the fact that, relatively speaking, so many expats come back to South Africa despite all the potential frustrations and the multiple challenges. It is worth asking how many more would come back if South Africa were to fall under new management, if infrastructure and service delivery were to improve and management took on more pro-growth policies instead of redistributionist ones. 
It is also worth asking what the cumulative effect would be on South Africa in terms of tax collection and revenue, if high-earning expats did come back, paying down sovereign debt. What would that mean for job creation?
It is worth asking what it would do for tourism and our international reputation if a new government prioritised public order and safety, and reduced crime and lawlessness.
Admittedly these are all big if’s, especially if an ANC/EFF coalition were to win. That is part of the real risk-and-reward nature of South Africa. We are one of the few food-exporting countries in the world, we are sufficiently developed. We have the potential to become a rather wealthy nation with all our minerals and with some really good management.
However, we could also collapse into a dreary and failed Zimbabwe-like state.
I guess we have choices to make in May.

South Africa’s super-rich are sinking


The latest Knight Frank Wealth Report 2024 shows that South Africa has lost 11 ultra-high-net-worth individuals in the last year while thousands more millionaires have been lost over the last decade.

The 2024 instalment of the report is based on responses provided during December 2023 by more than 600 private bankers, wealth advisors, intermediaries and family offices who, between them, manage over $3 trillion (R57 trillion) of wealth for Ultra-high-net-worth individual (UHNWI) clients.

An ultra-high-net-worth individual is defined by Knight Frank as someone with a net worth of $30 million (approx. R570 million) or more.

According to the report, the number of UHNWIs globally rose 4.2% to 626,619 from 601,300 a year earlier, more than reversing the declines seen in 2022.

At a regional level, wealth creation was led by North America (+7.2%) and the Middle East (+6.2%), with Latin America being the only region to see its population of wealthy individuals decline.

Compared to 2022, Africa realised a 3.8% rise in the number of super-rich people, recording 2,996 UHNWIs in 2023 in contrast to the 2,886 noted in the previous year.

South Africa’s super-rich

Despite the global increase in the numb

Cape Town Carnival 2024 Promises a `Lekker` Time for All


During a vibrant media launch, the Cape Town Carnival provided a sneak peek into the upcoming festivities scheduled to commence on March 16, 2024, along the iconic Green Point Fan Walk. The Cape Town Carnival, a registered social impact initiative under the leadership of Professor Rachel Jafta from Stellenbosch University, showcased the diverse and creative contributions from over 1,000 performers across the province.


The media launch featured enthusiastic dancers portraying fantastical worlds, including a deep sea with mythical creatures, a landscape made of sweets, and vibrant scenes of feathers and fynbos. The theme for this year`s carnival, revealed by Jay Douwes, CEO of Cape Town Carnival, is `Lekker,` reflecting the light, fun, and diverse essence of Cape Town and South Africa.


Professor Rachel Jafta highlighted the multi-faceted impact of the Cape Town Carnival, emphasizing its contribution to the local economy and skills development. Jafta noted that beyond the economic aspects, the event fosters social cohesion, bringing communities together across diverse backgrounds.


Acting Mayor Eddie Andrews expressed the City of Cape Town`s pride in partnering with the Cape Town Carnival, recognizing its role in attracting investment and positioning Cape Town as a city of hope. Sibusiso Sakayi, a performance facilitator for the carnival, shared his journey from being a spectator to becoming a choreographer and performance facilitator, highlighting the transformative opportunities provided by the event.


Sponsored by various entities, including the Western Cape Government, City of Cape Town, KFM 94.5, Southern Sun, DSTV, MultiChoice, Naspers, and the National Department of Arts, Culture, and Sport, the Cape Town Carnival continues to be a celebration of diversity, culture, and creativity.

Gauteng High Court Rules in Favor of Motsoaledi on Detention of Illegal Immigrants

The Gauteng High Court in Johannesburg has ruled in favor of Home Affairs Minister Dr. Aaron Motsoaledi in response to an application by a group of illegal immigrants. The immigrants claimed that their detention at the Modderbee Correctional Services Centre in Benoni was unlawful and violated immigration and refugee acts.

The court found no basis for the argument, stating that the expression of intention to apply for asylum does not trigger the protections in section 2 of the Refugees Act 130 of 1998 section 21(1b) requirement to show good cause for illegal entry and stay in the country.

The application was brought by Thomas Godiso, Abi Osman Yusuf, and four others on an urgent basis. They sought to interdict the minister and other respondents from detaining, prosecuting, and deporting them until their status is lawfully and finally determined under the Refugees Act 2 as amended.

The applicants also sought declarators that their continuing detention is unlawful and, in terms of section 2 of the Refugees Act, they are entitled to remain lawfully in the Republic of South Africa until their applications for refugee status are finally determined.

Additionally, the applicants sought orders directing the minister and director-general of Home Affairs to accept their applications for asylum, issue them with temporary asylum seeker permits within 15 days, pending finalization of their asylum seeker applications.

Judge Dunstan Mlambo dismissed the application, ordering the applicants to pay costs for the amendment application. He directed the respondents to afford the applicants an opportunity, within 60 days, to show good cause in terms of section 21(1b) of the Refugees Act 130 of 1998.

The applicants, some from Ethiopia and Somalia, claimed persecution in their home countries due to their political and religious beliefs. Arrested in 2023, they argued that seeking refuge in South Africa was a result of persecution by Ethiopia's ruling party.

SA must clean up the mess Motsoaledi has made at home affairs

This particular mess was triggered by Aaron Motsoaledi’s failure to amend an unconstitutional law that allowed for the detention of irregular migrants for 120 days. 

Legal grievances against the South African department of home affairs, including contempt of court cases, are depressingly common. Too frequently, the minister has to apologise to a court or ask for more time on behalf of the department.

Most of the court cases involve the operations of the department regarding visas, and permits for foreign visitors, immigrants and prospective refugees.

Just a few months ago, Home Affairs Minister Aaron Motsoaledi said, in legal papers: 

I would like to take this opportunity to extend my sincere apology to the Chief Justice, all judges of the high court and Constitutional Court, the president of South Africa, minister of finance, Lawyers for Human Rights and its legal representatives and the people of South Africa for the mess created by officials of the department of home affairs.

UNCONSTITUTIONAL LAW

This particular mess was triggered by the minister’s failure to amend an unconstitutional law that allowed for the detention of irregular migrants for 120 days.

The rotten state of the department is widely known. Two reports released in the last three years, commissioned by the minister and the presidency, and led by senior and seasoned individuals, set out the problems in detail. 

One, released in 2022, chronicled a backlog of visa, permit and status applications; evidence of fraudulent applications being first rejected, then accepted; and the illegal use of the system. The other found multiple failures in the provision of visas to senior business managers and experts.

The issue of migration policy and its implementation has never been more pressing for South Africa. Immigration has grown relatively rapidly in the past 20 years. The proportion of migrants to local people more than doubled from a relatively low level of 2.1% in 2000 to a moderate level of 4.8% in 2020, according to a study drawing on UN data.

The global average immigrant population is about 3.5%, but in countries such as the US (nearly 16% in 2019), Australia and New Zealand, it is much higher. Ivory Coast is the only country on the continent with a considerably higher percentage of immigrants than in South Africa.

MIGRATION POLICY

Migration policy is likely to be a critical issue in South Africa’s forthcoming elections. A leading journalist has argued that 2024 will be an “immigration election”. Populist parties are expected to mobilise around people’s fears, while the government will continue to use immigration as an excuse for poor service delivery and joblessness.

The reality is that the impact of migrants on the circumstances of poor South Africans is marginal, and far less important than the very poor performance of the economy and many governmental institutions. 

In a paper just published, I examine the recent history of immigration policy in South Africa.

I argue that the challenges would best be addressed by improvement in the operations of the department of home affairs. This should be accompanied by some modernisation of migration law to encourage the use of regular migration channels and discourage irregularity.

THE PROBLEMS

The first of the two investigations initiated by the minister was headed by Cassius Lubisi, former secretary of the Cabinet. The second was headed by anti-apartheid struggle stalwart Mavuso Msimang.

Their main findings were as follows.

Fraudulent documentation was used in 36 647 applications for visas, permits or status over a 16-year period. Of these, 880 were approved and 288 were pending. Of the fraudulent applications, 4 160 were first rejected, and then accepted after reconsideration. 

Systems that had been replaced were still being used illegally from time to time. The outcomes of such activities were suspicious. In some cases, applications were processed in zero days. The investigation found visa expiry dates issued beyond the legal limit.

The department’s databases for naturalisation and population registration didn’t correlate with each other.

The list identifying undesirable immigrants was “fatally flawed due to incomplete and missing crucial data”.

In some cases, files had been inserted illegally into the information system. This process would require “a highly skilled IT user with administrator rights to execute”.

There were multiple cases of “forum-shopping” by applicants. This is when an applicant applies for a range of unrelated permits in the hope that one of them will get through.

The department did not have systems that could identify multiple applications by the same person.

POSSIBLE FIXES

The department of home affairs recently issued a draft white paper which it said was aimed at addressing the problems that had been identified.

It proposed severely curtailing the rights of prospective refugees, restricting paths to citizenship, and strengthening the Border Management Authority and supportive institutions.

But, based on my findings, it is clear that these changes won’t solve the problems. Experts show that tighter restrictions lead to greater illegality, not less migration. 

The most disappointing element of the draft white paper is that it makes no reference to recommendations made in the two reports on the problems at the department.

Recommendations of the reports included:

• Major investment in and reorganisation of information systems;

• The integration of the various population databases;

• Further forensic investigations to root out corruption; and

• Hiring and training staff with skills and integrity.

The draft white paper also does not mention the need to modernise the colonial-style bilateral labour agreements that South Africa maintains with five regional neighbours Mozambique, Lesotho, Eswatini, Malawi and Botswana. These countries, and Zimbabwe, are the greatest source of regular and irregular migration.

These agreements are no longer fit for purpose. Firstly, they impose tight restrictions on the rights of contracted migrants from other countries. Secondly, they are based on patterns of migrant labour developed during the colonial period to support farming and mining. Thirdly, they’re based on an unequal relationship between countries of the southern African region.

Modern bilateral labour agreements have been developed. An example is the Canadian system. It provides for long-term arrangements with full labour and social rights for the duration of the multiyear contract, but no right to permanent residence for the workers or their families.

Modern Canadian-style migrant labour agreements would encourage more migrants to choose regular migration routes and fewer would try to evade or abuse the law.

The draft white paper gives the impression that the challenge of migration policy can be solved with tighter laws on refugees and citizenship. In fact, the fundamental problem is the corruption and inefficiency in the permits and visa section of the department, which the white paper hardly mentions. 

The unfortunate conclusion that can be drawn from a reading of the draft white paper is that it was designed primarily to give the ruling party a narrative for the upcoming election, rather than to reform the migration governance regime.