Bushiri’s home affairs capture

City Press – 22 August 2021

Investigators unearth ‘mind-numbing’ evidence on how officials aided and abetted fugitive pastor.

Fugitive preacher Shepherd Bushiri so effectively captured the department of home affairs that he had several of its directors, adjudicators, clerks and even an MP acting in unison to circumvent the law and smooth the way for him.

City Press has uncovered evidence of how some senior individuals jumped through hoops to secure permanent residency permits for fraud accused Bushiri, his wife Mary and their two young children.

The department has now suspended its permits section’s senior and junior staff members found to have allegedly had a direct hand in the fraudulent process and approval of the Bushiris’ permanent residence applications.

It has subsequently taken disciplinary action against them.

Mutangwa was supposed to have recused himself from adjudicating Bushiri’s application.

An official close to the investigation

The officials include chief director: permits, Ronney Marhule, assistant directors Jurgen Von Wielligh and Elmon Mndawe and permitting adjudicators Maanda Mutangwa and Thobela Mange.

City Press has seen the charge sheets against these officials. The charges include gross dishonesty, gross negligence and noncompliance with the Immigration Act, regulations and standard operating procedures.

WEB OF EVIDENCE

Insiders close to the investigations into Bushiri’s departmental capture say the investigators uncovered “disturbing information that our state security has, and is, being used” to move Bushiri in and out of the country while he is a fugitive.

The couple fled to Malawi last year while on bail in the fraud and money laundering case.

Some of the suspended senior officials have allegedly approached senior ANC and government leaders to seek a “political solution” to the charges against them. They are also lobbying for the criminal action against them to be stopped.

Home Affairs Minister Aaron Motsoaledi is said not to be entertaining any conversations on the case and any other matters related to the Bushiris and the implicated officials given that “he is fully aware of the tremendous amount of political pressure his team is being placed under to make this go away”.

Investigators stumbled on an amazing web of evidence revealing and connecting how the department’s directors worked to pave the way for Bushiri and his wife’s applications for permanent residence.

This was despite the many red flags which would ordinarily have had the applications thrown out.

HOW THE RESIDENCY PERMITS WERE PUSHED THROUGH

Evidence seen by City Press suggests that Bushiri’s alleged capture of the permit section started in March 2016, following the submission of his and his family’s applications for permanent residence at the South African embassy in Malawi’s capital, Lilongwe.

It’s the events that follow which riled Motsoaledi and director-general Tommy Makhode, when investigators briefed them on the rot in the department. The investigations revealed how, among other findings:

. An MP approached a coordinator at the National Assembly “to assist with an enquiry for an application of Mr SH Bushiri” which was subsequently sent through to the department’s chief director: permits section, Marhule for processing;

. Reference numbers for the Bushiris’ applications were unlawfully created by the department’s adjudicator, Mange, without having received the original application documents from Lilongwe. It would later appear that Marhule failed to inform the investigators that he had sent Bushiri an email in February 2016, advising him on the application process to follow. This move would later see both men, along with other officials, facing serious criminal charges; and

. Officials deliberately and fraudulently manipulated the Bushiris’ applications to ensure their smooth passage through the system without incident.

OFFICIALS’ BEHAVIOUR WAS ‘SERIOUSLY MIND-NUMBING’

Evidence before the Hawks and the department further revealed how senior officials processing the Bushiris’ applications turned a blind eye to a bank statement the self-proclaimed pastor attached – reflecting church offerings and tithes – to his application that had been issued in the name of Shepherd Bushiri Investment (Pty) Ltd Ministries.

“There is no explanation to justify why the attached bank statement for a [church] ministry was utilised to support an application for a company listed in the application – namely Shepherd Bushiri Investments (Pty) Ltd. The said bank statement was utilised to recommend approval for permanent residence despite the fact that Prophet Bushiri Ministries NPC is a nonprofit organisation.

“A nonprofit organisation cannot be regarded as a business. The bank statement for Prophet Shepherd Bushiri Ministries NPC clearly shows that the money in the account was generated locally – deposits from church goers, tithes and offerings. The money is thus not the personal funds of [Bushiri], but that of the church,” read the findings of one of the investigation reports seen by City Press.

The investigation further revealed the extraordinary lengths that one adjudication official, Mutangwa, would go to, when they proceeded with Bushiri’s application rather than flagging it for being in violation of his visitor’s visa condition by working without a permit. Not only did the official ignore the red flags, he changed the status of Bushiri’s application in order to protect it from scrutiny.

“Mr Mutangwa was fundamentally grossly negligent in that he intentionally changed the application form,” the report reads.

An official close to the investigation said the significant amount of evidence showing the lengths to which officials went to secure Bushiri and his family’s permanent residency permits was “seriously mind-numbing” as investigators “couldn’t understand the motivation to commit such fraud by some officials such as Mutangwa”.

Further probing uncovered that Mutangwa knew Bushiri personally and was in fact moonlighting as the controversial pastor’s bodyguard.

“Mutangwa is a close acquaintance of Bushiri as he is alleged to be his personal part-time security guard. Mutangwa was supposed to have recused himself from adjudicating Bushiri’s application. The personal relationship could have affected his objectivity.

“Mutangwa’s Facebook posts indicate a case of a personal relationship between the two,” the report states.

There is no reasonable explanation found to this effect. This could have been a reasonable ground for refusal of the application.

Investigators in the report

Mutangwa, along with his immediate superviser, Von Wielligh, are on suspension pending disciplinary action.

Investigators found that Von Wielligh had acted negligently in that he passed Bushiri’s applications during a quality assurance process, despite the pastor having already violated the condition of his visitor’s visa “for conducting work in the republic without a work permit”.

“This information is readily available on the departmental records and the copies of the visas were attached to Bushiri’s application for permanent residence,” read the findings in the report.

City Press has also been told that at the time of adjudicating Mary Bushiri’s application for permanent residence, information regarding a fraudulent exemption certificate was on the department’s records “but was not requested by the processing officials”.

An exemption certificate is one of the documents foreign nationals need to secure a South African identity document.

“There is no reasonable explanation found to this effect. This could have been a reasonable ground for refusal of the application,” investigators noted in the report.

Makhode declined to comment on the allegations. “Whether or not the allegations have merit, we do not comment on the department’s internal processes,” said the director-general.

www.samigration.com

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the Department of Home Affairs (DHA) and the Department of Labour are taking steps to curb the employment of illegal foreign nationals living in South Africa, says Jo-lene Da Silva-Vergottini, expatriate solutions advisor at Xpatweb.

“With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive,” she said.

“Consequently, the DHA has taken action and established an anti-corruption unit comprising of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.”

Da Silva-Vergottini stated that companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

What the law says

The Immigration Act and the Employment Services Act clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.

However, companies still employ candidates without doing the necessary checks, ensuring they adhere to the regulations put forth in both amended acts, said Da Silva-Vergottini.

“This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment, not to mention the bill for repatriating the individual to their home country.

“As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.”

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration (CCMA), said Da Silva-Vergottini.

“For small to medium enterprises (SME), one such exercise could cripple their business and force closure.

“For larger corporates, the full weight of the decision would be cast on the Human Resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.”

Da Silva-Vergottini said it could also lead to the government conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

She said the question will always be what HR departments can do to protect their company when employing foreign nationals.

Establishing vetting processes and staying current

It is imperative to incorporate updated vetting processes when employing foreign nationals, Da Silva-Vergottini said. “Fine-combing each job applicant is a tedious but necessary task, which forms part of the HR duties and obligations.

“Understanding permit and visa types, which categories they belong to, and what the accompanying regulations say about employment on that permit or visa, is just as important.

She said that while it is a challenge to stay current with legislation, it is not impossible. There are numerous platforms and resources available to HR departments.

“Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.”

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards, Da Silva-Vergottini said.

www.samigration.com

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the department of home affairs (DHA) and the department of labour are again taking steps to curb the employment of illegal foreign nationals living in the country.

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

Consequently, the DHA has taken action and established an anticorruption unit comprised of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.

However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.

This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment – not to mention the bill for repatriating the individual to their home country.

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration.

For small to medium enterprises, one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the human resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.

It could also lead to the DHA and the labour department conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

The question will always be what HR departments can do to protect their company when employing foreign nationals. It is imperative to incorporate updated vetting processes when employing foreign nationals.

Fine-combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations.

Understanding permit and visa types, which categories they belong to and what the accompanying regulations say about employment on that permit or visa, is just as important. While it is a challenge to stay current with legislation, it is not impossible.

There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

An immigration provider that is well versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

www.samigration.com

What the law says about hiring an illegal foreign worker in South Africa

14 August 2021 – Businesstech

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the Department of Home Affairs (DHA) and the Department of Labour are taking steps to curb the employment of illegal foreign nationals living in South Africa, says Jo-lene Da Silva-Vergottini, expatriate solutions advisor at Xpatweb.

“With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive,” she said.

“Consequently, the DHA has taken action and established an anti-corruption unit comprising of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.”

Da Silva-Vergottini stated that companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

What the law says

The Immigration Act and the Employment Services Act clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.

However, companies still employ candidates without doing the necessary checks, ensuring they adhere to the regulations put forth in both amended acts, said Da Silva-Vergottini.

“This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment, not to mention the bill for repatriating the individual to their home country.

“As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.”

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration (CCMA), said Da Silva-Vergottini.

“For small to medium enterprises (SME), one such exercise could cripple their business and force closure.

“For larger corporates, the full weight of the decision would be cast on the Human Resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.”

Da Silva-Vergottini said it could also lead to the government conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

She said the question will always be what HR departments can do to protect their company when employing foreign nationals.

Establishing vetting processes and staying current

It is imperative to incorporate updated vetting processes when employing foreign nationals, Da Silva-Vergottini said. “Fine-combing each job applicant is a tedious but necessary task, which forms part of the HR duties and obligations.

“Understanding permit and visa types, which categories they belong to, and what the accompanying regulations say about employment on that permit or visa, is just as important.

She said that while it is a challenge to stay current with legislation, it is not impossible. There are numerous platforms and resources available to HR departments.

“Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.”

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards, Da Silva-Vergottini said.

www.samigration.com

Vetting foreign nationals tedious but necessary

The Citizen – 12 August 2021

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the department of home affairs (DHA) and the department of labour are again taking steps to curb the employment of illegal foreign nationals living in the country.

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

Consequently, the DHA has taken action and established an anticorruption unit comprised of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.

Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.

The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.

However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.

This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment – not to mention the bill for repatriating the individual to their home country.

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.

In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration.

For small to medium enterprises, one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the human resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.

It could also lead to the DHA and the labour department conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

The question will always be what HR departments can do to protect their company when employing foreign nationals. It is imperative to incorporate updated vetting processes when employing foreign nationals.

Fine-combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations.

Understanding permit and visa types, which categories they belong to and what the accompanying regulations say about employment on that permit or visa, is just as important. While it is a challenge to stay current with legislation, it is not impossible.

There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

An immigration provider that is well versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

www.samigration.com