Gauteng Premier Panyaza Lesufi is leading the ANC`s push to restrict the employment of foreign nationals in the province. 

• The Gauteng premier is leading the ANC`s push to restrict the employment of foreign nationals in the province as the youth unemployment crisis seems to have defeated the ANC. 

• Panyaza Lesufi and ANC provincial secretary TK Nciza said the time had come for local citizens to be given priority in employment by private businesses. 

• Immigration experts have warned against this political rhetoric, saying it was dangerous and was only used as an excuse to mask the failures of the ANC governance.

Gauteng Premier Panyaza Lesufi wants to restrict the number of foreign nationals employed by businesses in Gauteng to put a dent in worrying unemployment figures. 

Lesufi and Gauteng ANC provincial secretary TK Nciza proposed the plan to restrict how many foreign nationals can be employed, saying it was time for local citizens to be given priority in the country`s economic hub. 

“We are saying there must be a quota on employing locals. Everybody sits and looks to the government for employment. We are calling on the private sector to start employing locals, and we must agree on a quota. We must have a quota, and we will start in Gauteng. It is time. 

`You go to a restaurant, and you hardly come across a South African. I was impressed [by] one restaurant in Durban [where] everyone was South African. We have [a] serious issue of unemployment, and the youth are not working. We are not saying people must be xenophobic, we are saying let`s have a quota and let our people be employed in their own country,` Nciza said on Thursday at the ANC Gauteng press briefing. 

Immigration experts have warned that this political rhetoric so close to elections threatens foreign nationals. 

They said the ANC was relying on right-wing populist messaging to lure support ahead of elections in a context where the party`s track record in governance had failed to produce a strong economy that could enable employment. 

But the ANC provincial leaders dug in, saying South African businesses should employ South Africans. 

`We have a private sector that is not coming to the party. We are calling upon them to start employing South Africans and let`s agree on a quota, and we will engage ...,` Nciza said. 

The rhetoric to target foreign nationals comes months ahead of crucial elections for the ANC, where the party faces losing control of Gauteng. 

It narrowly held onto the province in 2019, and election experts have warned it may not be able to win a majority in 2024. 

University of Johannesburg`s Professor Trevor Ngwane said policies that aimed to restrict the employment of foreigners would likely affect desperate citizens from South Africa`s neighbouring countries of Zimbabwe, Mozambique and Lesotho. 

`The divide-and-rule tactics target our SADC neighbours and goes against President Cyril Ramaphosa`s efforts to create and encourage a free-zone movement around the SADC region.  

`This is the same right-wing, xenophobic sentiment that we have seen around the world in populist speeches. The ANC has failed to create jobs as a ruling party, and now it is trying to find scapegoats, playing to the audience, and fanning sentiments of division and hate against our neighbours,` Ngwane said. 

Sharon Ekambaram, head of the refugee and migrants rights programme at Lawyers for Human Rights, shared similar sentiments, saying that targeting foreigners was an effort to scapegoat the failures of governance. 

`The evidence does not support this rhetoric. It is clear that this is scapegoating by the government after failing to ensure basic service delivery to the people.  

`There is no data about the number of migrants that live in Gauteng, let alone in South Africa. We have no capacity to collect this data, provinces are even struggling to budget for basic services because they have no knowledge of how many live in various provinces,` Ekambaram said. 

`They do not have this data, and instead, they blame foreign nationals for every failure even in the provision of health care.”

Ekambaram said Lawyers for Human Rights had successfully pointed out the unconstitutionality of a Township Development Bill presented to the Gauteng legislature by the ANC. 

The legislation would have barred foreign nationals from establishing businesses in the province`s townships. The Gauteng government has since amended that section of the bill. 

The concerns about foreign nationals in Gauteng have lingered mainly on the issue of illegal mining. 

When launching the ANC`s manifesto review, Ramaphosa said the government had launched an initiative to identify illegal immigrants.

`We continue to have foreign nationals who do not have documents. A programme has been started to examine who among foreign nationals does not have documents, and a number of them are being arrested.

Ramaphosa said:

Those who do not have permits to be in South Africa better know now that South Africans want this country to be occupied by people who have documents or who are citizens of our country.

The rise in the unemployment rate among young people has added to the woes faced by Lesufi and the ANC as the party aims to remain in charge of the province.

Lesufi conducted a massive employment drive in the province to show that the government was doing something about youth unemployment. 

He promised to advertise thousands of jobs this year until the end of the ANC term in government. 

When he launched his job recruitment programme for 8 000 jobs, 1.2 million young people applied. 

He said, in July, that the figures showed how grave the unemployment crisis was.

Home Affairs Minister Aaron Motsoaledi has welcomed the lengthy jail terms meted out to two South Africans and a Pakistani national in separate cases in Durban and Johannesburg, respectively, for passport related crimes. Arfan Ahmed, a Pakistani was arrested in a sting operation involving the Counter Corruption Branch of Home Affairs, the Hawks and the Police Crime Intelligence on 24 March at the Home Affairs office in Krugersdorp.

Pakistani national

Motsoaledi’s spokesperson Siya Qoza said Ahmed was sentenced to eight years by the Brixton Magistrate’s Court for the passports found in his house after his arrest in Krugersdorp.

“The Department awaits his sentencing for his role in the Krugersdorp passport syndicate. Ahmed is a kingpin of a passport syndicate that sought to undermine the country’s laws by fraudulently procuring South African passports for Pakistani nationals, who did not have a legal right to possess South African passports.

“He was working with some corrupt officials of Home Affairs in a network that spanned Gauteng, Limpopo, KwaZulu-Natal, Eastern Cape, Western Cape and Mpumalanga. While the Pakistani is languishing in jail, the 12 corrupt Home Affairs officials who enabled his scheme have already been fired and submitted to the Hawks for criminal investigations,” Qoza said.

Home affairs official

In a separate case, the Durban Magistrate’s Court sentenced Anda Ngozi and Nomthandazo Mboyane to 26 and 24 years respectively for fraud, as well as for contravention of the Identification and immigration Act and Prevention and Combating of Corrupt Activities Act.

“The sentences of the two will run concurrently, practically meaning that Ngozi will spend 10 years while Mboyane will spend eight years [in prison],” Qoza said.

Qoza said the duo were officials of the Department of Home Affairs employed at the office in Queenstown, in the Eastern Cape.

“They used to travel 650 km each way at a time during the night to Home Affairs offices in Commercial Road and in Prospecton in Durban, KwaZulu-Natal, to fraudulently process 52 passports to foreign nationals, mostly from the DRC, who are not legally entitled to them.

“They were paid between R3 000 and R5 000 for each passport. South Africans who were prepared to lend their identities for this nefarious scheme were paid a paltry R500. These were usually young people who were on nyaope,” Qoza said.

The two were arrested in November 2022 after a probe led by the Counter Corruption Branch.

The Durban Magistrate’s Court also ordered that the 52 passports be surrendered to the State

Justice

Motsoaledi said he was extremely pleased the courts were meting out lengthy sentences to those who seek to undermine the integrity of Home Affairs systems.

“I am also happy the collective work of the multidisciplinary law enforcement teams has ensured that these rascals face the full might of the law for their criminal actions.”

Motsoaledi added he was looking forward to the sentencing of more people related to these two cases as the Hawks continued with their investigations.

“Once again, I want to reiterate that we shall stop at nothing in ensuring that all Home Affairs officials who engage in malfeasance face the full might of the law. If you are at Home Affairs and are corrupt, expect our knock at your door.”

Motsoaledi said the actions of corrupt officials, kingpins, South Africans and corrupt foreign nationals have severe consequences for the country.

“Because of this abuse of the passport application system, Home Affairs has drastically changed the processes through which passports are acquired in the country,” Motsoaledi said.

In a recent meeting attended by SAQA affiliates , Immigration Practitioners & Lawyers , DHA presented a webinar hosted by Phindiwe Mbhele - Director: Corporate Accounts  he highlighted the great level of fraud perpetuated by people from fake SAQA certificates , fake qualifications , fake bank statements fake employment contracts and employment letters . In addition there are a number of fake spousal and life partner relationships , please be aware Home Affairs have increased their detection of fake documents and below is an example of a letter that Home Affairs will send prospective applicants if fraud is suspected .

Example of Fraud Detected During Verification 

Comments : 1 

• In terms of Section 49 (14 ) of the Immigration Act ,any purpose who for the purpose or entering in or remaining in , or departing from , or of facilitating m or facilitating the entrance into , residence in or departure from , the republic , whether in contravention of the Act or not , commits any fraudulent act , or makes any false representation by conduct , statement or otherwise , shall be guilty of an offence and liable on conviction to a fine or to imprisonment no exceeding eight ( 8 ) years 

• Through telephonic communication with ABC  college , human resource it was confirmed that the applicant is an educator , and not what is specified in the employment contract 

• An email was then sent whereby it was confirmed that the submitted employment contract is not correct and is not in any way a true reflection of the letter of employment they have in their records 

• They confirmed that the employment contract I sent for verification was altered in all respects  and the MD’s signature is fraudulent 

• Applicant is therefore of no sound and good character to sojourn in the republic 

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A damning forensic investigation conducted by the department of employment and labour has recommended that Minister Thulas Nxesi institute disciplinary proceedings against the UIF commissioner, the department director-general (DG) and other officials for their role in signing a R5 billion lucrative deal between Thuka Capital Fund and the UIF.

The deal was meant to create thousands of long-term and sustainable jobs and market linkages, and broaden supply chains.

The scheme also aims to redirect workers who have been retrenched into other absorptive industries by analysing their skill levels, retraining, coaching, and creating sustainable businesses, cooperatives and small, medium and micro enterprises, while incubating and holding them in a value chain managed and controlled by the ecosystem.

NO DUE DILIGENCE

The investigation was instituted in December last year after Nxesi invoked a fact-finding exercise in the appointment of Thuja and conducted due diligence to establish whether Thuja had the necessary capacity to deliver on the project. 

The forensic investigation reveals how the department DG, Thobile Lamati, and UIF commissioner Teboho Maruping ignored legal opinions before signing the deal. The forensic report also states that no due diligence was conducted before the multibillion-rand deal was signed.

Last week, Nxesi dismissed Mthunzi Mdwaba, the owner of Thuja Capital Fund, as the chairperson of Productivity SA, an entity of the department.

This week Mdwaba sent Nxesi a letter from his lawyers informing him that his decision to dismiss him was unlawful.

City Press understands that Nxesi appointed law firm N Gawula Inc to conduct the forensic investigation in December last year and a final report was handed over to the minister at the beginning of September. 

Law firm director Neville Gawula confirmed to City Press that his firm of lawyers was appointed to conduct the forensic investigation and handed it to Nxesi.

The forensic report, which City Press has seen, shows that Lamati, Maruping and other officials were interviewed as part of the investigation.

The report reveals that Thuja refused to participate in the investigation and did not allow some of its directors to be interviewed.

City Press understands that Thuja, in a letter dated June 23 this year, communicated to N Gawula Inc that “we will not subject ourselves to any due diligence process post-agreement as we were and have been advised that all processes had been followed by the UIF prior to the signing of the agreement”.

The report states that Thuja Holdings was, according to Companies and Intellectual Property Commission records, only registered and the directors appointed on December 5 last year.

The report further states that Thuja’s listed directors did not have the requisite experience, expertise, capacity or track record to implement the Thuja Capital proposal.

The report states that the labour activation programme national adjudication committee (LNAC) and labour activation programme (LAP) officials had not performed a risk assessment and due diligence on Thuja Capital or Thuja prior to Lamati’s signing the UIF/Thuja agreement.

The report states: 

Furthermore, the Industrial Development Corporation (IDC) had not performed a risk assessment and/or due diligence on Thuja Capital or Thuja, as previously advised by the Auditor General of SA, prior to the DG’s signing the UIF/Thuja agreement

The report also reveals that Lamati and/or Maruping were untruthful during interviews with N Gawula Inc.

“[Through] engagements with the department and the UIF, it is indicative that an actual, perceived and/or potential conflict of interest may exist, involving Mdwaba, in that he is the chairperson of the Productivity SA Board, of which the DG (Lamati) is the accounting authority,” the report states.

The report adds that Mdwaba, as the chairperson of the Productivity SA Board, would have insight and knowledge of the Productivity SA strategies and the entities in distress.

It states: 

The LNAC observed that there is a possible conflict of interest because one of the initiators is the chairperson of the board of one of the entities, the department of employment and labour ... it was an important observation member lifted up for the attention of the delegated authority for consideration in the decision-making process

The report states: “No written declaration, nor any reference [was] made of such declaration in communications addressed by Thuja Capital or Thuja to the department and the UIF.”

IGNORED LEGAL OPINIONS

With regard to Maruping, the report made damning findings that he ignored or discarded internal legal opinions and comments provided by the LAP Unit, LNAC, the department and the UIF chief operating officer offices, the department and the UIF legal services, including external legal opinions.

The report states that Maruping relied on legal opinions or justifications provided by Mdwaba when Mdwaba and the UIF commissioner were unqualified to provide them.

It states that Maruping failed to reasonably take due care and caution in applying his mind to adequately address the comments and inputs provided by the department and the UIF legal services in the draft UIF/Thuja agreement to ensure that all potential risks to the UIF were addressed and considered, and, instead, relied on comments, justifications and input provided by Mdwaba or Thuja Capital.

The report states that Lamati also ignored or discarded internal legal opinions and comments provided by the LAP unit, LNAC, the department and the UIF chief operating officer offices, the department and the UIF legal services, including external legal opinions.

It states that Lamati also failed to reasonably take due care and caution in applying his mind to adequately address the comments and inputs provided by the department and the UIF legal services.

NXESI MUST ACT

The report recommended that Nxesi implement measures that LNAC members, LAP unit officials, the UIF commissioner and the DG, promptly, in writing, and during LNAC meetings, declare any perceived, actual or potential conflict of interest for each proposal or application received by the LAP, adjudicated by the LNAC, and approved by the UIF commissioner or the DG.

It further recommends that stringent adjudication processes, due diligence and risk assessment standards and checklists be developed before proposals are sent for approval.

PRESIDENT CONSIDERS THE CIRCUMSTANCES

City Press understands that Nxesi has submitted the report to President Cyril Ramaphosa and proposed that Lamati be placed on suspension.

Presidential spokesperson Vincent Magwenya confirmed to City Press that the report has been received and is being processed.

Magwenya said: 

I can’t comment on the action the president will take until such time as the report has been properly processed and the necessary action carefully considered. However, once the report has been properly processed, appropriate action will be effected

Nxesi’s spokesperson Sabelo Mali confirmed that a forensic investigation was conducted on the deal and was also referred to Ramaphosa.

Mdwaba told City Press that he hadn’t seen the forensic investigation report and had instructed his lawyers to request a copy.

“The minister has refused to give it to me in my capacity as the chairperson and CEO of Thuja or as the chair of Productivity SA,” he said.

Maruping said: “I am not in a position to comment because I do not have the forensic report.

Getting documents from Home Affairs in South Africa can be very time consuming. Let Samigration.com make the process easier for you.

The Department of Home Affairs is proposing major changes to ID cards in the country. 

In South Africa, the Department of Home Affairs is responsible for issuing civic certificates and documents, including marriage, death, and birth certificates. They also issue Letters of No Impediment and divorce decrees to South African citizens, but what is the best and fastest way to obtain these documents from Home Affairs?

How long does it take to obtain documents from Home Affairs?

Unfortunately, if you attempt it alone, especially abroad at South African embassies, civic certificates like birth and marriage certificates usually take 6 to 8 months and at least two months if you apply from within South Africa. Also, for divorcees, letters of non-impediment can only be issued once your previous divorce has been registered and your status updated on the Home Affairs system, which can take up to 8 months. Please note that for marriages after the year 2000, without a DHA-30 form in your application, you will not get a marriage certificate from the DHA.

A note on birth certificates

One of the documents renowned for taking the longest of them all to obtain is the South African Unabridged Birth Certificate. Individuals born after 2014 were automatically issued with an unabridged birth certificate, but anyone born prior to 2014 will need to apply for their unabridged birth certificate at one stage or another.

The unabridged birth certificate is the long-form version of the abridged version that the majority of adult South Africans were issued with and contains information about both biological parents or guardians of an individual.

The Department of Home Affairs is renowned for taking anywhere between three and six months to issue a birth certificate and copies of unabridged marriage certificates, but document assistance services �` like Samigration.com �` can help you obtain yours in as little as three weeks if your records are easily accessible.

Obtaining copies of your divorce decree

The process of obtaining a copy of your South African divorce decree isn’t lengthy, but it is difficult. And that is why it is always best to work with professional documentation service providers, like Samigration.com, to help take the hassle out of the process.

In order for them to help you obtain your decree of divorce from Home Affairs, you would need to provide them with the following information:

• Divorce case number

• Court where the divorce was finalised

• Date (day, month, and year) of the divorce

• Names and ID numbers of the plaintiff and defendant (you and your ex-spouse)

Having corrections applied to your civic certificates from Home Affairs

Although it is entirely possible to have document corrections made to your official South African certificates, the process often takes much longer than one would expect. There are many South Africans that request simple changes to their details on certificates. But what very few people understand is the fact that document corrections can take much longer than the original issuing of the certificate.

Getting help with your civic certificates from the DHA

Getting documents from Home Affairs in South Africa can be a time-consuming and frustrating process if you attempt to do it on your own. The problem is that these documents all require endless queuing at Home Affairs for hours on end just to submit an application and then waiting for the documents to be issued, which could take months.

For most South Africans, time is a luxury you might not have when your travel dates or visa appointments are fast approaching. If you need help with obtaining any of these documents, get in touch with Samigration.com today, a documentation assistance service that does the queuing for you and can help you obtain your documents in record time!