Home Affairs Minister Leon Schreiber was responding to written questions by MPs about the temporary visa concession for foreigners as well as the impact of wealthy foreigners on the rental housing market.
CAPE TOWN - Home Affairs Minister Leon Schreiber said there were measures in place to prevent the abuse of immigration policies for foreigners.

Schreiber also said that the Special Investigation Unit (SIU) was probing thousands of visas issued due to the alleged corrupt activities contained in the Lubisi Report, which exposed serious fraud in the department.

He said that the total number of approved cases since August 2022 was almost 80,000 cases (79,904).

Schreiber was responding to written questions by MPs about the temporary visa concession for foreigners as well as the impact of wealthy foreigners on the rental housing market.

The home affairs minister was asked by African Transformation Movement (ATM) MP Vuyo Zungula on how the concession for foreign nationals aligned with the government’s strategy to reduce unemployment and protect job opportunities for South Africans.

Zungula also asked Schreiber for details of the skills transfer plan for foreign workers as well as the measures his department had in place to address the issue of fraud.

Schreiber said that the concession was aimed at addressing applicants who were affected by the backlogs experienced in the department.

On the skills transfer, the minister said that this occured for a category of visa, namely, intra-company transfer, whereby the company is required to have a skills transfer plan.

But Schreiber referred questions on the impact of wealthy foreigners on the local property markets to other relevant departments, like human settlements.

Being merely born in South Africa is not enough to determine the citizenship of a child. For a child to obtain citizenship by birth in South Africa, one of the two parents must be a South African citizen, naturalised or permanent resident.

This has been clarified by Home Affairs Deputy Minister Njabulo Nzuza, who explained that children born in South Africa - with neither parents being South African - do not automatically acquire South African citizenship.

Nzuza’s statement comes amid afrophobic attacks aimed at Miss SA hopeful Chidimma Adetshina.

Born in 2001 in Soweto to a Nigerian dad and a South African mom with Mozambican roots, Adetshina has faced afrophobic and xenophobic attacks on social media, with South Africans questioning her citizenship. She is a South African citizen.

Nzuza says those who feel strongly against Adetshina and which ever other citizen, they “have a right to come to Home Affairs through a PAIA (Promotion of Access to Information Act) and say that they suspect this person, then we will investigate,” he said.

He said if investigations uncover that the parents acquired citizenship fraudulently, it could be revoked from both the parents and the child.

Nzuza said they have not received any specific request to investigate the citizenship status of the Miss SA contestant`s parents.
What do legal experts say?

Writing on the Public Interest Legal Centre of South Africa (PILS), Lawyers for Human Rights explained that being born in South Africa does not automatically confer citizenship.

“People automatically qualify for South African citizenship only if they were born in South Africa and at least one of your parents was a South African citizen or holder of a permanent resident’s permit, or if you were adopted by a South African citizen.”

Additionally, Taryn York and Thato Makoaba, associates in employment law at Cliffe Dekker Hofmeyr (CDH) Incorporated, a full-service law firm, said that if an immigrant gives birth in South Africa while holding a work visa and the mother holds a visitor`s visa, and applies for a birth certificate for the child while they are not permanent residents, the child will only receive an unabridged birth certificate, which does not confer citizenship.

They said this would allow their children to return to their home country where they could be issued with birth certificates.

York and Makoaba said dissatisfied parents had recourse to file a review application under the Promotion of Administrative Justice Act 3 of 2000.

The High Court would required to determine the following:

- Whether citizenship could be granted to children of persons who were neither South African permanent residents nor citizens;

- Whether the applicants` minor children qualified for South African citizenship by birth in terms of section 2(2) of the Citizenship Act 8 of 1995 (Citizenship Act); and

- Whether the legal status of a parent`s admission into South Africa could determine the citizenship of their child under section 2(2) of the Citizenship Act.

In determining these issues, the court would consider section 2(2) of the Citizenship Act which provides that:

`Any person born in the Republic and who is not a South African citizen by virtue of the provisions of subsection (1) shall be a South African citizen by birth if - (a) he or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality, and (b) his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act 1992`.

The law firm said in expanding on section 2(2) of the Citizenship Act, the court will also rule that citizenship in South Africa is either obtained by birth, descent, or naturalisation, “and that the basic principle of South African citizenship is that a child follows the citizenship or nationality of his or her parents”.

The Department of Home Affairs has clarified the facts regarding the nationality of Miss SA finalist Chidimma Adetshina.The Department of Home Affairs has clarified the confusion regarding Miss SA finalist Chidimma Adetshina, whose nationality had been questioned.

Since revealing that her father is Nigerian and her mother is a South African with Mozambican roots, the 23-year-old has been victimized by angry pageant fans who believe she should not win or represent South Africa.

On social media, various high-profile figures, including Prince Kaybee, Pearl Thusi, Gayton McKenzie, Herman Mashaba, and Julius Malema, have shared their comments on the scandal.
HOME AFFAIRS SPEAKS: WHAT MAKES YOU A SOUTH AFRICAN

Speaking to Clement Manyathela on 702, Home Affairs Deputy Minister Njabulo Nzuza attempted to set the record straight on Chidimma Adetshina and questions over her citizenship.

Nzuza began by claiming that he was not at liberty to publicly reveal confidential information about any citizen, including Chidimma.

However, he did clear up confusion on what constitutes citizenship, which, according to the Citizenship Act, is acquired by birth, descent, or by naturalisation.

Nzuza said, “It is commonly acquired either by soil or by blood. When we say soil, it’s because you are born in that country, and then you become a citizen.

“One country which has adopted this is America, whereby if you are born there, you become a US citizen. [However], in South Africa, you get citizenship by blood. One of your parents must be a South African. Then you qualify.

He continued: “If a person suspects that there is a person who is unworthy of citizenship or might have wrongly obtained citizenship, they do have a right to come to Home Affairs, and then we investigate.

“If citizenship has been obtained in a wrong way, we have taken back the citizenship and indicated that it was obtained via fraud.

“In some cases, its not the actual person, but it is the parents of that person who have obtained citizenship. When we take away the citizenship which was erroneously or fraudulently obtained, then the child also loses citizenship”.

“I’ve heard a lot of people say that if you are born in South Africa, you are a citizen. No, in South Africa, citizenship is by blood”.
BORN TO FOREIGN PARENTS

Clarifying, Nzuza added that a child born in South Africa to foreign parents could obtain citizenship if their parents had a permit residency.

He continued: “The children follow the status of their parents.

“If a parent is here on a permanent residence and their child is born here, then that child qualifies for permanent residency.

“If a South African mother adopts a child, then that child can become a South African.”
MISS SA ON CHIDIMMA: IS SHE A SOUTH AFRICAN?

The South African reached out to the Miss SA organisation for comment. It confirmed that both Chidimma Adetshina and her mother are South African citizens. It also confirmed that Chidimma met all the necessary criteria to enter the pageant.

The organisation also declined to comment further on the social media backlash.

The South African Revenue Service (SARS) can take money directly from one’s bank account, often catching taxpayers by surprise.

With tax season officially opening in South Africa on 15 July 2024, provisional taxpayers who did not agree with their auto-assessments have until 21 October to file their taxes.

Taxpayers must submit a tax return to SARS so that the revenue service can calculate their tax liability based on the income they declare and the tax-deductible expenses they have incurred for a year of assessment.

That said, Tax Consulting SA said that many find themselves in a precarious position where they only find out that they owe SARS money once it is taken from their bank account by the taxman.

Tax Consulting SA looked at how taxpayers can ensure that this never happens to them.

Firstly, South Africans have to understand tax law. As a South African taxpayer, it is your responsibility to make sure that your taxes are up to date.

“Even where you use a professional, have gone into SARS to do your taxes or consider yourself capable enough to handle your own tax affairs, there are just so many things which can happen that cause you to owe SARS money,” said the tax experts.

“We see most SARS unknown debts arising from SARS assessments which are AI-generated or where a taxpayer was inadvertently non-responsive to a SARS message.”

“Once there is a tax debt, and you have not followed the correct procedures to protect yourself, the law is clear - pay now and argue later.”

Secondly, taxpayers must determine the status of their tax compliance. This can be done on one’s SARS eFiling profile.

That said, most taxpayers are only able to determine whether there is a judgment against them when applying for credit or performing a credit check, which looks like the following:

“As a tax firm, we do not like surprises, so we use www.taxcheck.co.za to verify this for our clients automatically. Employers use the same system to determine the compliance of their employees with tax, as it provides accurate information and this does not breach taxpayer confidentiality rules.”

There are also potential severe consequences of a SARS Tax Judgement.

“If you do not know already that you can owe money to anyone but the taxman, some life lessons can only be learned from personal experience.”

“One particularly challenging aspect is the SARS judgement and Certified Statement, which can lead to severe consequences like wage garnishments, asset seizures, and a negative impact on credit ratings.”

SARS judgements and certified statements are strong legal instruments that the taxman utilises to ensure the collection of outstanding tax debts.

If a taxpayer fails to meet their tax obligations, SARS can obtain a judgment that can result in the insurance of a certified statement, essentially acting as a civil judgment.

That said, taxpayers could have some hope as the SARS can withdraw a certified statement if the taxpayer follows the correct legal avenues.

Francois Wilken, president of Free State Agriculture FSA, has highlighted concerns about the potential effects of Lesotho’s food security crisis on South Africa.

Wilken’s comments follow the declaration of a national disaster by Lesotho’s prime minister, Sam Matekane, due to drought conditions caused by El Niño. It is reported that around 700 000 citizens of Lesotho require humanitarian assistance, with an estimated R2.1 billion needed to address the crisis.

“We acknowledge the severity of the situation and extend our sympathy to those affected by hunger. We support a structured humanitarian response to procure and distribute food in an organised manner,” says Wilken.

However, FSA has also expressed concerns about potential consequences for South Africa, including increased crime along the border. “We experienced the theft of twenty hectares of dry beans before we could harvest them,” a local farmer reports. “We now have guards monitoring our maize around the clock.”

This increased security need places an additional burden on South African farmers, and FSA is calling for further assistance to manage these challenges.

Cross-border cattle grazing and illegal employment
Dr Jane Buys, safety risk analyst at Free State Agriculture. Photo: SuppliedDr Jane Buys, safety risk analyst at Free State Agriculture. Photo: Supplied/Food For Mzansi

A recent assessment by FSA’s security risk analyst, Dr Jane Buys, identified issues with Lesotho cattle grazing on South African farms, often managed by Lesotho nationals who may be in the country illegally. The problem extends beyond the border areas and affects many farms in the Free State, particularly near mining regions.

Additionally, there are reports of illegal employment of Lesotho citizens.

“These activities are a means for individuals to earn money to send home, but they have significant implications for small and emerging South African farmers and contribute to increased crime in rural areas, which in turn affects our own food security,” notes Buys.

In response, FSA is urging the government to bolster protection for South African farmers, particularly those near the Lesotho border, to prevent theft and ensure continued food production.

“If farmers are forced to invest excessive time and resources into security rather than farming, it could impact their productivity and overall viability. This has the potential to affect the broader Southern Africa region and lead to further food shortages,” concludes Wilken.