A foreign couple worth R49 million can finally retire in SA – despite home affairs and FNB

Compiled by Phillip de Wet, Business Insider SA.

07 Nov 2022

• In theory, South Africa welcomes foreigners worth at least R12 million who want to settle locally.
• A couple in their seventies from Singapore – worth R49 million – found it a little hard to take advantage of that welcome.
• First National Bank said, incorrectly, that they had submitted a fraudulent account statement.
• Even after that mistake was corrected, the department of home affairs refused to grant them residency, up to fighting them in court.
• The DHA has now been ordered to issue their permits, and cover their legal costs.

A wealthy couple from Singapore should finally receive permanent residency in South Africa towards the end of this month, after a three-and-a-half-year fight to take advantage of immigration provisions designed to attract wealthy people and their money.

And the department of home affairs (DHA) will have to settle their legal bill.

On Friday, the Western Cape High Court gave the director-general of home affairs and its minister 20 days to issue residence permits to Yew Teck Ling and See Hie Chua, a married couple of Singaporean nationals in their early 70s.

They have a net worth of at least R49 million, well above the threshold of R12 million used in South Africa to determine if people are rich enough for special treatment.

But that made no difference when things went horribly wrong after they submitted their application for permanent residency in January 2019.

The couple submitted nine statements from three different banks, to show how much cash they had. As would emerge later, the DHA took almost exactly two years to ask one of those banks, First National Bank, to verify some of those statements. FNB's specialist bank statement verification unit immediately came back with an answer: at least one statement "appears to be fraudulent as the transactions reflected thereon does [sic] not correspond with the transactions on the Bank's systems."

It took another eight months, to September 2021, for DHA to convey that news to the couple, telling them that their attempt at fraud makes them people "not of good and sound character", and so not welcome in South Africa. 

DHA did not tell them which bank statement had been deemed a fake, not when they asked in October, not when they asked in November, and not when they asked in December.

Only this year, in the face of legal action, did their lawyers first obtain the record of the decision, and then an admission that crying fraud had been "an error".

Armed with that, their lawyers went back to home affairs in May, to suggest that it stop fighting their court application for their permits.

DHA refused. The couple, it said, had now overstayed their previous permits. They would first have to fill out the correct forms to explain why they had not renewed their temporary visas. Having so sought to legalise their stay, they could either apply for permanent residency again from scratch, or could try for an appeal against the previous decision, having first asked for condonation for filing that appeal late.

Either way, they would not get "the opportunity to submit the correct and verified bank statements with proof thereof."

This, the DHA's lawyers told their lawyers, would be a "practical and pragmatic solution going forward."

In fact, there was absolutely no other way to deal with the case, home affairs director general Livhuwani Makhode told the court. His decision to deny the application had been correct, he said; the fact that he had done so based on a mistake by someone else made his call neither wrong nor unreasonable.

And now, Makhode said, it was utterly impossible to reconsider the matter. As the file on the application had been closed, any further action on it – such as correcting FNB's mistake – would undermine departmental procedure from which there can be no deviation.

He did not say how exactly the couple could reapply in the face of an uncorrected finding that they had committed fraud, nor how long their new application might take.

But considering South Africa's approach to attracting rich foreigners – at least in theory – there is no reason to put the couple through the uncertainty of another application, ruled judge Judith Cloete. Instead, DHA should simply issue their permits.

And, so as to not "make a mockery of their duty to be accountable", the home affairs DG and minister can pay their legal costs too, in their official capacities.

SA Tourism in ‘high spirits’ ahead of summer

03 November 2023 – Tourism update

South African Tourism has weighed in on the country’s latest tourism stats, underlining that the improving numbers show the sector is in a good position heading into the peak summer season. 

Year-to-date, South Africa has received a total of 3.3 million international arrivals, signalling a 165% increase compared with the same period in 2021.

“Our tourism numbers continue to show a steady upward trajectory. We’re excited to head into summer, which is our peak season, with such great performance and in high spirits as a sector. This is also a good indication that the work that our teams have been doing in the various markets has been effective and is paying off,” said Themba Khumalo, SA Tourism’s Acting CEO.

International arrivals into South Africa were over half a million (555 832) in August 2022, a 199% increase when compared with August 2021. Month-to-month, there was a 10% growth in international arrivals compared with July 2022.

According to the Stats SA insights, holidaymakers constituted the majority of travellers to South Africa during August, followed by individuals travelling for business, as well as students and tourists travelling for medical treatment. Africa (with 75% of arrivals) and Europe (15%) have consistently been the biggest sources of arrivals to South Africa.

Domestic tourism a cornerstone

From a domestic front, more South Africans are also heeding the call to explore their country. From January to August 2022, 21.3 million domestic trips were taken, growth of 92% over the 2019 pre-pandemic levels.

“Our domestic tourism sector is the cornerstone of our tourism sector, so we are pleased to see that domestic tourism is growing, not only in numbers but also in spend,” said Khumalo.

Year-to-date, domestic spend has seen growth of 190% over 2021 to reach R59.2 billion (€3.3bn), with the average domestic tourist spending R2 781 (€155) per trip.

“Interestingly, the number of bed nights increased, meaning people are not only travelling but are spending more nights away from home. This shows that, as South Africans, we are surely inculcating a culture of travel amongst ourselves.”

Khumalo encouraged South Africans to view summer holiday deals on the Sho’t Left website, to be able to book their festive season travel at affordable rates.

www.samigration.com

Home Affairs Minister Motsoaledi and Ramaphosa lied about e-Visa, it collapsed and only started working two months ago, after the department outsourced a private company

IOL – 31 Oct 2022

The complicated red-tape within Department of Home Affairs (DHA) has negatively affected the country’s investment opportunities, losing millions yearly because investors can’t readily access the country.

In 2018 Ramaphosa launched the SA investment summit that was meant to attract foreign investment to the country in order to raise the economy and create business opportunities.

However in about 152 investment pledges made since the start of the annual conferences, only 45 projects had been completed, while 57 others were under construction and the rest have failed to get off the ground, resulting in the loss of millions.

In March this year, the 4th investment conference, held in Sandton, Johannesburg, raised over R300 billion, Ramaphosa said in his closing address.

However, according to presidential investment envoy Jeff Radebe, it has not all been all well in the four years since its launch in 2018.

He reportedly said: “Not all the pledges [from the previous investment conferences] have been honoured. Economic challenges have conspired against these projects, but there have been some exceptional ones that have taken off.”

But according to sources, the biggest contribution to these failures is investors not being able to access the country because of difficulties getting visas.

The overhaul of the country’s immigration system has also not helped the situation.

The new system has caused a massive backlog because submissions previously went through visa and permit facilitation centres which would process applications and send the outcomes directly to the foreign national.

The news system visa applications will be processed through a centralised adjudication system which prolongs the process.

A number of immigration agents and immigration legal representatives told The Star they are frustrated due to the visa backlog and are concerned that potential investors are taking their funds to other countries.

Sources from the DHA have also told the paper that under the department, e-Visa collapsed and they blamed the DHA Minister Aaron Motsoaledi for failing to implement the e-visa process and properly manage it.

DHA sources also accused Motsoaledi of lying to Ramaphosa that e-Visa was implantation and it was working, while it collapsed and only started working in August and not via the department but through VFS Global.

The company is private and is also known as Visa Facilitation Services for government and diplomatic missions.

On February 10, 2022, Ramaphosa told the nation that the e-visa system had been launched in 14 countries including China, India, Kenya and Nigeria.

He said government was streaming and modernising the visa application process to make it easier to travel to South Africa for tourism, business and work.

However a sources said this was not working and it has brought misery to foreign clients.

“By the time Ramaphosa made that announcement, e-Visa was not working. Ramaphosa and Motsoaledi lied to the nation. The process was made so complicated that a person could apply from the US but their applications had to come to the country, then it had to go through five to seven people. That is why it collapsed. The only thing concerning e-visa that worked was during the piloting,” said a source.

The source said the applications had to be adjudicated by DHA officials manually since the system lacked artificial intelligence.

“When e-Visa collapsed at Home Affairs, without any tender process or advertising, the department used services of VFS,” she said.

According to another source, from 2014, VFS did normal visa applications until their contract expired in 2019.

“The minister further extended the contract with VFS, the contract is due to expire at the end of December this year. It will be interesting to know if the minister will extend the contract again without following open tender processes or if other companies will get a chance.

“Motsoaledi failed to implement the system and hired a private company due to inconvenience, and that he does not take advise from anyone except DDG advocate Constance Mootse,” said another source.

He said another concern is that anyone can apply for e-Visa from any part of the world, even inside South Africa.

“The lack of AI means that even terrorists or illegal immigrants in the country can apply, is that dangerous for the country? Another problem is that the e-Visa is not integrated to South Africa’s Risk Engine (SAPS, Intelligence, Sars, State Security Agency), this means that the adjudicator must check manually, isn’t this a safety and security concern?” he asked.

Another source said he is aware that in one of the Asian countries, since January this year there were over 9 000 visa applications, and no visa has not been issued yet.

Immigration agent Pieter van der Walt said Motsoaledi failed and is letting the country down.

“As long as we have the incompetent minister in that department, government can host countless investment summits, but business and tourism will not grow because of the backlog of visa applications,” Van der Walt said.

Immigration lawyer Gary Eisenberg said the DHA cannot cope or fulfil the constitutional obligation.

“DHA has a constitutional mandate to provide services to the public efficiently. That is why I am saying they are incapable of doing so because they have no interest in helping foreigners. There is a total mismanagement at DHA,” Eisenburg said.

Another source said being a DHA senior employee means that you can be made to break the law.

“Cabinet ministers including Motsoaled have power to instruct us as senior staff at DHA to bend rules even though foreign nationals don’t meet a standard to enter South Africa. We have to toe the line,” said the source.

Motsoaledi’s spokesperson, Siyabulela Qoza, was given almost 24 hours to respond but failed by publication.

Ramaphosa’s spokesperson, Vincent Magwenya, was contacted for comment, however no comment was received from him.

www.samigration.com

 

Minister’s press statement on the media campaign by the independent newspapers

ISSUED BY DEPARRMENT OF HOME AFFAIRS - 31 October 2022

1. On 20 October 2022, the Star newspaper owned by the Sekunjalo Group of Companies published a prominent article entitled “More ANC graft and sex scandals” in both its print and electronic platforms. The article contained unfounded and what was intended to be damaging allegations of corruption against a hard-working member of the Counter Corruption Branch within the Department of Home of Home Affairs (“DHA”), Mr Eric Nendauni and alleged sexual misconduct by the Minister of Home Affairs (“Minister”) and the Head of the Counter Corruption Branch, Adv Connie Moitse. The allegations are said to emanate from what the journalists claim is “a whistle-blower” but in fact it has been discovered that the lies came from a disgruntled junior administrative clerk in the employ of the DHA.

         Corruption and womanising allegations against Mr Nendauni

2. The so-called whistle-blower (who remains a single source), who the two journalists relied on to allege (without any shred of evidence) that “Mr Nendauni had cases allocated to him to investigate issuing of permits to foreign nationals without proper procedures and documentation. He decided to take R20 000 from each colleague and cases were closed without charging them”. 

3. The so-called whistle-blower further alleged that Mr Nendauni went on a drinking spree in the company of two unidentified women and misused the state vehicle. The women later robbed him as he did not pay the females money that was due to them. He was later protected by the Head of the Anti-Corruption Unit.

4. First, the two journalists in typical gutter journalism decided to publish the unverified allegations.

5. Second, the DHA would like to respond to the allegations of corruption and misuse of the state vehicle unfairly levelled against Mr Nendauni and would like to share with the public the following facts:

5.1. Mr Nendauni does not take any alcohol at all and hence can never go on a drinking spree as alleged by the Star newspaper. On Saturday, 9 September 2022, he went to the office from 11h00 to 16h00 as he was preparing documentation for the appearance in Court of individuals he had arrested, together with the members of the South Africa Police Service (“SAPS”) for issuing fraudulent passports and identity documents.

5.2. At about 17h00, he went to Soshanguve to a friend’s house-warming party using his own Audi vehicle with registration number: CM 97 PB GP. Mr Nendauni does not drive a state vehicle “Polo Sedan” with registration number: “KG 64 WG GP”. In fact that vehicle does not even exist in the fleet of vehicles under the control of the DHA. Whilst at the said party, an invited guest came with two women (who were not invited to the party). When he left at about 18h45, his friend gave him two Appletisers and he opened one. As he was about to leave the two women (who were not invited to the party) requested a lift from him to be drop off in Tshwane Central. He informed them it was not on his way to his home. They then requested to be dropped at Akasia. On the way, he had an opened Appletiser and one was still closed. He stopped to answer the call of nature. When returned, he had another sip of the opened Appletiser. All of a sudden, he felt numb on his legs and became unconscious.

5.3. When his wife realised that he did not come back home (which he has not done before), she phoned his colleagues who went to the office and could not find him and the state vehicle was parked in the garage. They advised his wife to open a case of a missing person under CAS 05/09//22. The police contacted tracker to trace the location of his vehicle. Whilst awaiting the outcome from tracker, a woman called his wife and told her he found her husband in his vehicle and he appeared dizzy and incoherent. She rushed to the scene, together with the police. She realized that his wallet and mobile phone were missing. Mr Nendauni was rushed to Akasia Hospital and the tests revealed that his drink was spiked with a known drug. When the police were informed about the results, they indicated that there is a gang of women robbers, who attend parties normally uninvited and later spike the drinks of their victims and rob them of their belongings.

5.4. Mr Nendauni was robbed of an amount of R 2 300 and a further amount R 2000 was sent via e-wallet, The investigation into the robbery, attempted murder and theft by members of the SAPS is ongoing.

5.5. The allegation of Mr Nendauni receiving bribes from his colleagues were thoroughly investigated and no evidence was found to support this wild allegation.

6. It is common cause that the DHA has taken effective steps to curb corrupt activities by its officials, which resulted in some of them being arrested and/or dismissed. There are other pending disciplinary cases. The Minister finds the malicious allegations against Mr Nendauni to be in bad taste and unacceptable. Clearly, the unsubstantiated allegations are meant to tarnish the reputation of corruption-busters within the DHA. The Minister believes that the Star newspaper is pursuing a nefarious agenda which is not geared towards promotion of freedom of the press by defending rascals masquerading as “whistle- blowers”. It is also not in the public interest as the journalists were prepared to throw out of the window all the ethical and standards governing fair reporting. The public cannot be fooled into believing nonsensical allegations. This begs the question as to what is the role of the Star newspaper in the fight against corruption and fraud in South Africa? 

        Allegations of a romantic relationship between the Minister and Adv Moitse

7. The allegations regarding the imaginary romantic relationship between the Minister and Adv Moitse deserves no response by the Minister. They are meant to make the article appear to be carrying sensational and juicy breaking news.

8. The Minister and the DHA will not be deterred from fighting corruption, fraud and illegal migration whenever they rear their ugly head based on spurious allegations. This is nothing but a fight-back strategy by criminals operating within and outside the DHA.

9. In future, the DHA will not respond to specific questions from the Star newspaper. Instead the DHA will issue a public statement in response to the questions, including the questions sent to the DHA by the Star newspaper on 25 October 2022 effectively giving the DHA 04 hours to respond to some historical issues.

 

 

www.samigration.com

 

Naspers and Prosus plunge as Xi spooks investors

News24 – 24 October 2022

Hong Kong stocks plunged by more than six percent to a 13-year low Monday as investors were spooked by Chinese President Xi Jinping's decision to hand key economic posts to loyalists who back his zero-Covid strategy.

The Hang Seng Index ended down 6.36 percent, or 1,030.43 points, to 15,180.69, its weakest level since 2009 during the global financial crisis.

Market giant Tencent lost 11%, while Alibaba and JD.com were all down around double digits and the Hang Seng tech index was almost 10 percent down.

On the JSE, Naspers slumped more than 12% to R1 818.87, while Prosus lost almost 10% to R776.87 just before lunch on Monday.

Naspers has a majority stake in Prosus, which holds 28.9% of Tencent.

The Shanghai Composite Index slipped 2.02 percent, or 61.37 points, to 2,977.56, while the Shenzhen Composite Index on China's second exchange shed 1.76 percent, or 34.59 points, to 1,932.34.

Xi's decision to pack his leadership with supporters as he tightens his grip on power suggests the government will not likely shift from its strategy of fighting Covid outbreaks with lockdowns and other strict measures.

The policy has been blamed for the sharp drop in growth in the world's number-two economy and, while data showed Monday that it expanded more than forecast in the third quarter, traders remain on edge.

In a speech to close the Congress on Saturday, Xi insisted his zero-Covid policy had been a success.

And he promoted Li Qiang, the architect of a two-month lockdown in Shanghai that crippled the financial hub's economy, to the second most powerful post in the Communist Party.

"The more centralised power becomes, the more the risk of overzealous policy implementation based on directives from the top," Duncan Wrigley, at Pantheon Macroeconomics, said.

"This happened in some of the lockdowns in the second quarter."

Tech firms were among the worst hit in the sell-off, having been hammered in recent years by Xi's crackdown on the sector that has scythed firms' profits and wiped billions off their valuations.

The sell-off cast a shadow over an otherwise bright start on other Asian markets, where traders were cheered by a rally on Wall Street following a report saying the Federal Reserve could ease up on its rate hike campaign.

"The Hong Kong market is seeing a panic selling moment," said Dickie Wong at Kingston Securities.

"While China reported macro data that beat expectation, the market is on a way down, as the leadership reshuffle and tensions between China and US continue to drag down sentiment and adds uncertainty."

www.samigration.com