Can I be deported , jailed for being illegal & I committed a Crime and was found guilty

Case 1
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA DIVISION)
(
APPEAL CASE NO: A198/2020
COURT A QUO CASE NO: SH249/2019
DATE: 23 February 2021
In the matter between:
MAPHOSA: GIFT Appellant
- and -
THE STATE Respondent
Heard on: 23 February 2021 – This appeal was, by consent between the parties, disposed of without an oral hearing in terms of s 19(a) of the Superior Courts Act 10 of 2013.
Delivered: 1 March 2021 2021
Summary: Criminal law and procedure – conviction for the rape of a minor child – evidence of a single witness corroborated by medical evidence – imposition of life sentence absent any substantial or compelling factors – conviction and sentence upheld – guilty plea in respect of contravention of the Immigration Act – appeal against sentence dismissed – order that appellant be deported after completion of sentence. JUDGMENT MILLAR, A J

Case 2
On 2 October the appellant, a 33-year-old man was arraigned in the Regional Court for Benoni on 2 counts. The first, count 1, was a charge of rape[1] in respect of a 12-year-old child and the second, for contravention of the Immigration Act[2], in that he entered and remained within the Republic without the required valid documentation.
He was found guilty and convicted on both counts. On 13 May 2020 he was sentenced to life imprisonment for the rape and to 2 years’ imprisonment for the contravention of the Immigration Act.
ORDER
On appeal from: The Benoni Regional Court (Regional Magistrate Schutte sitting as Court of first instance):
(1) The appeal against the conviction and sentence on the count of rape is dismissed
(2) The appeal against the sentence imposed for contravening section 49(1)(a) of the Immigration Act 13 of 2002 is dismissed.
On appeal from: The Benoni Regional Court (Regional Magistrate Schutte sitting as Court of first instance):
(1) The appeal against the conviction and sentence on the count of rape is dismissed
(2) The appeal against the sentence imposed for contravening section 49(1)(a) of the Immigration Act 13 of 2002 is dismissed.
(3) The appellant’s conviction and sentence by the Benoni Regional Court be and is hereby confirmed.
(5) The appellant is to be deported after serving his sentence.




What to do if your smart ID is lost or stolen


No need to worry if your Smart ID is lost. Replacing it is simple. Here’s a quick guide to applying for a new one.

There are more possible reasons why some SA citizens don’t have smart IDs. Image: Home Affairs
Has your Smart ID been lost or stolen? No need to panic. Losing your ID can be stressful, but replacing it is straightforward. Here’s a step-by-step guide to getting your Smart ID card reissued.

Complete a BI-9 Form
If you haven’t previously submitted your fingerprints, you need to fill out Form BI-9. This form is essential for identity verification.
Include any required documents, such as a marriage certificate if your surname has changed. Make sure all documents are up to date and certified.

Pay the Reissue Fee
A replacement costs R140. Ensure you keep the receipt as proof of payment.
Request a Temporary Identification Certificate (TIC)
If your ID card is lost, damaged, or stolen, report it to the police and then you can apply for a Temporary Identification Certificate. This certificate serves as interim proof of identity. Visit any Department of Home Affairs office. Officials will verify your fingerprints before issuing the TIC.

Correcting Errors in Your Smart ID
If your card contains mistakes, it can be corrected for free. You’ll need to provide proof, such as a birth certificate. Submit completed Forms BI-9 and BI-309 with the correct information. Include two colour ID photographs unless applying at a smartcard office, where photos are taken digitally.

First-Time Smart ID Applicants
First-time applicants must follow specific steps. South African citizens or permanent residents aged 16 or older must apply for a Smart ID.
Bring Form BI-9, completed in black ink, along with a certified copy of your birth certificate and two identical, colour ID photographs (for temporary IDs only).
Minors must be accompanied by a parent or guardian with a valid ID. Naturalised citizens need to include copies of their naturalisation or permanent residency certificates.

Applying Online
It is convenient to apply for a Smart ID online through eHome Affairs. Offices using the live capture system can issue cards. Before visiting, confirm with your local office if they have this system.

Stay Updated on Your Application
Stay updated on your application by including your cellphone number in your application for SMS updates. Alternatively, track your application by sending “ID” followed by your ID number to 32551. Each SMS costs R1.
Visit the Department of Home Affairs
Before visiting the Department of Home Affairs, confirm which services are available and if you need to bring your own photographs. Requirements may change without notice. For more detailed information, visit the Department of Home Affairs website.

Abridged vs. Unabridged Documents: Understanding the Difference for South African Immigration

As an USA Citizen living abroad, the concept of dual citizenship can be intriguing. Understanding the intricacies of US citizenship and the process of applying for dual citizenship is crucial for making informed decisions. This comprehensive guide delves into the details of dual citizenship, exploring eligibility, processes, advantages, and potential drawbacks.Understanding Dual CitizenshipDual citizenship refers to an individual holding two nationalities simultaneously. It entails possessing passports and enjoying the rights and responsibilities of both countries. The distinct nationality laws of each country shape the dynamics of dual citizenship.Processes of Obtaining Dual CitizenshipObtaining dual citizenship involves various processes, contingent on the specific regulations of the countries involved. Common pathways to dual citizenship include birthright, naturalization, marriage, and investment.USA Citizen Dual Citizenship: Protocols and ProceduresFor USA Citizens contemplating dual citizenship, it is essential to understand the protocols outlined by the US Citizenship and Immigration Services (USCIS). The United States allows dual citizenship, provided individuals adhere to specific procedures. Those over 18 seeking dual citizenship must first apply to retain their USA Citizen nationality.Can USA Citizens Have Dual Citizenship?Yes, USA Citizens can have dual citizenship. The United States allows its citizens to hold citizenship in another country concurrently. However, individuals should be aware of the legal implications and requirements of both countries involved.Benefits of South African Citizenship Obtaining South African citizenship offers numerous benefits that can enhance the quality of life and opportunities for USA Citizens living in South Africa. Key advantages include:Visa-Free Travel: South African citizens enjoy visa-free or visa-on-arrival access to numerous countries worldwide.Business Opportunities: South Africa is a hub for business and investment in Africa, offering opportunities in sectors such as finance, mining, tourism, and technology.Access to Healthcare: South African citizens have access to the country`s public healthcare system, which provides basic medical services.Family Reunification: Citizenship enables USA Citizens to sponsor family members for residency or citizenship in South Africa, facilitating family reunification. Education Benefits: South African citizens are eligible for subsidized education and scholarships offered by the government and private institutions.Political Rights and Participation: Citizenship grants USA Citizens the right to vote and participate in South Africa`s democratic processes.Social Integration: Citizenship fosters deeper integration into South African society, enabling USA Citizens to fully engage in local communities, cultural activities, and social initiatives.Timelines and Costs for Obtaining South African Citizenship The timeline for acquiring South African citizenship typically ranges from 2 to 5 years. The process involves obtaining permanent residency, which can take between 1 to 3 years, followed by applying for citizenship after 5 years of permanent residency.The costs associated with acquiring South African citizenship include:Application Fees: According to the South African Department of Home Affairs schedule of fees, these can range from approximately $36 to $127 USD.Legal Fees: Consulting an immigration consultant specializing in South African law can provide invaluable guidance, but costs vary based on the complexity of the case and the experience of the consultant.Documentary Requirements: Translation and authentication of vital documents can add to expenses.Travel Costs: Applicants may need to visit South Africa for interviews, biometric data submission, or other procedural requirements.Conclusion Navigating the realm of dual citizenship requires a thorough understanding of the legal processes, potential pitfalls, and benefits. As an USA Citizen seeking dual citizenship, meticulous consideration and compliance with the applicable laws will guide you toward making informed decisions for your unique circumstances.

Good news for Zimbabwean exemption permit holders in South Africa

The Department of Home Affairs has gazetted an official extension of existing Zimbabwean Exemption Permits (ZEPs) to November 2025.In the gazette, DHA minister Leon Schreiber said the extension had been granted to give him the time needed to address the Gauteng High Courts requirements.As such, existing ZEPs will remain valid for the next twelve months. No holder of a ZEP may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate, the department said.Further to this, a holder of an exemption certificate may be allowed to enter into or depart from the Republic of South Africa provided that they comply with all other requirements for entry into and departure.The gazette comes at the last minute, as countless holders of ZEPs faced uncertainty this week about whether they could stay in the country.Marisa Jacobs, Managing Director at Xpatweb, said that there are an estimated 178,000 ZEP-holders in South Africa who had found themselves between the devil and the deep blue sea after former minister of Home Affairs, Dr Aaron Motsoaledi, decided in 2022 to terminate the ZEP. Several court cases followed, and in June 2023, the High Court in Pretoria confirmed that the termination of the ZEP was indeed unlawful, and a subsequent appeal of the decision was refused by the Supreme Court of Appeal and the Constitutional Court.Without the latest extension, legal experts warned that ZEP-holders may have been at risk of being declared undesirable if they stayed in South Africa after the 29 November 2024 deadline passed.ZEP-holders are entitled to work, seek employment and conduct business in South Africa during the validity of the exemption permit. A holder of the exemption permit is allowed freedom of movement in and out of South Africa.On 29 August this year, new DHA minister Schreiber instituted a new rule to deliver the outcomes of visa waiver applications digitally via email to applicants. In the first phase of the rollout, the outcome of waiver applications for ZEPs will be sent digitally.Over time, this digital-first approach will be extended to other applicants in the visa and permit regime. Starting today with ZEP holders and later, all applicants will conveniently receive digital waiver letters, in PDF format, through email, the DHA said.By the end of August, the DHA had processed more than 60,000 outstanding ZEP waiver applications, many of which dated back to 2022.Jacobs noted that ZEP-holders who applied for a waiver to progress to a General Work visa and are awaiting the applications processing can proceed with their submission for a General Work visa as soon as the waiver has been processed. The new Points-based system does not apply in these instances.

R10k bribe backfires: Former Home Affairs official found guilty of permit fraud

The man was under an internal investigation by the department for irregular issuance and approval of permits.A former adjudicator in the permit section of the Department of Home Affairs (DHA) has been found guilty of corruption.Phanuel Mokomo appeared before the Pretoria Specialised Commercial Crimes Court on Wednesday, where the judgment was handed downThe conviction comes after Mokomo offered an internal investigator R10,000 bribe to stop him from conducting a prove into his corrupt activities.InvestigationsGauteng Hawks spokesperson, Colonel Katlego Mogale, said Mokomo was under an internal investigation by the department for irregular issuance and approval of permits.Mogale said after offering the bribe, the matter was brought to the Directorate for Priority Crime Investigation (DPCI), also known as the Hawks, in September 2018. An entrapment operation was authorised and executed in terms of Section 252A of the Criminal Procedure Act, 1977. The operation culminated in Mokomo being caught in the act of offering the R10,000 gratification to the internal investigator of the DHA. He was arrested and charged with corruption.After numerous court appearances, Mokomo was found guilty of corruption on 27 November 2024.Conviction Mogale said the case has been postponed to 18 February 2025 for sentencing.This conviction underscores the DPCs commitment to combating corruption, particularly in cases that threaten the integrity of public institutions such as the Department of Home Affairs.The successful entrapment and prosecution demonstrate the importance of inter-agency collaboration in holding public officials accountable, Mogale said.Mogale said the DPCI remains steadfast in its mission to root out corruption and ensure the integrity of public service delivery.Home affairs officials firedLast week, the Department of Home Affairs dismissed what it called 18 crooked officials, effective immediately, for a range of offences including fraud, corruption and sexual harassment.The department said a further four officials were issued with final written warnings  two of which carry a one and three months salary suspension, respectively.Home Affairs spokesperson Duwayne Esau said another two officials received written warnings.Esau said the dismissals and disciplinary action follow the conclusion of all mandated human resources and appeals by the department.