‘When brothers fight to death a stranger inherits their father’s estate’

It is the Nigerian novelist and poet, Chinua Achebe, who opines this chilling Igbo adage that, “he is a fool who treats his brother worse than a stranger — because when brothers fight to death a stranger inherit their father’s estate — that a kinsman in trouble had to be saved, not blamed; anger against a brother was felt in the flesh, not in the bone — and that the White man is very clever — he came quietly and peaceably with his religion.

“We were amused at his foolishness and allowed him to stay. Now he has won our brothers, and our clan can no longer act like one. He has put a knife on the things that held us together and we have fallen apart.”

We have demonstrated to ourselves that we are a resilient people even though they have taken much from us, they couldn’t take our stories and our joy! Born of forebears who went through trials and tribulations, broken hearts and unfulfilled dreams but nevertheless, figured out what they are here for and planted in us the same seeds and are, therefore always here for us, stood for justice and dignity and a commitment to do what is right.

Our forebears did not allow society to write their story and it is their song that shifted the atmosphere and changed the world. For those our society has harmed in the past, we are one Family — a quarrelsome Family, one may say, for one has witnessed our quarrels, but when woe falls on us, it welds Family together and draws us closer together. To Family, one always presumes goodwill, an act of faith to a cause in which I and many Africans believe most fervently!

The movement has no lack of differences, disagreements and disputes, bristles with thorns as fiercely as the scrub of the Low Veld and is beset with tangles and thickets of bitter memories, hatred, prejudice, distrust and misunderstanding so densely that, at times, it is difficult to see the wood for the trees.

Because I and many more Africans believe in the greatness of Afrika’s destiny and collectively hold the unshakable faith in the future of the land and the people we dearly love, my blood tells me what I must do and I must obey it — that there is freedom still to be attained. We are all of one mind on that, should think of nothing else and until this account is settled, we must not weaken our will by other agendas like greed and conflicting prestige.

And that we shall enjoin our children that they must also take part with us in this, for a remembrance even for our posterity. Every country has a plan for Africa but Africa has no plan for herself. No White person calls himself Chinese, Arabian nor Indian even though he might be born there. It is only in Africa that they want to claim to be also African! No African is fighting with Chinese, Arabs, Indians and Europeans about their respective lands but only Africans feel compelled to explain themselves to all and sundry. We all thirst to feel part of something bigger!

With the greatest of humility and respect — tearfully but nonetheless joyfully, words are often not adequate to express my and Family’s gratitude to you and the Board of the Not Alone Foundation for graciously extending to me this truly remarkable, globally coveted and historic recognition. I am eternally grateful for this undeserved honour.

It is also most humbling, though befitting that such honour and celebration is on the grounds of the civil, social and human rights pioneer’s holy home — The most Reverend Dr Martin Luther King, Jr in the sacred cathedral of the International Chapel, Morehouse College, Atlanta, Georgia! Allow me to appreciate highly the virtues which ennoble your mission and souls, namely, love of justice, courage, dedication and professional conscience as well as recognise fully the immense services which you render to the world.

As the Psalmist 37:28 so eloquently reminds us that, “For Jehovah loves justice, And he will not abandon his loyal ones.”

I will be glad to think that this award might, albeit in a small way, become the means through which we restore Black excellence and normalise it as something we wake up to and go to sleep thinking of — of quickening amongst Africans a recognition of our common destiny and bond deeply rooted, which carries with it the obligations of unity in action, a common purpose and greater good — as a tribute of fellowship that “right through” the texture even of our quarrels, the golden thread still remains — that we are descended from the same trauma, pain and fire and speaking different languages.

But the peoples are kindred people and the languages are of one Family. In our political traditions, our national characteristics and our attitudes of mind, we have much to unite us. Our destiny to build up a United States of Africa with our own purpose, grace, continental vision, economic strategy and the Afro as the common currency, has never been clearer! Officially launched in 2021, the African Continental Free Trade Area (AfCFTA) creates a single market projected to grow to 1.7 billion people and $6.7 trillion in consumer and business spending by 2030.

This preferential trade agreement will increase international exports and intra-African trade, unlocking tremendous opportunities for local and global businesses to enter into and expand throughout new markets across the continent. Four sectors — automotive; agriculture and agro-processing; pharmaceuticals and transport and logistics — were identified by the AfCFTA as important areas of business due to their potential for meeting and exceeding local demand with local production.

And yet, Africa understands that, this is not even the tip of the iceberg of the potential offered by this continent. Indeed, on the big things of continental and national unity, we have always been united. It is only really the little things and sentimental issues that still, to some extent keep us apart. The birth pangs of a new nation that are appealing for a cessation of strife among brethren because we only have one another! Its real value will be in building our African Nationhood wherever we are, anywhere in the world.

Following the inauguration of President Donald Trump 2.0, the world is pondering the implications for growth, cooperation and security in Eastern Europe, the Middle East and North Africa. As the world continues to recover from economic shocks and navigates the changing geopolitical volatility, rapidly moving geoeconomics, digital transformation and societal shifts, uncertainty remains high!

As a revival of economic nationalism and industrial policy reshapes the world, governments are racing to shore up their readiness to attract investment and establish next-generation industrial hubs within their borders, with value chains simultaneously becoming more complex and regional. At a time of the hugely fragmented age and increasingly unipolar world where interconnected disruptions compound, such as the rapid emergence of new technologies, accelerating just energy transition, war for talent and the new needs of the workforce — leaders are left with less time and space to anticipate and to react than ever before, in their collective quest to, among others, find both new operating models and new ways to cooperate and collaborate across trade and capital; innovation and technology; climate and natural capital; health and wellness and peace and security, thereby, playing a vital role in driving long-term economic growth, creating jobs and sustaining living standards.

Organisations also need wholly new approaches to develop younger and much better equipped leaders that will better thrive in the uncertainty of the 21st century. Africans in the diaspora, have left undone those things that we ought to have done and have done those things that we ought not to have done. Foreign converses pour from our lips and borrowed ropes hang from our necks with the attendant disappearance of ethics and values from the public sphere. The process of globalisation seems to be one of the most far reaching and complex events of our time. It can be described as a primarily economic and technological process, although it inevitably implies social and cultural changes and raises urgent questions related to social justice and human dignity.

There is also a need to examine the ethical issues involved in the seismic shifts that have come with it. The changing patterns of our way of life need a critical reflection on our new moral responsibility for the achievement of a global greater good and common purpose. This point is better accentuated in Proverbs 11:25, that “the generous person will prosper. And whoever refreshes others will himself be refreshed.” “When we grow in our healing we come to learn and accept that life will always meet us where we most find our most authentic self. Our strength lies in our vulnerability and flexibility to ebb and flow with what life throws our way.” By forcing our collective mind to quieten down might just help us get closer to nature and to whatever is in our heart, to access the most amazing energy for us to feel grateful, proud, calm, self aware, interconnected and our heart crack wide open to the sense of ecstasy in the air! To both preserve and restore the original bones as a site of importance.

Considering urgent measures to keep alive the architecture; arts; festivals; oral literature; heritage; culture; mores; folklore and folkways; customs; cuisine; traditions; knowledge and language. To take a critical approach, not being afraid to fight with facts to birth a blend of cultural richness, simplicity, immense burden on our collective shoulders and outstanding quality of life and realise the opportunity to decide what will be history and heritage going forward. Together we are responsible for a globalisation of both solidarity and spirituality!

At a time that less than 7% of the global population have their own home, eat adequately, drink clean running water, have a mobile phone, have access to the internet, and have gone to college, needless to say that the world has, once again not kept its promises and commitments and has missed its own deadline! So it is that in September 2000, 189 countries committed themselves to the Millennium Development Goals that still represent a common and strong commitment to eradicate both poverty and injustice worldwide and were meant to have been realised by 2015! These goals can only be met if all countries concerned are purposeful, intentional, deliberate and immediately begin to take collective and coordinated action.

You see, the colonisation of Africa was driven by a combination of greed, strategic interests, economic exploitation, political, nationalistic ambitions, racial prejudices, religious and cultural motivations and technological advancements. During this time, an economic depression was occurring in Europe and powerful countries such as Germany, France and Great Britain, were losing money. The era began in the 15th century, when Portugal and Spain started establishing trade outposts and military bases outside of Europe.

Starting in the 1880s, in what became known as the “Scramble for Africa,” European countries raced to occupy the continent, seeking economic and strategic gains. Britain established control over many parts of Africa, including Sudan and much of the south. And recent archaeological work places the presence of Africans in Southern Africa from the Niger River Delta, as early as the 3rd century CE. The ancestors of the amaZulu nation migrated from west Africa into south-eastern Africa during the African peoples’ migrations from 2000 BC until the 15th century. This amaZulu nation expanded into a powerful kingdom, subdued surrounding nations and settled in the modern-day KwaZulu-Natal, South Africa.

With this, came the Slavery and Forced Labour Model brought by the Dutch and subsequently exported from the Western Cape to the Afrikaner Republics of the Orange Free State and the Zuid-Afrikaansche Republiek. The cornerstone of which was the intentional environmental degradation, economic underdevelopment, systemic racism with its attendant racial profiling and poor social infrastructure that then manifested in unequal access to healthcare, education and social justice. As forced labour continues to affect people worldwide, emerging datasets offer critical insights into its scope and impact.

South African apartheid was characterised by, among others, settler colonialism and the forced displacement of the indigenous population; the division of the colonised into different nations now demoted to mere “groups” with different rights, severe restrictions on movement and violent suppression of resistance. It caused a great deal of change and the vast majority of that change was meant to be not good for Africans as a group — hence the continued assassination of genuine, revolutionary and selfless African leaders like Kwame Nkrumah, Patrice Lumumba, Amilcar Cabral, Thomas Sankara, Samora Machel, Steve Bantu Biko and Chris Hani. For that reason, Africans, like other people around the world who found themselves under foreign rule, found ways to resist. Some few notable ones being, Makhanda/Makana/ Nxele, a traditional doctor who served as a top advisor to Chief Ndlambe, who initiated an assault on the then Grahamstown during the Frontier Wars, on 22 April 1819; Abushiri in the 1888 Maji-Maji Rebellion (Aufstand) defended Tanganyika in East Africa against the Germans who had taken over the best land, stole their cattle and then forced the indigenous population to work and grow cotton for export; Germany formally colonised South West Africa (GSWA), now Namibia, in 1884 and forced the Herero, the Nama, the Damara, the San and the Ovambo people into slavery in their own land; Chief Bambatha kaMancinza, leader of the Zondi clan of the amaZulu people, who lived in the Mpanza Valley, a district near Greytown, KwaZulu-Natal led the 1860 – 1906 Bambatha Rebellion, using the Nkandla Forest as a base, against British rule and forced taxation; Samori Ture of Mandika State who created the Wassoulou Empire in the 1895 Battle of Adwa against Europeans rushing to claim African colonies across the continent — in north-east Africa, the Italians saw an opportunity to conquer the vast, fertile territory of Ethiopia to use as a place to resettle poor, landless Italians; The 1952 – 1960 Mau Mau rebellion/Kenya Emergency, was a war in the British Kenya Colony that lasted 1920 – 1963 and the 1976 student uprising and general strikes that dramatically focused attention on the growing mass struggles against the apartheid state. These struggles took an increasingly anti-capitalist form and were supplemented by a slowly escalating guerilla war waged by the military wings in the main, of the then banned African National Congress (ANC), Pan Africanist Congress (PAC) and Azanian People’s Organisation.

I am a South African and the story of my country’s connection with the world takes us back far beyond the founding of the first White settlement by Netherland’s Jan van Riebeeck when, on that fateful day of the 6 April 1652, the first three ships landed in the Cape — the Drommedaris, the Reijger and the Goede Hoop! This was more than a hundred years before even the well-publicised voyage of Bartholomew Diaz!

There are two incontrovertible notions that never change, the first is that “facts you cannot deny and the second is that truth you can apply”! In September 1978, in the midst of the worst recession in the country’s history, a new South African prime minister PW Botha came into office, claiming that the state confronted a “total onslaught”. Since becoming free on the 27 April 1994, it is fair to attest that “the great problem for South Africa is rampant greed …. is essentially a problem for the once glorious African National Congress that has morphed into an organised crime syndicate, primarily because for a solid 30 years of our democracy, they held the absolute majority power in everything that matters”.

Since then, South Africa has become the only African country that became free from colonialism, that failed to substantially increase the education level of its people, dramatically increase the ownership of the economy by the indigenous population to, at least double digits, and the very first to hand over power back to its colonisers and oppressors after only 30 years in absolute power! The ANC chose to be in a coalition government with the Democratic Alliance (DA), a party that has no demonstrable track record of cooperating with anyone, that disagrees with, among others, Broad-Based Black Economic Empowerment (B-BBEE), Universal, Equitable and Quality Access to healthcare (NHI) and the BELA Act — purportedly due to primarily language and admission policy.

This is the party that believes that the legacy of colonialism was not only negative, that the ANC cannot bring a functional democracy to South Africa and is, therefore committed to the fact that “the ANC has to come apart” for it to accomplish its own liberal mission. This was laid bare for all to witness during the proposed 2% VAT increase in the budget. Even though the “Government of National Unity” has made some progress in formerly moribund and inefficient departments (Basic Education, Public Works and Home Affairs) now being run by DA ministers other than inappropriately deployed ANC cadres and is dominated by the DA and its record is one of mostly failures, the Budget 2025 has demonstrated that, not only is this the very first to be voted on three times in 115 years that South Africa has existed as unitary state, but that it is the the DA that precipitated this crisis with its brinkmanship and clumsy attempts at being the opposition inside government by, among others, to score political points by blackmailing the ANC! It attempted to extract concessions on matters (Basic Education Laws Amendment Act, Land Expropriation Without Compensation Act and National Health Insurance Act) totally unrelated to the Budget. The very seed of life is now running the risk of rotting in the soil!

Nonetheless, we remain hopeful that the forces of social justice, transformation and democracy will prevail, precisely because we all thirst to feel part of something bigger. This is a universal moral law written on the human heart and sets out clearly the ultimate vocation of each person to help humanity gain a sharper insight into its full destiny — so that it can fashion the world more to humanity’s surpassing dignity, search for a sisterhood/brotherhood which is universal and more deeply rooted and meet the urgencies of our age with a gallant and unified effort born of love!

Human dignity of the “human person as a whole” is a unique and sacred value that is present in each individual without exception. All people are equal in dignity but unfortunately, in reality, many risk losing this dignity when faced with inhumane living conditions. Humane globalisation needs to ensure that all human beings can live a life in dignity and can participate fully to attain a globalisation of solidarity and spirituality. Each person is a unique part of the totality of creation and of the mosaic that is the human family. Each person is further related to other persons and bonded to each other and one another as the human community. Interpersonal relationships therefore, cannot be expressed in material and measurable ways — we must measure what genuinely matters. It is these relationships which make a person more humane.

This is underscored by the need for more open intercultural engagement and deep, meaningful and respectful dialogue. This presupposes the ability for deep introspection, self reflection and self correction based on hindsight, insight and foresight that no culture, nor tradition, nor religion, has an exclusive claim on ownership of the total and only truth! Only then can we constructively and collectively search together for the best insights and ways to take the right decision and DO the right thing with regard to universal basic values. And to bring together our collective strengths to attain the greater good and the common purpose which surpasses all narrow economic, cultural, social, political and religious interests — bonds strengthened and alliances forged.

Of the 1.2 million students enrolled at South Africa’s 21 public universities and universities of technology in 2024, some 76.4% of these students are African — representing 5.5% of Africans aged 18 to 29 years, while 11.4% are White; 6.5% are Coloured and 5.7% are Indian/Asian. University places accommodate fewer than 50% of those completing matric with a certificate which makes them eligible for further study. Our graduation rates are very low, averaging only 17% across higher education institutions and 14.5% at PhD level. According to Statistics South Africa’s (StatsSA) Quarterly Labour Force Survey, the unemployment rate, using the narrow definition, for university graduates between the ages of 15 and 34 was an astounding 33.6% in the first quarter of 2023. This suggests that about one in three of these age group’s university graduates are having trouble finding work. The face of unemployment according to the 2022 National Human Development report is young, Black females as women continue to shoulder a disproportionate burden of unemployment, underemployment and lower workforce participation compared to men.

We have struggled for years with low economic growth and high unemployment. The official unemployment rate was 33.5% in April-June of 2024. During that period, the unemployment rate was 37.6% among Black South Africans and 7.9% among White South Africans, according to StatsSA. The higher education system is still developing its understanding of both graduate and post graduate unemployment. Even though social partners — business, labour, government, professional associations and civil society — have worked together to make some progress, there is still much more that needs to be done to close the skills gap that graduates and post-graduates face in the job market. To further improve graduate employability and lower unemployment rates, institutions of higher learning can develop curricula in conjunction with business as continued dedication and creativity are required by all social partners. We will make great strides toward improving the conditions that enable graduates to enter the labour market and contribute to the socioeconomic growth of their country if we all collaborate and work internationally, diligently and cooperatively.

I am absolutely privileged to be a part, albeit it small, of an entire education ecosystem that seeks to reassert the role of the university as the leading radical institution in social, economic and intellectual development to, among others, create an inclusive academic excellence and national relevance; develop a social justice approach to higher education, where universities propel democratic engagement; advocate for contextual academic freedom — the university’s only birthright — which nurtures success of the higher education system through assessments of different perspectives; conceptualise ethical frameworks that will guide societal engagement and governance; promote public ownership of higher education institutions, where the public recognise their role as both beneficiaries and stakeholders in the accomplishments of universities and advocate for the financial sustainability of universities and for the development of long term sustainable models of student funding.

We must leverage the right synergies among intellectual credibility, innovative curricula and a good mix of globalisation; dedication to quality, contribute to the creation, sharing and evaluation of knowledge in the pursuit of academic scholarship and intellectual inquiry in all fields of human understanding, through rigorous research, learning and teaching; facilitate the imaginative acquisition of knowledge that acts as powerful bridges between knowledge system and the cultural, social, political and economic spheres and use community engagement as tools to contribute to society like in courageous implementation of an employability strategy — consisting largely of organisations and official institutions which are active in the care, welfare and service sectors and operate on the basis of mostly state subsidies and state regulation — situated somewhere between the individual citizen and the state and have to deal both with politics and with the economy — promoting citizens active participation and contributing to humanity – managing the tension between self interest and the general interest — values driven and acting ethically to realise collective goals that meet the basic needs of many.

It bears emphasis that values obtain their specific meaning only against the background of a well defined and articulated view of humanity, which consciously or subconsciously colours the way one looks at human actions and human dignity — a view that puts emphasis on the notion of “person in community” — that which is human and desirable in all its dimensions and relations to achieve the best that is humanely possible — a complete human being!

Only through sustained ethical reflection on one’s own functioning both as a collective and as an individual in society, both as an organisation and as a responsible individual within an organisation, can one prevent the exertion of power from only being directed at the strengthening of one’s own position. It is seldom the case that only something good is brought. Mostly the choice is between a lesser evil and a greater evil. So universities that seek to take a critical look at the way they function can do this, for example, by asking themselves four exploratory questions, namely, what is the national economic strategy; what is the target group; what goals does the university wish to achieve and what means should be employed to realise these goals. It is a commitment to ourselves. Ultimately answering to whom one is finally accountable because safety and quality are the truth the same way that humanity (is not a given) like hate is a choice!

In south africa what is indefinite refugee status and how does it allow one to get permanent residence

Indefinite refugee status in South Africa is a designation granted to individuals who have been recognized as refugees and can demonstrate that they are unable to return to their country of origin due to ongoing threats to their safety or other compelling reasons. This status is crucial for refugees who have lived in South Africa for an extended period, as it provides a pathway to permanent residence.

Certification as an Indefinite Refugee
To obtain certification as an indefinite refugee, individuals must meet specific requirements:
1. Continuous Refugee Status: Applicants must prove that they have been recognized as refugees for at least ten consecutive years. This is typically evidenced by a valid refugee status document, known as a Section 24 permit
• Application Process: Individuals must submit a completed application form (BI 1754) to the Standing Committee for Refugee Affairs (SCRA). This application should detail the reasons why the individual cannot return to their home country and must include supporting documents such as passports, proof of refugee status, and any relevant family documentation
.
• No Fees: The application process for certification as an indefinite refugee is free of charge

Pathway to Permanent Residence
Once an individual is certified as an indefinite refugee, they can apply for permanent residence in South Africa. The key steps include:
1. Eligibility: After receiving the indefinite refugee certification, individuals can apply for permanent residence through the Department of Home Affairs. It is crucial that they maintain their refugee status and comply with all legal requirements during this period
• Application Submission: The application for permanent residence must be submitted through the appropriate channels, typically involving the offices of VFS Global, which facilitates the processing of such applications
• .
• Duration of Stay: Refugees can apply for permanent residence after ten years of continuous residence in South Africa as recognized refugees. However, there may be provisions for applying after five years in certain circumstances

In summary, indefinite refugee status serves as a critical step for refugees in South Africa, allowing them to secure their residency status and eventually transition to permanent residence, thereby providing stability and security in their lives.
How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

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Sa Migration Visas
https://g.page/SAMigration?gm

I have been given papers banning me from the country. I have 30 days to respond. How and where do I submit an appeal ?

The short answer
The answers to your questions are far from clear and we recommend contacting an organisation like Lawyers for Human Rights

The whole question
I am served with papers under section 29 and required to submit written representation within 30 days. Where do I submit the appeal? And to which email address? Will I be required to leave the country or can I wait until I get a decision on the written representation?
My children are three years old and SA citizens.

The long answer
Thank you for your email asking where your appeal against Section 29 must be submitted, and whether you can stay in the country until your appeal is decided.
The most common reasons for which a person can be banned from entering South Africa under Section 29 are that they had been previously deported, or had been found with a fraudulent visa, permit, passport or identity document. You need to submit a written application to the Director-General of Home Affairs (DG) asking that your prohibited status be waived (overturned) and giving reasons for this.

The DG will take into consideration the reasons for the Section 29 papers being issued, the seriousness of the offence, and your personal circumstances – such as having two three year-old children who are South African citizens.

From the Home Affairs website, it was not clear which of the following email addresses was the correct one for appeals, so it’s safer to copy both of them:
The answer to the question of whether you can stay in the country pending the outcome of your appeal is far from clear:

On the one hand, it would seem that under the Refugees Act, you cannot be arrested and deported until you have exhausted the appeal process; but on the other hand, if your visa expires before you get the answer, you may very well be in danger of being arrested. Also, given that Home Affairs is very slow and dysfunctional, you may have to wait a long time

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I am illegal and want to regularise my status. What do I need to do?

If you are unlawfully present (i.e., "illegal") in South Africa and wish to regularize your status, the process is complex and requires careful planning. South Africa’s immigration laws, governed by the Immigration Act 13 of 2002 and its regulations, are strict, and overstaying or entering illegally can result in severe penalties, including deportation, bans, or being declared a "prohibited person". Below is a detailed, step-by-step guide to navigating this situation:

1. Understand Your Current Legal Status

• What Makes You "Illegal"?

o Overstaying your visa (e.g., visitor, work, or study visa).

o Entering the country without a valid visa (if required for your nationality).

o Violating visa conditions (e.g., working on a tourist visa).

• Risks of Being Illegal:

o Arrest, detention, or deportation.

o A re-entry ban (1–5 years) under Section 30 of the Immigration Act.

o Difficulty applying for future visas.

2. Immediate Steps to Take

a. Do Not Ignore the Situation

• The longer you overstay, the harsher the penalties. Act promptly to avoid criminal charges or bans.

b. Consult an Immigration Practitioner

• A Immigration Practitioner can:

o Assess your eligibility for regularization.

o Advise on risks (e.g., deportation if you approach Home Affairs unprepared).

o Represent you in dealings with the Department of Home Affairs (DHA).

3. Pathways to Regularize Your Status

There is no general amnesty in South Africa for undocumented individuals, but you may explore the following options:

Option 1: Voluntary Departure

If you cannot regularize your status in South Africa, leave voluntarily to avoid harsh penalties.

• Process:

1. Depart South Africa before being detected as illegal.

2. Apply for a new visa from your home country (e.g., visitor, work, or study visa).

• Advantages:

o Avoids a re-entry ban (unless you overstayed by more than 30 days).

o Preserves future visa eligibility.

• Disadvantages:

o Requires starting the visa process from scratch.

Option 2: Apply for a Visa or Permit

If you qualify for a visa/permit, you may apply to regularize your status without leaving South Africa, but strict conditions apply.

Submit a good cause at Immigration Inspectorate with reasons why you became illegal

a. Apply for a Visa/Permit in Good Cause

• Eligible Categories:

o Spousal/Partner Visa: If married to a South African citizen/permanent resident.

o Work Visa: If you have a formal job offer and the employer complies with labor laws.

o Study Visa: If enrolled at a registered institution.

o Business Visa: If investing R5 million in a South African business.

o Relative’s Visa: If dependent on a South African citizen/permanent resident.

• Requirements:

o Passport valid for 30+ days after visa expiry.

o Police clearance (from South Africa and home country).

o Proof of financial means.

o Medical and radiology reports.

• Key Challenge:

o Home Affairs may refuse to process your application if you are already illegal.

If you overstayed due to exceptional circumstances (e.g., medical emergency,), request a waiver to bypass penalties.

• Submit:

o A letter explaining your reasons for overstaying.

o Supporting evidence (e.g., hospital records, flight cancellation proof).

• Outcome:

o If approved, you can apply for a visa without leaving South Africa.

o If denied, you must depart and face potential bans.

Option 3: Asylum/Refugee Status

If fleeing persecution, apply for asylum at a Refugee Reception Office (e.g., in Pretoria or Cape Town).

• Process:

1. Submit an asylum application (Form RAD-1).

2. Attend an interview with the Refugee Status Determination Officer.

• Advantages:

o Legal stay while your application is processed.

o Access to a refugee ID and work permit.

• Risks:

o Asylum is not a pathway to permanent residence unless approved as a refugee.

o Fraudulent claims lead to deportation and bans.

Option 4: Ministerial Intervention

In rare cases, the Minister of Home Affairs may grant discretionary relief for:

• Humanitarian reasons (e.g., critical medical treatment for a child).

• Compelling economic contributions (e.g., investors creating jobs).

• Process: Submit a formal request via an immigration lawyer.

4. Risks of Applying In-Country

• Arrest and Deportation:

Approaching Home Affairs without legal advice could result in detention.

• Section 32 Notice:

If arrested, you may receive a notice to depart within 14 days (voluntary deportation).

• Prohibited Person Status:

Overstaying by 30+ days triggers an automatic 12-month re-entry ban.

5. Step-by-Step Process to Regularize

1. Consult a Lawyer: Assess your options and risks.

2. Gather Documents:

o Passport, police clearances, proof of relationship/employment, etc.

3. Choose a Pathway: Apply for a visa, waiver, or asylum.

4. Submit Application: of good cause

o Via VFS Global (for visas) or a Refugee Reception Office (for asylum).

5. Await Outcome:

o Visa processing can take 6–12+ months due to DHA delays.

6. Comply with Conditions:

o If approved, adhere to visa terms to avoid future issues.

6. Critical Considerations

• Avoid Fraud: Misrepresentation (e.g., fake marriages or documents) results in a 5-year ban.

• Stay Informed: Immigration policies change frequently

• Beware of Scams: Only use licensed immigration practitioners (check with the South African Council for Legal Practitioners).

8. What If You Are Detained?

• Contact your lawyer or embassy immediately.

• Request a deportation hearing to argue for voluntary departure.

• Apply for bail if detained longer than 48 hours.

9. Final Advice

• Act Quickly: Delays worsen penalties.

• Prioritize Voluntary Departure if no viable regularization pathway exists.

• Keep Records: Save all application receipts, correspondence, and legal advice.

Regularizing your status in South Africa is challenging but not impossible. Success depends on your eligibility, adherence to the law, and professional guidance. Always consult a registered immigration attorney to navigate this high-stakes process safely.

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Good news for people who could not get smart ID cards

Over 1.4 million naturalised citizens and permanent residents in South Africa will be able to apply for smart ID cards from Monday, 12 May 2025.

That is according to recent feedback from Home Affairs minister Leon Schreiber to Sunday newspaper Rapport.

Schreiber told the publication that the department had fixed an IT system issue that prevented most of these individuals from getting the card since it launched in 2012.

To date, only a handful of naturalised citizens who sought special permission from the Home Affairs director-general have been able to obtain the card.

The vast majority of the country’s 800,000 naturalised citizens and 700,000 permanent residents have not been allowed to apply for the more modern identity document.

Schreiber described the fix as the department’s biggest milestone since it started revamping its IT systems a few months ago.

In addition to no longer treating these individuals as second-class citizens, the minister said the system fix would enhance national security.

The minister also said that the achievement would bring the department closer to scrapping the green ID book, which was initially planned to happen several years ago.

The document has become a major target for modification and forgery due to its outdated security.

The DHA has eagerly encouraged people to get a smart ID card to better protect themselves against fraudsters and has given vague warnings about invalidating the ID book.

All the while, permanent residents and naturalised citizens have had no choice but to stick to their ID books.

In recent years, many have complained to MyBroadband about their inability to obtain a smart ID card despite being permanent residents or naturalised citizens for decades.

These included a high-profile and successful businessman who has been working in the South African music industry for more than 50 years.

If these individuals’ ID books were stolen or lost, they were forced to reapply for a green ID book at a dwindling number of Home Affairs branches that still offered the old document.

Plan to offer smart ID cards via banking apps

From Monday, naturalised citizens and permanent residents will also be able to use the eHomeAffairs facility to get their smart ID cards.

This system allows people to apply and pay for their cards online. Thereafter, they must provide biometric verification and collect their card at special Home Affairs kiosks in one of 30 bank branches.

The department aims to expand this service to 100 new branches by March 2026 and 1,000 by March 2028.

However, it also wants to eliminate the requirement for in-person biometric verification and allow applicants to verify their identities via their banking apps in the future.

According to Schreiber, integrating Home Affairs services into the branches was a “logical precursor” to delivering the same services online and via mobile apps.

This forms part of the department’s broader digitalisation strategy, which seeks to make it possible for people to access more of its services from the comfort of their homes.

To support these improvements, the DHA recently announced the rollout of a comprehensive upgrade of its digital verification system used by public and private entities.

This system, which verifies people’s identities through fingerprints and facial recognition against the National Population Register, has been plagued by inefficiencies.

The department said that before the upgrade, users reported failure rates on the system of up to 50% and that it routinely took up to 24 hours for the system to respond.

“When responses did arrive, they were often so littered with errors that they required a cumbersome process of manual verification,” the department said.

“Thanks to the diligent and focused work on this problem by the Department over the past few months, these errors are now set to become a thing of the past.”

“Testing has confirmed that the upgraded system is not only capable of dramatically faster performance, but that it now delivers an error rate of well below 1%.”