The Human Rights Commission has come out to defend Immigrants yet again. We know that these are the organization that are always against government when they deal with the issue of illegal foreigners in the country.

They are saying that every person who is in South Africa has the right to receive healthcare services regardless of their status in the country. Illegal foreigners, refugees and asylum seekers and everyone else as long as they are in South Africa, they have the rights to get healthcare services.
The statement by the Human Rights Commission comes after videos have been circulating on social media, where it shows people being turned away because it's believed they do not have documentation. There is another video that also shows a clinic that have fewer patients and it is believed that this is all because illegal foreigners are not allowed to access healthcare.

The SAHRC says that people should not take the law into their own hands and make it difficult for others to access healthcare because of their nationality. It is only home affairs that can be able to check the status of individuals in the country being assisted by the South Africa police. Any other person does not have any authority to do such.

For South Africans to be able to deal with this matter effectively, they need a political party that has a will to amend the Constitution when it comes to this matter. The Constitution is the reason that foreign nationals keep on winning cases against the governmnet in the country, and they will continue to win cases as long as the Constitution still says that South Africa belongs to all those who lives in it.

The Critical Skills Visa South Africa is for skilled workers whose occupation is on the Critical Skills Visa List for South Africa. This list reflects the occupations that are in demand in South Africa.

The newly published "Skills or qualifications determined to be critical for the Republic of South Africa in relation to an application for a Critical Skills Visa or Permanent Residence Visa"

This category of work visa may be issued to an applicant who falls within a specific professional category or specific occupational class determined by the Minister by notice in the Government Gazette. This is done after consultation with the Minister of Labour and the Minister of Trade and Industry.

If an applicant falls within one of the professional categories listed on the critical skills list and also has the appropriate post qualification working experience in that profession then such applicant may qualify to apply for this category of work Visa.

The applicant also needs to where applicable register with the relevant South African professional accreditation body regulating that industry as stipulated by Minister of Home Affairs. Such body must also confirm the applicant’s skills, qualifications and working experience.

Furthermore, such applicant’s qualifications need to be evaluated relevant to a South African level. An applicant for a Critical Skills Visa may enter South Africa on such visa without having secured a job offer first. It is, however, required of the applicant to confirm employment with the Department of Home Affairs within a period of one (1) year upon arrival in South Africa, failing which, the Visa would automatically lapse.

The Critical Skills Work Visa is tied to an individual and not to an employer so under this Visa a person can leave from one employer to the next without obtaining a new work Visa.
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General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

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Introduction to Legal Principles
Refugee law exists to provide long-term solutions for people forced to flee their home countries due to war, persecution, or other dangers. In South Africa, the Refugees Act, 130 of 1998, outlines the legal framework for granting asylum and permanent residence to refugees. According to this law:
• Asylum Seekers: If someone flees their country due to persecution and has no valid travel documents, they must apply for an asylum seeker permit at a Refugee Reception Office (RRO).
• Refugee Status: If granted, the person receives a Section 24 permit (Refugee Permit), valid for two years and renewable.
• Permanent Residence: Section 27(c) of the Act provides that refugees can apply for permanent residence after five years of continuous stay in South Africa on a refugee permit but must first obtain a certificate from the Standing Committee for Refugee Affairs (SCRA) confirming that they will remain refugees indefinitely.

The interpretation of “indefinitely” has become a major obstacle, as authorities now view it as meaning “forever” rather than “for an unknown period.” This strict interpretation makes it extremely difficult for refugees to meet the requirement for permanent residence.

Alternative Legal Pathways
1. Constitutional Challenges
• Refugees can challenge the constitutionality of the “indefinitely” requirement.
• They may argue that the interpretation is unreasonable and violates their rights under the South African Constitution.

2. Applying Through the Immigration Act
• Temporary Residence Permits: Refugees may apply for a temporary residence permit under the Immigration Act if they meet certain criteria (e.g., possessing a scarce skill).
• Permanent Residence Through the Immigration Act: Refugees can apply for permanent residence under this Act without needing the SCRA certificate.
• Retention of Refugee Status: While applying under the Immigration Act, refugees retain their refugee status and associated rights.

Case Law and Legal Precedents
Ruta v Minister of Home Affairs (2019)
• Key Issue: Whether the Refugees Act or the Immigration Act applies when a person expresses an intent to seek asylum.
• Court Ruling: The Constitutional Court ruled that the Refugees Act takes precedence over the Immigration Act in such cases. The ruling ensures that asylum seekers cannot be deported before their asylum claims are processed.

Ashebo v Minister of Home Affairs (2023)
• Key Issue: Whether expressing intent to seek asylum automatically protects a person from detention or deportation.
• Court Ruling: The Constitutional Court ruled that asylum seekers must show “good cause” for entering illegally or delaying their asylum applications before avoiding detention.

Lembore v Minister of Home Affairs (2024)
• Key Issue: Whether detention under the Immigration Act is lawful while an asylum application is pending.
• Court Ruling: The court confirmed that a person may remain detained unless they can justify their illegal entry or delayed asylum claim.

Conclusion
South Africa’s refugee and immigration laws aim to balance national security with human rights obligations. However, the SCRA’s interpretation of “indefinitely” creates unnecessary barriers for refugees seeking permanent residence.
The Immigration Act provides an alternative path for skilled refugees, but legal challenges persist. Recent court cases have shaped how immigration and refugee laws are applied, reinforcing judicial oversight and fair treatment. As South Africa adapts its policies, it must find ways to uphold its commitments to protecting vulnerable populations while maintaining its sovereignty.

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Contact SA Migration today to schedule a free consultation. With 25 years of experience and full compliance with the Department of Home Affairs, Labour, SAPS, and Courts, we’re here to ensure your success.
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As part of plans to address cross-border crime, various law enforcement agencies are heading towards the Kosi border that separates South Africa and Mozambique.
DURBAN - The KwaZulu-Natal provincial government is taking its fight against undocumented foreign nationals to the Kosi Bay border gate on Friday.
Authorities want to curb the crime scourge reported on the border line in northern KZN.

This includes the influx of undocumented foreign nationals crossing into the country illegally, among other criminal elements.
As part of plans to address cross-border crime, various law enforcement agencies are heading towards the Kosi border that separates South Africa and Mozambique.
The operation is focused on foreign nationals who pay bribes for illegal access into South Africa, and travellers without proper documentation.
Among the criminal activities reported at this border post are vehicle theft and the smuggling of illicit goods.
KwaZulu-Natal Premier Thamsanqa Ntuli previously said that this criminal pattern dented the economy.
"We need to protect our economy, we need to protect our people."

He has indicated plans to have them deported.
"We have a serious problem now, as I’ve said, that almost all police cells are full. There is not enough space to keep these arrested undocumented foreign nationals."

The South African Police Service (SAPS), the army, Customs and border management officers form part of Friday’s operation.