Long wait to annul fake marriage

An administration error has put Elsie Mgwenya's life on pause, struggling to annul a fake marriage with a foreigner.
Imagine having to put your life on hold due to an administration error…
That’s exactly what has happened to Elsie Mgwenya, a 47-year-old mother of three from Marite in Bushbuckridge, Mpumalanga.
She is trying to get to the bottom of a fake marriage to a foreigner.
She blames the department of home affairs for the mistake and is desperate for the fake marriage to be annulled.
Mgwenya is unable to get married or obtain a birth certificate for her son and she fears her fiancé, who she’s been with for more than 20 years, could give up on her.
What’s scary is that this is not an isolated case. SA Human Rights Commission provincial manager Eric Mokonyama said: “These cases are rife in Mpumalanga and violate women and their children’s rights as they seriously impact negatively on their lives and children’s access to socioeconomic rights such as government grants.
“The commission is calling on the department of home affairs to resolve the cases speedily and hold implicated officials accountable.”
Home affairs are looking into the matter, with The Citizen’s help. But all Mgwenya can do is wait

‘Money talks' - Corruption crackdown targets refugee centres and Home Affairs

Legitimate asylum seekers are being sidelined in favour of these people who are able to pay massive bribes.'
A crackdown on corruption in refugee centers countrywide is underway, as the Special Investigating Unit (SIU) and the Directorate of Priority Crimes Investigations (Hawks), conducted raids on several home affairs offices.
It was a crackdown not only on illegal immigrants, but also on those facilitating them being illegally, Ayesha Kajee, political analyst and research fellow at Afrasid, said.
This was specifically pointing a finger at home affairs, which itself had commissioned this investigation after the proclamation issued by the president, she said.
“We have a responsibility to admit refugees and to protect and give them the appropriate status, but because of a large degree of corruption, many people who do apply for that status do not qualify. There is a level of criminality both within home affairs and among syndicates operating in collusion with the department,” Kajee said.
“Legitimate asylum seekers are being sidelined in favour of these people who are able to pay massive bribes. And some of them are criminals. The country has been trying to eradicate criminality at home affairs since state capture,” she added.
Home affairs officials exposed
SIU said it was alleged home affairs officials were delaying the finalisation of refugee permits to “facilitate bogus asylum seekers”.
SIU head Advocate Andy Mothibi alluded to the system’s loopholes, but said the department had done a lot in closing those.
“We would like to see the process redefined. We would like to see checks and balances in the process. We would like to see those who are involved in putting control measures in place so that we stop this from happening again,” he said.
Ngqabutho Mabhena, executive director at African Diaspora Forum, said corruption at the department of home affairs meant deserving refugees were now pushed to the end of the line.
“People who bribe their way don’t necessarily need protection. At times these are people who did not run away from their countries for persecution, they use asylum documents for other things,” he said.
“If someone comes to our country seeking protection, they are at the risk of being arrested or sent back because they don’t have money,” Mabena said.
SIU raids took place in Gauteng, Limpopo, Eastern Cape, Western Cape and KwaZulu-Natal. Kaizer Kganyago, SIU spokesperson, said the action followed a tip-off from a whistle-blower.
Bribes
Information from the whistle-blower suggested home affairs officials worked with syndicates to duplicate application status files applied for in other offices and process them for a fee.
Officials also allegedly bypass immigration systems to enable foreign nationals who have entered the country illegally to remain and acquire permits illegally.
An asylum seeker admitted applicants had to bribe officials to get documents. He said they have to pay from R4 000 to “get noticed”.
“Even if you can have all the proper documentation needed and follow process, you will wait forever to get attended to. Money speaks at home affairs. Money gets you in front or else you suffer,” he said.
Home Affairs Minister Aaron Motsoaledi said corruption was committed by officials with foreign nationals “who don’t deserve to be in SA but have a lot of money to bribe”.
ActionSA said it had taken the government too long to finally see that “South Africa, and its appallingly porous borders, has an immigration crisis”.
“Refugee centres are the epicentre of fraud and corruption, and we hope the full weight of the criminal justice system will work tirelessly in bringing to book those found to have acted fraudulently,” the party said.



Whistleblowers played key role in starting corruption probe at home affairs refugee centres

•    The Special Investigating Unit raided home affairs refugee centres around the country.
•    The search and seizure operation forms part of a probe into allegations of corruption linked to the issuing of asylum and refugee papers to foreign nationals entering South Africa.
•    Head of the unit, advocate Andy Mothibi, said information from whistleblowers played a key role in getting the probe off the ground.
It was thanks to information from whistleblowers that the Special Investigating Unit (SIU) obtained warrants for Friday morning's nationwide search and seizure operation at home affairs refugee centres.
The SIU simultaneously raided all five home affairs refugee centres on Friday morning as part of a corruption probe linked to the issuing of asylum and refugee papers to foreign nationals entering South Africa.
News24 was present at the large refugee centre in Marabastad, Pretoria, where more than 60 home affairs officials were understood to have been identified as suspects in the investigation.
After the warrant was served, SIU officials quickly moved into the building and entered offices to ensure that no evidence was destroyed or removed.
Home affairs officials were also not allowed to leave their offices, as documents, work computers, and personal cellphones were seized.
SIU officials carefully documented the property seized before they were packaged and taken out of the centre.
This process was emulated at the other four refugee centres in Gqeberha (Eastern Cape), Musina (Limpopo), Durban (KwaZulu-Natal), and Cape Town (Western Cape).
The Head of the SIU, Andy Mothibi, said investigators would now extract all the data from the devices and analyse the evidence to determine which officials were implicated in wrongdoing.
"We are here to secure evidence, which we are aware where to find, and then we can deal with those who are involved and implicated," Mothibi said.
He said it was believed that officials involved in corruption included junior staff, right up to senior management staff.
He said:
That' s how seemingly endemic it is.
He added that once the evidence was analysed, they would proceed with consequence management, including referrals of criminal conduct to the National Prosecuting Authority.
The SIU has also increased its resources in their forensic digital investigation team to deal with the data seized.
Whistleblowers
Mothibi said the whistleblowers played a crucial role in the corruption probe at the refugee centres.
He also assured the public that the SIU was doing all it could to keep the whistleblowers safe and added that it would continue to ensure that measures were put in place to ensure their continued safety.
Minister of Home Affairs Aaron Motsoaledi, who was also present at the raid in Pretoria, spoke about meeting with a whistleblower, which led him to approach the SIU and say that the probe at the refugee centres should be a priority.
The whistleblower also met with Mothibi.
It was whistleblower testimony that also helped the SIU secure warrants for the search and seizure operations.
In February, News24 reported that President Cyril Ramaphosa signed a proclamation authorising a probe into allegations of serious maladministration and corruption spanning 20 years which relate to the issuing of permits and visas.



Home Affairs minister ordered to pay refugee R300 000 following unlawful arrest

• In June 2017, a refugee went to a Department of Home Affairs office to apply for the re-issue of his refugee papers that had been stolen during a robbery.
• Instead of getting help, Ntahompagaze Abdul was arrested by Home Affairs officials on a charge of being an illegal immigrant and detained for 13 days.
• The Gauteng High Court in Pretoria has ordered that the minister of Home Affairs pay R300 000 to the refugee for the unlawful arrest and detainment.
The Gauteng High Court in Pretoria has ordered the minister of Home Affairs to pay R300 000 to a refugee who was unlawfully arrested at one of the department`s offices after he tried to apply for a re-issue of his refugee papers that had been stolen.
On 7 June 2017, Ntahompagaze Abdul was arrested on a charge of being an illegal immigrant after he went to the Department of Home Affairs (DHA) officers in Marabastad, Pretoria, to apply for his refugee documents - which he had lost during a robbery three days earlier.
According to a judgment handed down earlier in May, Abdul was arrested by members of the DHA. After that, he was handed over to members of the SA Police Service at the Pretoria Central Police Station, where he was detained for 13 days.
On 20 June 2017, Abdul was released when it was discovered that he had been mistakenly arrested, Judge Elizabeth Kubushi said.
`As a result of such arrest and detention, the plaintiff [Abdul] is said to have suffered an infringement of his right to physical and psychological integrity and physical liberty,` Kubushi said.
`The plaintiff has, consequently, instituted action for unlawful arrest and detention against the minister of home affairs and the minister of police. The matter is defended.`
The matter was initially set down for trial in May 2020, where it was partially settled.
`Among others, the following was by agreement between the parties made an order of court, namely, that (a) the defendant [minister of home affairs] concedes liability in respect of the plaintiff`s 100% proven or agreed damages; (b) the claim against the minister of police is withdrawn; and (c) the quantum is postponed sine die [with no appointed date for resumption].`
Kubushi said Abdul was claiming R13 000 for loss of income and general damages of R400 000, which was later increased to R600 000.
`During oral argument, the plaintiff`s counsel included a further claim for future medical expenses and related expenses in respect of the treatment of depression and anxiety.`
Post-traumatic stress disorder
As part of the matter, Abdul submitted medical reports by psychiatrists and psychologists, which spoke about his mental state following the arrest and detention.
Two specialist psychiatrists who independently examined Abdul agreed that, due to his arrest and subsequent incidents, he suffers from major depressive disorder and post-traumatic stress disorder (PTSD).
`The psychiatrists agree that the plaintiff requires psychiatric treatment and management. They also agree that the plaintiff suffered trauma physically, emotionally and economically, but does not require protection on psychiatric grounds.`
Two clinical psychologists said Abdul`s unlawful arrest and incarceration had left him with a range of physical, emotional and psychological difficulties directly occasioned by the trauma of his experience in custody.
General damages
Kubushi said from the medical reports, it could be determined that, during his detention, Abdul could not make a phone call to inform anyone that he was incarcerated, which made him anxious.
He also could not make a phone call to get his medication brought to him.
The reports said:
During the time he could not take his medication, he developed rashes on certain parts of the body.
Abdul further told the experts that he was locked up with other inmates in a dirty, smelly holding cell with only one open toilet wherein when any person wanted to relieve themselves, they would have to do it in full view of others.
The minister of Home Affairs` counsel contended that Abdul was held at a police station and that prison would have been worse.
It was also argued that Abdul`s PTSD, anxiety disorder and major depressive disorder could not solely be a result of his arrest and detention because he is from a country that experienced war in the past, which caused his parents to flee to South Africa.
Based on case law and the facts before the court, Kubushi said the R600 000 claimed by Abdul as compensation for general damages was excessive.
`A fair, reasonable and appropriate amount to compensate the plaintiff in the circumstances of this matter is R300 000,` Kubushi said.
The court dismissed Abdul`s claim for loss of income as a hairstylist.
Meanwhile, the claim for future medical expenses and related expenses was postponed as Abdul`s legal team asked for a postponement to amend its application for such a claim.

Visa refusal spike stalls Turkish tour companies, says sector rep

The increasing rejection rate for Schengen visa applications from Turkish citizens has brought the operations of tour companies to a grinding halt, according to a prominent industry representative.
`As of 2024, even being able to apply for a visa is a success... We don`t know exactly what percentage of those who requested a visa were able to make an appointment,` said Association of Turkish Travel Agencies (TÜRSAB) head Firuz Bağlıkaya.

Bağlıkaya lamented the challenges faced by tour operators as the rejection rate for Turkish visa applications nearly doubled in recent years. His concerns were underscored by newly released statistics from the European Commission, revealing that the rejection rate for Turkish visa applications surged from 9.7 percent in 2019 to 16.1 percent in 2023.

One of the issues highlighted by Bağlıkaya is the refusal of visa intermediary institutions to accept applications from travel agencies involved in international tour sales. Consequently, this has effectively brought the business of tour operators to a standstill, significantly impacting their ability to organize tours abroad, he said.

`Not granting a visa may be the country`s own policy, but not being able to even apply for a visa really creates a big problem,` Bağlıkaya stated.

`What was once touted as a security and quota issue has now turned into a humanitarian problem. People are being denied the freedom to travel.`

Meanwhile, appointments for U.S. visa applications for first-time applicants could be deferred until October 2025, posing additional hurdles for Turkish travelers seeking alternative destinations.