SIU raids five home affairs refugee centres across SA

Home Affairs Refugee Centres are being raided by the Special Investigation Unit (SIU) and the Hawks. (Alex Mitchley/News24)
•    The Special Investigating Unit has raided home affairs refugee centres around the country.
•    Home affairs officials' cellphones have been seized.
•    SIU boss, advocate Andy Mothibi, and Minister of Home Affairs Aaron Motsoaledi were present at the Pretoria raid.
The Special Investigating Unit (SIU) simultaneously raided all five of South Africa's refugee centres on Friday morning as part of a corruption probe.
It is understood that the unit is investigating corruption linked to the issuing of asylum and refugee papers to foreign nationals entering South Africa.
With the help of the Hawks, the SIU carried out the search-and-seizure operations in Gqeberha (Eastern Cape), Pretoria (Gauteng), Musina (Limpopo), Durban (KwaZulu-Natal) and Cape Town (Western Cape), which fall under the Department of Home Affairs.
News24 was present at the raid in Marabastad, Pretoria, where more than 60 home affairs officials were understood to have been identified as suspects in the investigation.
The SIU officials quickly moved into the building and entered offices to ensure that no evidence was destroyed.
Home affairs officials' cellphones were seized and no employees were allowed to leave the premises.
SIU boss, advocate Andy Mothibi, and Minister of Home Affairs Aaron Motsoaledi were also present.

Foreign companies leaving South Africa – and government is to blame


Foreign companies are leaving South Africa due to a hostile business environment, and the government’s response to recent departures discourages future investment.

This is according to Business Leadership South Africa CEO Busi Mavuso, who explained in her most recent newsletter that the more attractive a country is, the more often you can expect investment to be made than withdrawn.

“You can expect that foreign investors will come and go from South Africa, depending on many things, including global strategies and our links to the rest of the world,” she said. 

“But while decisions are inevitably going to happen both ways, the more attractive our country is, the more often you can expect investment to be made than withdrawn.”

She said it feels now that the withdrawal of investment from South Africa is dominating. Shell announced last week that it will exit its downstream business in South Africa, mostly its 600 petrol stations. 

Mavuso said this decision was made based on various factors, including Shell shifting away from downstream.

However, if South Africa had offered a predictable regulatory environment and stronger economic growth outlook, the decision could have been different. 

Shell’s decision came weeks after mining giant BHP announced it was interested in buying Anglo American, provided it first unbundles most of its South African assets.

Mavuso said these two instances make it clear that global giants have lost appetite. 

“People vote with their feet, capital has many addresses, and if we’re not going to make it easy to invest here, it is going to land somewhere else,” she warned.

Mavuso highlighted the political response to both companies’ decisions. She pointed to Mineral Resources and Energy Minister Gwede Mantashe, who last week threatened Shell over future exploration licenses for its upstream business.

The minister said South Africa “should be more reluctant” to grant permits and licenses to the company because of its decision. 

Mantashe also described BHP as “not positive” for South Africa and said he would vote against its bid for Anglo if he could.

“This kind of rhetoric is obviously going to be noticed in global boardrooms. It says the South African government is not one to respect the business decisions of companies,” Mavuso said. 

“While it may legally have little discretion to intervene on companies’ licenses and to block transactions, that doesn’t mean it doesn’t want to.” 

“Any company must pause and consider whether the legal position may change in the future, given that the government seems to be signalling that it is not so keen on companies acting in their own commercial interests.”

She explained the background reality is that South Africa’s mining and manufacturing sectors have been shrinking while services have been growing. 

While this has been true for the last 20 years and reflects global conditions and the rise of cheaper manufacturing bases, it is also due to the impact of policy uncertainty and the collapse of important economic infrastructure, particularly electricity supply and logistics. 

“If we want to attract companies that must make big long-term investments in fixed infrastructure, like miners and manufacturers, we must create an investor-friendly environment,” she explained. 

“Investors are aiming to maximise their returns, full stop. If we make clear that South Africa is a good place to be able to do that, companies will come.” 

However, she said South Africa has to instil confidence that the country is a business-friendly environment with a government that respects the commercial realities facing companies. 

“I can tell you that having a minister who loudly proclaims displeasure and threatens investors with consequences is only going to confirm what investors fear,” she warned. 

“The better approach is to signal regret but respect commercial decisions and redouble efforts to make South Africa attractive to investors so that next time the decision is different.”

Some have argued that foreign companies disinvesting from South Africa are not a major problem, as local investors or other foreign investors will step in. 

However, she said that is not true, as even domestic investors will keep their money on the sidelines if they perceive the potential returns to be low relative to the risks. 

Foreign investors are also important in bringing international expertise to South Africa’s economy, driving competition and ultimately improving the quality of service that end-consumers receive. 

“Thanks to our low domestic savings rate, there is simply too little domestic capital to be able to provide all the investment that the economy needs,” Mavuso said. “The fewer foreign investors that come, the poorer we are.”

Mavuso highlighted that some foreign companies do choose to invest in South Africa.

For example, Amazon Web Services last year committed to invest R30 billion in South Africa over the next 10 years, having already invested R15.6 billion and created 5,700 jobs. It is also building a R4.5 billion head office in Cape Town. 

“It does so in a welcoming environment that includes various incentives that support call centre employment, among other benefits for the company,” Mavuso said.

She explained that services companies are less exposed to the efficient working of ports, and many can create their own power sources given they are not particularly power intensive. 

“There is less regulatory risk, given it is hard to threaten services companies over licenses and other bureaucratic interventions on their businesses,” she said.


Dear Home Affairs: You’re impeding the Tshitukas’ Springbok selection!


Bureaucratic procedures and a whole lot of red tape are the only things standing between Vincent and Emmanuel Tshituka and potential call-ups to the Springboks squad this year.

To the average local sports fan, the Tshituka’s are just a set of brothers casually dominating rugby games for the Lions and Sharks, respectively.

But there’s way more to their story and in order for them to reach their potential on the rugby field, the South African government in general, and the Department of Home Affairs in particular, need to come to the party.

THE BACKSTORY

Vincent Tshituka was born in Kinshasa, the capital city of conflict-ridden Democratic Republic of the Congo, and two years later his brother Emmanuel came into this world.

But because the resource-rich country was — and still is — ravaged by a decades-long conflict which has led to the deaths and displacement of the majority of its indigenous people, the Tshituka family decided to make the arduous, and not to mention dangerous, 2825km trek from Kinshasa to Johannesburg in search of a better life in 2002.

Fast forward to 2024, and the Tshituka brothers have managed to not only integrate perfectly into South African life, but they have become two of the most recognisable and adorned sporting heroes in the country. And yet, after 22 years in South Africa, they still officially documented as Congolese refugees, despite numerous attempts to gain citizenship.

DEAR HOME AFFAIRS: LET THE TSHITUKA BROTHERS PLAY

The fight with the South African government has just taken on another dimension and a new meaning now that there is more on the line than just official citizenship.

Tshituka’s are playing some of the best rugby of their careers this season for the Sharks and Lions, respectively, and based on form alone, they could well have been in the conversation for Springbok selection had it not been for Home Affairs’ bureaucratic procedures.

And with Emmanuel set to leave the Lions and link-up with his brother at the Sharks later this year, the Durban-franchise has already indicated that will be anything in their power to help expedite the process in order to allow the duo to push for inclusion in Rassie Erasmus’ Springboks squad this year.

If by some miracle the Tshituka brothers are granted South African citizenship soon, they could well become the players the greatest storyline in Springbok history.

Dear Home Affairs, please let it happen.

Give the people what they want and rubber-stamp the Tshituka’s paperwork.



Simplified Smart ID Online Application: Your Guide to eHomeAffairs


Table of Contents

The South African Department of Home Affairs has introduced the eHomeAffairs portal, which is a significant advancement in streamlining the Smart ID online application process. This detailed guide delves into the user-friendly features of the platform, making Smart ID and passport applications convenient and accessible at just a click of a button.

What is eHomeAffairs?

In the era of digital convenience, accessing government services online has become indispensable. The South African Department of Home Affairs has innovatively responded to this trend by developing the eHomeAffairs platform. This system simplifies the Smart ID online application process, enabling South African citizens to handle their applications efficiently from their digital devices.

Services Offered

The eHomeAffairs portal offers several essential services:

  • Smart ID Online Application and Passport Applications: Users can easily submit their Smart ID and passport applications online without initially visiting a Home Affairs office.
  • Online Payments: The platform allows for secure online payments for the Smart ID online application.
  • Booking Appointments: the portal also enables users to book appointments for necessary biometric capturing at Home Affairs or bank offices.

Important Note

While the Smart ID online application process is primarily online, applicants must visit a Home Affairs branch or a Home Affairs-enabled bank office to capture biometric details like photos, fingerprints, and signatures. Finalizing your application at a Home Affairs office does not require an appointment, however banks require you to make an appointment.


Step-by-Step Guide to Using eHomeAffairs for Your Smart ID Online Application

Step 1: Register a Profile

Start your Smart ID online application by registering a profile on the portal. This involves filling out your personal details, creating a secure password, and answering security questions.

Step 2: Verify Your Phone

After registration, an OTP (One-Time Pin) will be sent via SMS to confirm your phone number, essential for secure logins.

Step 3: Log into Your Profile

Use the OTP received to log into your profile and begin the Smart ID online application.

Step 4: Fill Out the Application Form

Complete the application form for your Smart ID or passport. All mandatory fields must be accurately filled in.

Step 5: Submit the Application

After filling out the application form, review all the details and click “Submit” to proceed with your Smart ID online application.

Step 6: Upload Supporting Documents

Upload any necessary supporting documents as part of your Smart ID online application. Note that you must present these documents in their original form later.

Step 7: Online Payment

Input your banking details and follow the steps to authorize the payment through your bank, essential for completing the Smart ID online application.

Step 8: Schedule a Biometric Capturing Appointment

Although biometric details can be captured without an appointment at Home Affairs offices, appointments are required at bank offices.

Step 9: Print Your Confirmation Letter

After completing the Smart ID online application, print the confirmation letter, which is necessary for your visit to the Home Affairs or bank office.

What Do I Need to Start My Smart ID Online Application?

Starting a Smart ID online application is a straightforward process designed to be accessible to all South African citizens. However, to ensure a seamless experience, it’s essential to prepare and gather all necessary items before initiating the application process. Here’s what you will need:

1. Device with Internet Connectivity

You will need a reliable device, such as a computer, laptop, tablet, or smartphone, that can connect to the internet. Ensure that your device is secure and has the latest software updates to safeguard your personal information during the application process.

2. Internet Connection

A stable internet connection is crucial for accessing the eHomeAffairs portal and completing your Smart ID online application without interruptions. Consider using a secure Wi-Fi network rather than public Wi-Fi to ensure the security of your personal data.

3. South African ID Number

Your 13-digit South African ID number is essential for the Smart ID online application. This number is used to verify your identity and retrieve your records from the Department of Home Affairs database. Ensure you have your ID number ready before starting the application.

4. Valid Email Address

A valid and accessible email address is required to create your profile. This email will be used for all communications from the Department of Home Affairs regarding your Smart ID online application, including confirmation emails and notifications about the status of your application.

5. Cellphone Number Verification

After registering, you must verify your cellphone number to secure your eHomeAffairs account and ensure that you can receive important notifications via SMS. The verification process involves receiving a One-Time Pin (OTP) via SMS, which you will enter on the website to confirm your number.

6. Additional Information and Documents

Depending on your specific situation or the type of application, you may need to have other information or documents at hand, such as:

  • A digital photograph (if you are applying from a location where biometrics are not captured)
  • Payment information for the application fee
  • Additional identification documents, especially if your application involves changes in personal details or if you are applying on behalf of a minor.

Bank Branches Offering Smart IDs

Gauteng Home Affairs Bank Branches

  • Standard Bank Centurion: Cnr Lenchen and Old Johannesburg Rd, Centurion Lifestyle Centre, Centurion. Tel: 012 671 4042
  • Standard Bank Killarney Mall: Killarney Mall, Riviera Rd, Killarney, Johannesburg. Tel: 011 486 0002
  • Standard Bank Jubilee Mall: Shop no. 47 Jubilee Mall corner Jubilee and Harry Gwala Road, Temba, Hammanskraal. Tel: 011 351 7814
  • Standard Bank Simmonds Street: 5 Simmonds St, Selby, Johannesburg. Tel: 011 631 1624 / 011 639 4205
  • FNB Centurion Lifestyle Centre: Cnr Lenchen and Old Johannesburg Rd, Centurion Lifestyle Centre, Centurion. Tel: 066 460 0530 / 012 653 2661
  • FNB Glen Shopping Centre: Shop U2, The Glen Shopping Centre, Glenvista. Tel: 061 495 4441
  • FNB Lynwood: Shop L04 Upper-level Cnr Simon Vermooten & Lynnwood Rd, Equestria, Pretoria. Tel: 066 460 0130
  • FNB Merchant Place: 4 Merchant Place cnr Rivonia and Freedman Dr, Sandton. Tel: 066 290 3307
  • Nedbank Arcadia: Shop 25, Nedbank Plaza, Beatrix Street, Arcadia. Tel: 066 460 0122
  • Nedbank Constantia Kloof: 16 Constantia Boulevard, Constantia Kloof, Roodepoort. Tel: 011 639 4208
  • Nedbank Rivonia: 135 Rivonia Road, Sandown, Sandton. Tel: 066 290 3257
  • Absa Centurion Lifestyle Centre: Shop 36 cnr Lenchen and Old Johannesburg Road, Centurion Lifestyle Centre, Centurion. Tel: 066 460 0356
  • Absa Key West Krugersdorp: Shop 80 Key West Shopping Centre cnr Paardekraal Drive and Viljoen Street, Krugersdorp. Tel: 079 900 6457
  • Absa Sandton City: Cnr Rivonia Road and 5th Street, Sandton. Tel: 066 290 3314
  • Discovery Bank Head Office: 1 Discovery Place, cnr Rivonia Road and Katherine Street, Sandton. Tel: 0860 998 877
  • Investec Bank Sandown: 100 Grayston Dr, Sandown, Sandton. Tel: 011 286 7000

Limpopo Home Affairs Bank Branch

  • FNB Burgersfort: Shop 55, Twin City Complex, Dirk Winterbach Street, Burgersfort. Tel: 072 457 8619 / 013 216 0098

KwaZulu Natal Home Affairs Bank Branches

  • Standard Bank Kingsmead: 1 Kingsmead Way, Durban. Tel: 031 308 7900
  • FNB Cornubia: Shop U56, Cornubia Boulevard, Cnr N2 Highway & M41, Durban. Tel: 031 308 7900

Western Cape Home Affairs Bank Branches

  • Standard Bank Canal Walk: Shop 599, Upper Level, Canal Walk Shopping Center, Century Blvd, Century City. Tel: 021 529 8216
  • Standard Bank Mitchell’s Plain Promenade: Corner AZ Berman Road And Morgenster Road, Mitchell’s Plain. Tel: 0860 123 000
  • FNB Greenpoint: Shop 1 & 2, ERF 176300, Media Quarter, Somerset Road, Greenpoint. Tel: 087 345 6090
  • Nedbank St George’s Mall: Shop 3 The Box, St Georges Mall cnr Riebeeck Street. Tel: 0800 555 111

Eastern Cape Home Affairs Bank Branches

  • Standard Bank Newton Park: 1 Pickering St, Newton Park, Port Elizabeth. Tel: 041 404 8319
  • Absa Port Elizabeth: 682 Cnr. Bagshaw & Govan Mbeki Avenue, Port Elizabeth. Tel: 041 404 8319

Northern Cape Home Affairs Bank Branch

  • Standard Bank Kathu Mall: Shop 62, Village Walk Shopping Centre, Hendrik Van Eck Street, Kathu, Postmasburg. Tel: 053 723 9610

Mpumalanga Home Affairs Bank Branch

  • Nedbank Nelspruit: Shop 65, The Crossing Shopping Centre, corner Samora Machel and Madiba Drive, Nelspruit. Tel: 081 336 5941 (Note: This branch is temporarily closed.)

Frequently Asked Questions (FAQs)

Q: Who can use the eHomeAffairs platform to apply for a Smart ID?
A: The eHomeAffairs platform is available to all South African citizens by birth who need to apply for a Smart ID or passport. Minors can also have applications submitted on their behalf by their parents or legal guardians for passport applications.

Q: Can I apply for a passport using the portal?
A: Yes, in addition to the Smart ID online application, the eHomeAffairs portal also allows you to apply for a passport. The process is similar to applying for a Smart ID, including filling out an application form, uploading documents if necessary, and making a payment.

Q: Is it safe to make payments through the platform?
A: Yes, making payments through the eHomeAffairs platform is secure. The platform uses standard security protocols to ensure that your banking details are protected. However, remember that the payment itself must be authorized through your bank’s internet banking service.

Q: How do I know if my Smart ID online application was successful?
A: After submitting your Smart ID online application, you will receive a confirmation message on the eHomeAffairs portal and a confirmation email.

Q: What happens if I do not complete my biometric capturing?
A: Completing biometric capturing is a mandatory part of the Smart ID online application process. Failure to do so means your application will not be processed. You must visit a Home Affairs office or a Home Affairs-enabled bank office to capture your biometrics.

Q: Can I use eHomeAffairs to renew my Smart ID?
A: Yes, eHomeAffairs can be used to renew your Smart ID. The process is similar to applying for a new Smart ID, where you need to fill out the online application form, make a payment, and provide biometric data.

Q: How long does it take to receive a Smart ID after using the portal?
A: The processing time can vary, but typically, it takes about 10 to 14 working days from the date of application—provided that all biometric details have been captured and the application is complete.

Q: Where can I get help if I encounter issues with the portal?
A: If you encounter issues while using the eHomeAffairs portal, you can contact the Department of Home Affairs’ customer service center via phone or email. Detailed contact information is available on the eHomeAffairs website.

The eHomeAffairs platform is a testament to South Africa’s commitment to modernizing its governmental procedures, offering a streamlined, secure, and straightforward Smart ID online application process. By utilizing this guide, South African citizens can navigate eHomeAffairs effectively, making the most of the digital services at their disposal.

New deal for children with foreign parents born in South Africa

The Constitutional Court recently ruled that children born in South Africa to foreign parents qualify for South African citizenship in terms of Section 2 of the South African Citizenship Act. That is, if you were born in South Africa to foreign parents who have not been admitted as permanent residents, you qualify to apply for South African citizenship upon becoming a major if your birth was registered and if you have lived here all your life, irrespective of the date of your birth and you have not accepted the nationality of another country. The judgment also reduced the term for applying for citizenship by holders of permanent residence from 5 years to 10 years by declaring Regulation 3(2)(a) of the Citizenship Act Regulations unconstitutional.

This judgment settled a long-standing dispute between a Congolese couple, their minor child and the Department of Home Affairs. The Constitutional court judgment was an appeal from the Western Cape High Court Decision. The couple who were refugees renounced their Congolese citizenship in line with the advice they received from the Department of Home Affairs to qualify for South African citizenship. Unfortunately, their applications for South African citizenship were rejected on the basis that they did not comply with Regulation 3(2)(a) of the Citizenship Act Regulations.

Regulation 3(2)(a) sets a minimum period of 10 years ordinary residence prior to applying for citizenship whereas Section 5(1)(c) of the Act sets a minimum period of 5 years ordinary residence. The result was that the couple and their third child became Stateless. Being frustrated by their effort to sort out the issue with the Department of Home Affairs, the couple approached the High Court for a relief. The couple sought an order declaring Regulation 3(2)(a) invalid and unconstitutional. The Department of Home Affairs could not justify the difference in the minimum period of 5 years imposed in Section 5(1) of the Act and the 10 years imposed in Regulations 3(2)(a).  Regarding section 5(1), the High Court accepted that the section does create a minimum period, but it does not allow for an extension of that period nor does it create a maximum period. The High Court in Cape Town thus concluded that the Regulation could not amend the legislation and the 10 year period in Regulation 3(2)(a) was a patent error.

The court further held that the Department’s argument that the child could apply for citizenship when he reached the age of 18 years was not in accordance with the right of the child to a nationality as set out in section 28(1)(a) of the Constitution. Furthermore, the child ought to be placed in a position where he too can qualify for South African citizenship. Consequently, the High Court declared the reference to “10 years” in Regulation 3(2)(a) to have been ultra vires (beyond the legal power or authority) of section 5(1) of the Act and irrational, vague and inconsistent with the Constitution and therefore invalid.

The High Court suspended the declaration of invalidity pending the confirmation of its order by the Constitutional Court. However, the High Court refused to grant the substitution order on the couple’s application for citizenship stating that it was not in as good a position as the administrator at Home Affairs to make that decision. The couple therefore approached the Constitutional Court to confirm the declaration of constitutional invalidity. In the alternative, they applied for leave to appeal the suspension order directly to the Constitutional Court.

The Constitutional Court Stated that the rights of a child are adversely affected as the High Court declined to consider the child’s application for citizenship and held that his application was dependent on the outcome of his parents’ permanent residence applications. The Court further stated that any further delay in finalizing the matter will prejudice the applicants who remain stateless. The Constitutional Court Held that the High Court erred when it suspended the declaration of invalidity of Regulation 3(2)(a). There was no basis for the suspension order as the Constitutional Court does not need to confirm a declaration of invalidity relating to regulations. The Constitutional Court set aside the High Court judgment with regard to the suspension of the constitutional invalidity.

The effect of the judgment is that a child born to foreign parents qualifies for South African citizenship when the child turns 18 in terms of Section 2 of the Citizenship Act irrespective of when the child was born provided the child does not have the citizenship or nationality of any other country and his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act 51 of 1992). It should be noted that being the holder of a foreign passport is proof that that you are a citizen of that country and may deprive you from the opportunity to apply for South African citizenship. Foreigners can now also apply for citizenship after just five years of permanent residence.