The Department of Home Affairs has approached the United Nations Human Rights Council (UNHRC) to help it clear the 150 000 refugee status appeals backlog, according to Director of Asylum Seekers, Mandla Madumisa.

Madumisa was speaking at the South African Human Rights Commission (SAHRC) on recently, GroundUp reports.

The SAHRC subpoenaed Acting Home Affairs Director-General, Thulani Mavuso, to address complaints that the department takes an inordinately long time to process asylum applications and permanent residence permits.

SAHRC chairperson Bongani Majola, said his institution had struggled to engage with Home Affairs for the past year so a subpoena was necessary.

Majola said: “Home Affairs is a central structure that affects so many people’s lives.”

A working relationship should be established between the commission and Home Affairs so that individual cases could be dealt with efficiently, he said.

Progress

Majola asked Home Affairs representatives if any progress had been made on the backlog of refugee appeals.

Madumisa said a consultant from UNHRC was appointed and started in May. The consultant would assess the situation at Home Affairs and would come up with a comprehensive plan to deal with the backlog.

“By the end of July the department will receive that report and we will have a clear way forward on how we will deal with the backlog,” he said.

Mavuso said Home Affairs also struggled with the verification of information when it came to spousal visa applications. He said the turnaround time for the department is currently eight months but he said it was looking into extending it to 18 months.

“Eight months becomes a challenge because an adjudicator cannot touch an application before the inspector can put a stamp on the verification of information including supporting documents,” he said.

He said this meant that the inspectors would need to do various interviews and confirm that the information presented to Home Affairs is verified.

“You have cases where people submit police clearance documents but the documents have been totally manipulated… so because of the constraints on the ground of the inspectors, we will have to ensure that the [turn around] period increases,” he told the panel.

Mavuso said the turnaround time depended on whether the information provided was easily verified.

SAHRC commissioner Angie Makwetla asked Mavuso whether Home Affairs kept the applicants informed on the status of their application “because a person can’t wait from 2016 to 2018 and not know what is happening”.

Jackie McKay, Deputy Director General of Immigration, responded: “We would love to do that. In fact any good department would do that. But I have 22 people who deal with all of these cases… I’m working my staff to the bone.”

He said Home Affairs did not have systems in place that could automate those updates but he said it was currently working on a system that would make it more efficient.

 

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The Department of Home Affairs has published its first directive for 2019, aiming to clamp down on foreigners working in the country on ‘business trip’ visas.

According to Marisa Jacobs, director at Xpatweb, the directive clarifies that Section 11(2) visas are not to be used continuously and are specifically to allow for ‘short term project resources in South Africa’.

“The issuing of this directive indicates a common misuse of the visa category by employers where they are making use of the relaxed nature of visa requirements of this category to bring resources into South Africa and then continuously extending or applying for new visas when they should, in fact, be pursuing a long term work visa,” she said.

“The directive now sets out clearly that the visa may only be applied for once in a calendar year and only extended once for a period not exceeding three months. The maximum period is thus six months.”

Misrepresentation

According to Jacobs, there is a broad misrepresentation by business travelers – especially those travelling from visa exempt countries – who enter South Africa on a holiday/business visa while in fact conducting work in South Africa.

“When an employee comes to render employment services in South Africa, make sure they get a valid short-term work visa,” she said.

“Do not take a chance and tell the immigration official this is only a business trip, when the purpose is work.

“It is easy to be compliant and not worth the risk. The process takes 5 – 10 working days and the short-term visa is issued for three months and may be extended in South Africa for a further three months.”

Consequences of working on a Business Visa

Where an expatriate is found on your premises conducting work without the necessary authorization on their visa to conduct such work, the Immigration Act clearly sets out the implications for both the expatriate and the employer, said Jacobs.

This includes arrest and deportation for the foreign national and a fine and/or arrest for the employer depending on the offence, she said.

“The issuing of the above directive points to a more vigilant Department with their eye on individuals and businesses who do not comply with the conditions of their visas.

“This is a good time to ensure all employees are compliant and your organisation is in the green.”

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.

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South African President Cyril Ramaphosa has announced the 28 individuals who have been chosen to form the country’s new cabinet. The President said he had reduced the Cabinet from 36 to 28 as part of his plans to reconfigure the state.

Mergers, Gender, and Age

Some departments have been merged such as Trade and Industry, which was combined with Economic Development; Higher Education and Training combined with Science and Technology; Environmental Affairs combined with Forestry and Fisheries; Agriculture combined with Land Reform and Rural Development, and Mineral Resources combined with Energy. Human Settlements has been combined with Water and Sanitation while Sports and Recreation combined with Arts and Culture.

Ramaphosa said that half of the ministers are women (making good on his promise of a balance of men and women in the new cabinet), and that there are now a number of young people in cabinet positions. Ramaphosa said his appointment of young people was part of his fulfilment of his commitment to give young people roles of responsibility. “This is part of a generational transition in which we are creating a pipeline of leaders to take our country further into the future,” he said.

The African National Congress Women’s League (ANCWL) is pleased that half of the president’s new Cabinet are women. ANCWL’s general secretary Meokgo Matuba said: “As disciplined as we’re, we still have further consultation and engage with those who are deployed various spheres of government to get to align our role in dealing with socio-economic challenges that we’re faced with as a country.”

Ramaphosa’s announcement follows weeks of speculation about who would be included and who will be left out from the previous cabinet. He has also faced tough pressure to appoint a scandal-free cabinet which does not include individuals who have been tainted by allegations of corruption.

Notably, Deputy President David Mabuza has retained his position, after initially delaying his being sworn in as an MP so as to report to the ANC’s Integrity Commission on matters concerning his conduct. Mabuza supported Ramaphosa in his initial bid for the Presidency in 2017.

Nkosazana Dlamini-Zuma was appointed to the portfolio of Cooperative Governance and Traditional Affairs. She competed with Ramaphosa for ANC leadership in 2017.

Pravin Gordhan has been retained as Minister of Public Enterprises. The move came despite the fact that Gordhan has still not been legally “cleared” by the court after Public Protector Busisiwe Mkhwebane’s adverse finding against him last week. Gordhan has lodged an application for a court review of the protector’s report, but there has been no decision yet. Ramaphosa’s move may indicate confidence in Gordhan, and a rejection of Mkhwebane’s assessments.

Office Holders

The office holders can be seen in the table below.

Surprise Appointment

Interestingly, GOOD party leader Patricia de Lille has been appointed a Minister in the ANC’s new cabinet. After a protracted debate with the DA in the Western Cape, former Cape Town Mayor de Lille formed the GOOD party not long before the 2019 general election, and won seats in both the National Assembly and the Western Cape Provincial Parliament.

de Lille has pledged to “continue the struggle for dignity and fairness for all South Africans”. In a short statement after her appointment on Wednesday night, the GOOD party leader said she was humbled to have received the call from president Cyril Ramaphosa to serve in his Cabinet.

She said her new post would enable her to continue fighting for an accountable and compassionate government. “On President Ramaphosa’s election to the Presidency last week I pledged GOOD’s constructive support for turning South Africa around.

“This support we will wholeheartedly give, but I will be joining President Ramaphosa’s executive with open eyes and ears as a representative of good South Africans of integrity who love their country and demand better of their leaders,” said de Lille.

Responses

The reappointment of finance minister Tito Mboweni and minister of public enterprises Pravin Gordhan has been positively received by the market, with Ramaphosa also ditching controversial figures such as Nomvula Mokonyane and Bathabile Dlamini.

Democratic Alliance (DA) Leader Mmusi Maimane said that there was very little to inspire in the line-up. “This is a Cabinet that looks the same actors playing to the same script, they’ve just been reshuffled along the deck and our focus now is to refine our plan, a plan that will bring us jobs”.

Economic Freedom Fighters leader Julius Malema is not impressed with President Cyril Ramaphosa’s cabinet for a number of reasons, including stating that it is still too large. Malema said, “There was no way [The President] was going to reduce cabinet because he wants to balance factions. He must appease everyone so that there is no war declared against him”. Malema was referring to the notion that factions within the ANC aligned with former President Jacob Zuma, including those in Parliament and those at Luthuli House, as well as organizations that the ANC consults on such decisions (which include the South African Communist Party and trade union COSATU) all have their own agendas and attempt to influence the President.

The Inkatha Freedom Party (IFP)’s response was lukewarm. Member of Parliament and spokesperson Mkhuleko Hlengwa said that the only real surprise inclusion in the new Cabinet was the inclusion of De Lille. “It’s safe to say the only surprise is Patricia de Lille, for the president to get an opposition member into the Cabinet,” Hlengwa said.

Promises from the President

At his inauguration on Saturday, Ramaphosa admitted that the journey ahead was not easy. He faces expectations for a clean-up of corruption which has engulfed a number of government departments and crucially state-owned enterprises.

“In recent times, our people have watched as some of those in whom they had invested their trust have surrendered to the temptation of power and riches. They have seen some of the very institutions of our democracy eroded and resources squandered. The challenges that we face are real. But they are not insurmountable,” Ramaphosa said.

The President also faces the tough battle of dealing with social economic issues that have plagued the country including rising unemployment and an under-performing economy. There is also the issue of a lack or poor service delivery in many parts of the country.

In his announcement on Wednesday, Ramaphosa said revitalising the economy is key while also ensuring that the public purse is kept in check. He said a reconfigured State is a process and journey and that combining the various departments was part of the process.

Ministerial Benefits

Ministers are slated to earn R2,401,633, while Deputy Ministers are expected to cost taxpayers R1,977,795 each in the 2018/19 financial year. Deputy President David Mabuza is set to earn R2,825,470. For comparison, a normal member of the National Assembly (MP) will earn R1,106,940, while the leader of a minority party will earn R1,309,563.

Had the cabinet been kept the same (at 72 members, with 36 ministers and 34 deputies) the total cost – excluding the President – would have come to R156.5 million. The reduced cabinet will save the country R19.2 million during the financial year.

AfricaCheck reports that some of the major perks include private cars, official vehicles, accommodation, travel expenses, and other expenses.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2], [3], [4], [5], [6], [7], [8], [9]. Image sources: [1], [2].

Abland and Tiber – joint developers of the Sandton Gate precinct – say they are on track to complete the first phase of the city’s new mixed-use development.

Construction on the project kicked off in June 2018, with six phases of development planned in total. The first phase is expected to be complete by the end of 2019, with the residential component ready by the fourth quarter of 2020.

The first phase includes 15,500 square metres of commercial space, 13,000 square metres of premium-grade office space and a 2,500 square metre Planet Fitness positioned on the piazza level of the building.

Confirmed tenants, who include Mimecast, will call Sandton Gate home as of 1 November 2019, the developers said.

“Due to the high demand following the launch of phase one, we aim to break ground for phase two in 2020,” the developers said. “We’ve redesigned phase two to include more retail offerings that will include a grocery store and pharmacy as anchor tenants, as well as a hotel and a holistic medical offering.”

Other amenities will include restaurants, coffee shops, salons and other convenience stores.

The residential component of the precinct – which will comprise 137 units of two and three bedroom penthouses – has launched and infrastructural work and the bulk earthworks have started.

With the completion of residential first phase envisaged for Q4 2020, the developers are aiming to hit their pre-sale target by August this year which means construction of top structure will commence Q4 2019.

Jurgens Prinsloo, MD at Abland said that the project won’t ignore road upgrades, due to the size of the project.

“Abland undertook extensive traffic impact assessments to get an idea of the traffic impact once the project is complete. As part of the infrastructural advancements, a new intersection on William Nicol between Mattie and Sandton Drive is currently underway.

Prinsloo said that there will also be an introduction of additional lanes to ensure seamless access to the precinct and decrease potential congestion around the area.

“Ultimately, there are seven substantial upgrades that we’re doing ranging from the Peter Place intersection, Republic intersection, Mattie intersection, Sandton Drive and William Nicol,” he said.

Render of what some of the new buildings are planned to look like upon completion.

 

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Sources: [1], [2]. Image sources: [1], [2].