The South African Supreme Court of Appeal recently threw out the department’s defense of its actions, describing them as ‘unconscionable … deliberately obstructive and dilatory’.

Delays and wrongful rejections by certain officials in SA’s home affairs department are resulting in unnecessary court cases that waste resources and cost the country millions.

As specialists in helping foreign clients to secure the necessary visas and permits to live and work in SA, De Saude Attorneys has seen more than its fair share of court appearances. Frustratingly, most of these should not be necessary at all.

Most court cases stem from the wrongful refusal of applications or delays in processing applications, which can push back outcomes for years. Appeals against wrongful refusal can take years more to process, leaving applicants without status in the interim and driving them to court.

These lawsuits are costly for everyone concerned since home affairs must allocate its already stretched resources to go to court. The cost per case can run into hundreds of thousands of rand, and with home affairs defending a reported average of 50 cases per week, the total costs to the state are staggering.

Challenging this situation, De Saude Attorneys and Visa One went to the Western Cape High Court and Supreme Court of Appeal earlier this year, arguing that “the department has, for years now, failed at a structural level to determine applications made to it in any reasonable or lawful time period, including … 473 applications the applicants now bring before this court”.

We noted that even simple applications to the department can take years to be resolved, if they are resolved at all. We therefore sought to compel the department to comply with its obligations in terms of the constitution and applicable legislation.

Describing the department’s stance on litigation as “deliberately obstructive and dilatory”, the Supreme Court of Appeal said its approach was “unconscionable, especially coming from a state department”. The department’s appeal against the high court finding in favor of De Saude and Visa One was dismissed with costs.

September 19, 2017. Pinetown Home Affairs . Picture: THULI DLAMINI

While this was a noteworthy victory, the challenge will remain as long as the department continues to operate in such a way that litigation becomes the only way for applicants to get a fair hearing.

The principles of “batho pele” (people first) require government officials to be polite, open and transparent and deliver good service to the public, and there are many dedicated home affairs officials who take this to heart. Unfortunately, some adopt an obstructionist attitude and do not appear to focus on public service, or indeed the country’s economic development.

According to recent procedures implemented by VFS on instruction of home affairs, foreigners may not file more than two appeal applications (regardless of whether the first two refusals are wrong) and may not file any appeal application later than the 10 working days provided (regardless of the reasons for the late filing). In practice, this still means that if an applicant has received two refusals — even if these refusals were incorrect through no fault of their own — they have no further avenue for appeal.

Normally, if circumstances beyond the applicant’s control have precluded them from filing their application within the 10 days allowed, condonation for late filing would be requested and would be granted where such good cause could be proved.

For example, where an applicant has fallen seriously ill during the preparation of his appeal application or lapsed into a coma immediately upon taking receipt of the negative decision against him, they cannot reasonably be expected to personally submit an appeal application within the 10 days allowed for such submission. But the department’s new policy could mean refusal, even when good cause can be proved.

The applicant against whom a wrongful decision has been taken twice is left with no recourse but to approach the court to have the matter lawfully adjudicated, and the department’s own position appears to be that these applicants should approach a court for assistance. This appears to encourage litigation and will no doubt result in an additional onslaught of court cases involving the department, to the severe detriment of all parties involved.

An already overwhelmed, understaffed and underfunded department should not invite legal action against itself in this manner, particularly when this could be easily avoided by allowing the adjudicator to exercise his or her authority to grant condonation on a case-by-case basis.

 

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

Various ward councillors and officials in the Randburg area held a site visit at the Randburg Department of Home Affairs on 8 April.

There they met with the management of the department to discuss the current state of the facilities.

In the past year, ward councillors worked hard to improve the parking area for visitors to the department. “There is still no proper waiting area for those who are coming to apply for their IDs, birth and marriage certificates,” said Ward 104 councillor Mike Wood.

Constituency Head Kate Lorimer said, “This particular home affairs covers a vast area of Johannesburg. We are all aware of how low the morale of the staff members are at the Randburg Home Affairs, and it tends to provide an unhappy experience for those coming to apply for various documents. There is an important project that needs to be undertaken by the government to upgrade this very busy Home Affairs.”

Wood continued, “In ward 104, I and my fellow ward 102 councillor David Potter are working hard to get this facility sorted out. Home Affairs have been in the press lately for all the wrong reasons, and this one is a prime example. The toilets and the kitchens are in a diabolical state, and the Department of Home Affairs needs to step up to the plate. The working conditions for staff leave a lot to be desired.”

Wood stated that the main aim of the visit was to see how facilities could be upgraded for both staff and visitors to make sure that the experience of coming to home affairs is a pleasant one for all.

Wood also said that there is a budget to improve both the Roodepoort and Randburg departments, but nothing has come to fruition as of yet.

“We need to start with improving the basics, for instance, waiting areas and abolition facilities. The services themselves are good, so good in fact that more and more people from the surrounding areas are making use of this home affairs and not ones closer to them,” Wood added.

During the meeting with home affairs officials, any plans to upgrade the facilities would take place during this financial year.

“Unfortunately, as ward councillors in this regard, we don’t have the power to physically handle the matter ourselves, and all we can do is push the Department of Home Affairs itself to take action.”

Member of the Provincial Legislature in Gauteng Makashule Gana added, “Another important issue to raise is the fact there are over 3 500 identity documents waiting to be collected. With huge elections just around the corner, we urge the community to collect their IDs to make sure they can vote on voting day.”

 

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

With the development of the commercial aviation industry, non-stop flights have become longer — no one could have imagined back in the 1950s that the journey from the UK to Australia which was made of nine layovers would become a 17-hour direct flight. As an expat, you are probably travelling more often than the average person; it’s therefore important for your mental and physical well being to know how to manage discomfort during eight, ten, or seventeen hours of flying.

Reserve a seat that meets your needs

What is a good seat for you, isn’t necessary for your co-passenger. If you are the type of flyer who falls asleep before the takeoff and wakes up just before landing, definitely secure a window seat. Not only you won’t be disturbed by walking-down-the-aisle-passengers and crew members, but also you won’t make those sitting next to you feel uncomfortable for having to wake you up every time they need to use the lavatory. Exit seats offer some extra leg room, but you must be physically able and willing to perform emergency actions, as well as not accompanying children under the age of 15.

Wear comfortable clothes

Don’t make long-haul flights more tiring than what they already are by squeezing yourself in tight jeans or wearing synthetic materials which don’t let your skin breath. The ideal traveller’s outfit has layers to help you manage the changes in temperature throughout the journey, and is composed of wrinkle-resistant items. For example, wear trousers that stretch, a t-shirt, and a cardigan, and choose comfortable footwear — remember feet usually swell during air travel due to inactivity.

Pack your carry-on smartly

Unless you are travelling business or first-class, every inch of your limited space in the economy class is vital for your comfort. Thus, it’s crucial to use the space under the seat in front of you to stretch your legs rather than keep your handbag. To achieve this practicality, you should limit the amount of stuff you bring on board, and store, all except the necessary, in the overhead bin. Keep in the pocket in front of you your book, headphones, neck pillow, and a toilet kit. The rest, such as your laptop, scarf, or notebook, you can reach out for when needed — it’s a good opportunity also to stretch your legs.

Stay hydrated

The cabin air is cool and dry, and the humidity levels are between ten to 20% — lower than in the Sahara desert. However, the average human body is used to higher numbers of humidity (30 to 60%). To reduce the symptoms of dehydration and jet lag (e.g. fatigue, headaches, nausea), and to make up for the water your body loses during the flight, you should drink about a plastic airline cup of water for every flying hour. If you cannot resist the in-flight alcohol, keep in mind that alcoholic beverages don’t count towards dehydration; quite the contrary.

Be kind to cabin crew

Generally speaking, being kind to people who serve you is a principle. However, when you are at 30,000 feet altitude, you have some extra reasons to bring your best self to the plane. The more the flight attendants positively notice you, the better service you will get during the flight — yes, the extra blanket and snacks will feel like a much-needed luxury after the seventh hour of flying. So, put on your big smile, leave your stresses outside the cabin, and let the people in charge help you enjoy your flight.

Get some sleep

Sleeping is probably the best way to pass the time on a long-haul flight. However, the limited space, the noise, and often the nerves can make it difficult for you. To create a more comfortable space, recline your seat back after you have given the person behind you a heads up, slip off your shoes, and wrap yourself with the blanket to stay warm and cosy. Use your traveller’s accessories (neck pillow, sleep mask, earplugs or earphones) for extra comfort.

Move around

Getting into the habit of moving regularly during the flight is essential to help your blood flow, and prevent from the unpleasant symptoms of deep vein thrombosis (DVT), which is blood clots in the legs. Toilet breaks are an excellent opportunity also to stretch your legs, as long as you choose to use the most inaccessible lavatory which demands a longer walk down the aisle. Also, there are basic stretching exercises for flyers, such as pointing your toes, pulling your calves, and moving your ankles in round movements.

Expand your network

Spending many hours next to a stranger and facing the same uncomfortable conditions are good enough reasons to get to know this person. Initiating a conversation with your co-passenger can help you find out something new about your destination, or who knows? — Maybe this is the contact you have been longing to help you find accommodation or give you expat advice because they have been there done that. As an expat, you should get into the habit of expanding your social network with every given opportunity, and this is definitely a good one.

Complete a pending task

If you left your office in a hurry the day before, or you have yet to complete a freelance project whose deadline is approaching, you can use the flying hours to make some progress with your work. Make sure your laptop is fully charged, and that you can access your documents while offline if you don’t wish to pay the extra charges for in-flight Wi-Fi.

Enjoy the in-flight entertainment

In-flight entertainment is a guaranteed way to pass your time in a relaxed and fun way. Whether you decide to do a movie marathon, listen to your favourite music, or play candy storm, airlines have made sure there’s something for every taste and age. However, we strongly recommend you avoid watching the interactive map on your screen, which shows the route along with facts about your flight (e.g. altitude, outside temperature, hours left to go), as it has the opposite effect than helping the time pass by fast. The map is actually a reminder of how slow and restrictive the flying experience can be. These days, many planes have power outlets (even for economy seats), so you may even be able to power your own entertainment device, if you have something you’d rather watch than what’s on offer on the built-in screen.

 

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: Expat.com [1], [2]. Image sources: Ashim D’Silva [1], [2].

The fast-growing and crime-free island nation of Mauritius is a good alternative for high net worth South Africans, says Brenthurst Wealth.

Speaking via the group’s ‘Strictly Business’ podcast, Gavin Butchart, a financial director at Brenthurst Wealth, said that Mauritius is good country for investors looking to diversify, particularly due to it’s attractive tax bracket with individuals and companies paying 15% – with no dividends tax, capital gains tax or estate duties.

The podcast discussed Mauritius, its advantages as an investment destination, as a place to live, and what South Africa can learn from the fastest growing African economy.

Citing a world bank report, Butchart, who lives in Mauritius, said that the country ranks highly for ease of use for doing business.

Advantages of moving to Mauritius include, economic growth, good schooling, low crime rates, and is politically stable, Butchart said, noting also that the country’s unemployment rate is below 7%.

To gain permanent residency, a person would need a minimum of $500,000 (R7 million). “That will get you permanent residency,” Butchart said.

He noted that there are additional means of entering the country – namely a retirement non-citizen permit, and a foreign investor permit.

Popular avenues of investment for foreigners looking to invest in Mauritius, and obtain residency, include:

  • Occupation Permit (OP) – a combined work and residence permit that allows foreign nationals to work and reside in Mauritius through an Initial investment of $100,000 in a business activity that should generate an annual turnover of at least MUR2 million (circa $58,000) for the first year and cumulative turnover of at least MUR10 million for the subsequent two years.
  • Residence Permit (RP) – a residence permit that allows foreign nationals to reside in Mauritius through the acquisition of a residential property under the Property Development Scheme (PDS) when he/she has invested more than $500,000 or its equivalent in any freely convertible foreign currency.
  • Permanent Residence Scheme (PRS) – foreign nationals investing more than $500,000 into the Permanent Resident Investment Fund (PRIF) for a period of 10 years are eligible for permanent residence, along with their spouse and children under 18 years of age. For children over 18, an additional deposit of $100,000 per person is required.
    Butchart said that homes prices vary depending on the island. He stressed that non residents are only able to buy into property development schemes.

According to Theo Pietersen, Seeff’s MD in Mauritius, the island country has become highly sought-after by local property buyers, some for residency purposes, but increasingly for holiday/second homes, retirement and relocation.

“Mauritius is fast becoming a second home for South Africans and with the recent changes in the Mauritian government’s property investment legislation, it is now a lot easier to invest in residential and commercial property on the island and there is an increased amount of developments available for SA buyers to invest in, both residential and commercial,” he said.

He added that the country now boasts top-class infrastructure including an excellent banking sector, strong economic growth and a favourable investment and tax climate and is regarded as one of the easiest places to do business in.

Pietersen said that property on the island is also regarded as an excellent investment and if you invest early, you can generally benefit from excellent capital growth.

However, there are limited opportunities to invest, especially in prime seafront developments, he said.

Pietersen said that finance is available from both South African banks as well as in Mauritius at interest rates of 7% to 9%, but with 40% cash deposit requirements.

He added that South Africans tend to invest between MUR 6,500,000 and MUR 20,000,000 which equates to approximately R2,628,000 to R8,100,000.

 

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]. Image sources: Guillaume Baudusseau [1], [2].