While incoming minister of Home Affairs Malusi Gigaba recently announced new immigration rules, the Department of Home Affairs (DHA) decision to implement the new laws has been met with criticism. The new laws extend to visa applications, permanent or temporary stay, and to foreigners looking to set up businesses in South Africa. In response to the new regulations, the Forum of Immigration Practitioners of South Africa (FIPSA) is challenging the DHA‘s decision in court and wants Government to review and amend some of the rules.
Chairman of FIPSA, Gershon Mosiane, explained that FIPSA’s opposition of the regulations is due to the fact that the new immigration regulations may result in unintended consequences, which he asserts is not a security issue.
“We as FIPSA have no problem with biometrics, which is the only security feature that relates to the new immigration regulations,” Mosaine said.
He further noted that FIPSA’s opposition of the new regulations does not relate to the issue of unabridged birth certificates, but instead relates to business visa’s, work visa’s, critical skills, and spousal visa’s, since laws pertaining to these categories give rise to constitutional issues.
Mosaine stated that the Western Cape High Court affirmed that the new immigration laws are unconstitutional in relation to spouses of South African Citizens.
With regards to business visas, he said that multinationals are expected to invest a minimum of R5 million rand in the country, but government intends to interfere in the feasibility of their businesses.
He said that in terms of work visas, foreign nationals are generally unable to acquire a letter of recommendations for the Department of Labour.
“Therefore, we cannot get the correct skills that are needed in the country.”
Mosaine explained that various professional bodies, who have issued critical skills letters, were not informed that they are not mandated to issue such letters.
He said that FIPSA decided upon taking action against the DHA after no agreement was met following constant engagement.
“In a constitutional democracy, if there is no agreement as to the interpretation of the law in the country, our courts are the only option that will then give direction as to whether these regulations are fair, reasonable, and constitutional,” he continued.
Mosaine further noted that since the regulations were not well drafted, which may result in unintended consequences, FIPSA is requesting that the DHA redrafts the regulations.
He said that FIPSA is also contesting the repealing of Section 46 by the DHA that included immigration practitioners. And since FIPSA has registered as a professional body with the South African Qualifications Authority (SAQA), the forum is the only recognized immigration authority.
In addition, FIPSA is challenging the awarding of the tender to VFS, since the minister cannot delegate his authority to a third party.
How will South Africans be affected by these amendments?
Mosaine explained that South Africa’s economy will be impacted by these changes as companies will be deterred from investing in the country, which will subsequently impact job creation.
In addition, he said that such regulations will impact the influx of necessary skills, consequently impacting the economy, and further noted that the new laws will affect the constitutional right of association of citizens who have relations with foreigners.
“We are not a country in isolation, we have to participate globally, and our regulations do not assist us in that regard…You are not compromising your security, you are simply making it less cumbersome for individuals to invest in South Africa,” he said.
Mosaine concluded that FIPSA will not stop attempting to engage with the DHA and is willing to settle the matter once the regulations are amended.
For more information on FIPSA contact tracy@relocationafrica.com
Ten things you need to know about Africa Day
2. The newly-liberated countries felt the need to express solidarity with one another, and in May 1963, 32 African countries met in Addis Ababa to form the Organisation of Africa Unity (OAU). It was a major political force on the continent until the 1990s.
3. Since 1963, 21 more states have joined, notably South Africa, who only became part of the organisation in 1994 following the end of white minority rule.
Source
Happy Africa Day – Young Africans doing amazing things
JOHANNESBURG – The 25th of May marks Africa Day and eNCA looks at young people on the continent who are positively influencing the lives of others.
Africa Day is celebrated annually to mark the formation of the Organisation of African Unity in 1963 and the African Union in 2002.
1. Nthabeleng Likotsi, founder and executive chairperson of Young Women in Business Network Holdings. Likotsi has since started her own bank after growing it from a humble savings club.
FIPSA to challenge new immigration laws in court
BY VOICE OF THE CAPE ON NEWS
, VOC NEWS
While incoming minister of Home Affairs Malusi Gigaba recently announced new immigration rules, the Department of Home Affairs (DHA) decision to implement the new laws has been met with criticism. The new laws extend to visa applications, permanent or temporary stay, and to foreigners looking to set up businesses in South Africa. In response to the new regulations, the Forum of Immigration Practitioners of South Africa (FIPSA) is challenging the DHA‘s decision in court and wants Government to review and amend some of the rules.
Chairman of FIPSA, Gershon Mosiane, explained that FIPSA’s opposition of the regulations is due to the fact that the new immigration regulations may result in unintended consequences, which he asserts is not a security issue.
“We as FIPSA have no problem with biometrics, which is the only security feature that relates to the new immigration regulations,” Mosaine said.
He further noted that FIPSA’s opposition of the new regulations does not relate to the issue of unabridged birth certificates, but instead relates to business visa’s, work visa’s, critical skills, and spousal visa’s, since laws pertaining to these categories give rise to constitutional issues.
Mosaine stated that the Western Cape High Court affirmed that the new immigration laws are unconstitutional in relation to spouses of South African Citizens.
With regards to business visas, he said that multinationals are expected to invest a minimum of R5 million rand in the country, but government intends to interfere in the feasibility of their businesses.
He said that in terms of work visas, foreign nationals are generally unable to acquire a letter of recommendations for the Department of Labour.
“Therefore, we cannot get the correct skills that are needed in the country.”
Mosaine explained that various professional bodies, who have issued critical skills letters, were not informed that they are not mandated to issue such letters.
He said that FIPSA decided upon taking action against the DHA after no agreement was met following constant engagement.
“In a constitutional democracy, if there is no agreement as to the interpretation of the law in the country, our courts are the only option that will then give direction as to whether these regulations are fair, reasonable, and constitutional,” he continued.
Mosaine further noted that since the regulations were not well drafted, which may result in unintended consequences, FIPSA is requesting that the DHA redrafts the regulations.
He said that FIPSA is also contesting the repealing of Section 46 by the DHA that included immigration practitioners. And since FIPSA has registered as a professional body with the South African Qualifications Authority (SAQA), the forum is the only recognized immigration authority.
In addition, FIPSA is challenging the awarding of the tender to VFS, since the minister cannot delegate his authority to a third party.
How will South Africans be affected by these amendments?
Mosaine explained that South Africa’s economy will be impacted by these changes as companies will be deterred from investing in the country, which will subsequently impact job creation.
In addition, he said that such regulations will impact the influx of necessary skills, consequently impacting the economy, and further noted that the new laws will affect the constitutional right of association of citizens who have relations with foreigners.
“We are not a country in isolation, we have to participate globally, and our regulations do not assist us in that regard…You are not compromising your security, you are simply making it less cumbersome for individuals to invest in South Africa,” he said.
Mosaine concluded that FIPSA will not stop attempting to engage with the DHA and is willing to settle the matter once the regulations are amended.
For more information on FIPSA contact tracy@relocationafrica.com
South Africa: Refugees Face Social Grant Barrier
By Tariro Washinyira
Refugees receiving social grants for their children say they are being turned away from the Wynberg offices of the South African Social Security Agency (SASSA), in spite of a directive from the department of Home Affairs.
Earlier this month, eight refugees complained to People Against Suffering, Oppression and Poverty (PASSOP) that they had been turned away at Wynberg SASSA offices because they had failed to produce birth certificates for their children which correspond with the Home Affairs ID numbers.
In an official letter to one of the families, SASSA stated: “According to our records, you are currently receiving a social grant. It has come to SASSA’s attention that the identity number of your child/children is not a valid number on the Home Affairs Population Register.”
“You are requested to call at your nearest SASSA office no later 31 May 2016 to have your social grant reviewed. Should you fail to have your social grant reviewed it will be suspended.”
But Home Affairs Media Liaison Officer Thabo Mokgola told GroundUp: “SASSA must accept all valid identity documents for refugees (including children) and issue grants on that basis. We have engaged with SASSA National Head Office in this regard.”
Congolese refugee Godfroi Lelwa, 49, from Retreat, said until now social grants had been paid by SASSA on the basis of a birth certificate and refugee status document. But now the SASSA officials were demanding ID numbers which were not on his children’s birth certificates, or letters from Home Affairs to prove that the certificates were genuine.
“There is no way our ID numbers can match South Africans’ ID numbers because we are refugees.
“Home Affairs does not issue abridged birth certificates to foreigners. And this explains why our children’s birth certificate ID numbers are not similar to the ones on the Home Affairs population register,” said Lelwa.
He said the social grants were important to supplement the family income from selling goods on Greenmarket Square.
SASSA spokesperson Shivani Wahab did not respond to GroundUp’s emails or return repeated phone calls made to her office since last Friday. From http://allafrica.com/stories/201605190782.html