Weekend Argus (Saturday Edition) – 12 Dec 2015
A HOME Affairs legal officer in Pretoria has pleaded with the Western Cape High Court for mercy, saying she was “mortified” when she read a judgment handed down recently which described the department as dysfunctional and threatened to refer it to the public protector.
The senior legal administration officer, Yvonne Banyamme Seboga, has accepted full responsibility for the manner in which the matter, which led to the scathing judgment, was dealt with.
She blamed her oversight on a heavy workload and severely underresourced litigation unit.
The judgment stemmed from an application lodged against the department and refugee authorities by Kennedy Tshiyombo, who fled violence in the DRC nearly 10 years ago.
Tshiyombo received an asylum seeker permit which was renewed from time to time and he was asked to complete a fresh application for refugee status in October 2008.
But his application was rejected as unfounded days later and a later appeal to the Refugee Appeal Board was also dismissed.
He turned to the High Court, asking it to review and set aside the decisions.
Department officials, however, failed to file the administrative record of the case, which led to delays and to the matter eventually coming to a standstill.
Judge Ashley Binns-Ward delivered a judgment in the matter last month, saying it was plain there was a “systematic dysfunctionality” in the relevant branch of the department which had resulted in its persistent failure or inability to comply with its legal obligations in matters in which its decisions were taken on judicial review.
He said there had been undertakings that the problems would be addressed, “all to no effect thus far”.
Judge Binns- Ward gave the department and refugee authorities until last Thursday to show cause why they should not be held personally liable for the additional costs Tshiyombo incurred.
In addition, they were ordered to explain why he should not refer the matter to the public protector for investigation.
In response, the department filed Seboga’s affidavit in which she said she was to blame for the manner in which Tshiyombo’s case was handled.
She said the number of court cases lodged against the department had increased significantly while the number of staff members had nearly halved.
In 2012 more than 1 800 cases were served on the department. That figure had increased steadily to 2 056 served on the department in 2013, 2 358 in 2014, and 2 435 this year.
The increased number of cases had an adverse impact on the morale of staff members and led to the resignation of two junior legal administration officers, according to Seboga.
Seboga said the department was however in the process of appointing 10 legal administration interns, with the appointments to be made by January 1r.
Judge Binns-Ward has reserved judgment in the matter.
BURKINA FASO (Country risk rating: High); 15 January (Red24)
Australian nationals kidnapped in Baraboule
Two Australian nationals were kidnapped by suspected Islamist militants in the town of Baraboule, located in Burkina Faso’s northern Soum province, on 15 January. Local authorities initially stated that the victims, who were aid workers, were Austrian, but later corrected this to Australian. Details surrounding the abduction are unknown. There is a medium threat of kidnapping in Burkina Faso. As this incident demonstrates, the threat is most acute in the northern border regions of the country, and stems from groups operating along the country’s borders with Mali. These groups, which include al-Qaeda in the Islamic Maghreb (AQIM) and its affiliates, have demonstrated both the intent and operational capacity to conduct attacks targeting both locals and foreign interests in Burkina Faso’s border areas. Additionally, aid workers are often viewed as high-value targets by these groups. This is due, in part, to the fact that such individuals can be used to extort significant ransom payments from their respective organisations.
Advice: Clients are advised against all non-essential travel within 100km of Burkina Faso’s borders with Mali, in the Sahel region, which includes Baraboule, as well as the Boucle du Mouhoun and Nord regions, due to the elevated risks of kidnapping, terrorism and general insecurity. Persons operating in the aforementioned areas are advised to implement robust security measures at all times and should review and update all travel, residential and personal security measures and evacuation procedures.
Machine Readable passports – Re-entry to South Africa
To comply with regulation 2(1)(a) of the Immigration Regulations, 2014 only MACHINE READABLE TRAVEL DOCUMENTS (MRTDs) will be accepted to enter South Africa with effect from 24 November 2015.
In the case of a bona fide emergency situation, travellers utilising issued Emergency Travel Documents will be allowed to enter and depart from South Africa.
Travellers who entered South Africa before 24 November 2015 on non-MRTDs will be allowed to depart and return to their countries of origin or residence.
Travellers who entered South Africa with a MRTD and lost it will be allowed to depart with Emergency Travel Documents.
PLEASE NOTE THAT:
Machine readable passports that have been extended are not accepted!
Home Affairs drowning in legal claims – South African Immigration
Weekend Argus (Saturday Edition) – 12 Dec 2015
A HOME Affairs legal officer in Pretoria has pleaded with the Western Cape High Court for mercy, saying she was “mortified” when she read a judgment handed down recently which described the department as dysfunctional and threatened to refer it to the public protector.
The senior legal administration officer, Yvonne Banyamme Seboga, has accepted full responsibility for the manner in which the matter, which led to the scathing judgment, was dealt with.
She blamed her oversight on a heavy workload and severely underresourced litigation unit.
The judgment stemmed from an application lodged against the department and refugee authorities by Kennedy Tshiyombo, who fled violence in the DRC nearly 10 years ago.
Tshiyombo received an asylum seeker permit which was renewed from time to time and he was asked to complete a fresh application for refugee status in October 2008.
But his application was rejected as unfounded days later and a later appeal to the Refugee Appeal Board was also dismissed.
He turned to the High Court, asking it to review and set aside the decisions.
Department officials, however, failed to file the administrative record of the case, which led to delays and to the matter eventually coming to a standstill.
Judge Ashley Binns-Ward delivered a judgment in the matter last month, saying it was plain there was a “systematic dysfunctionality” in the relevant branch of the department which had resulted in its persistent failure or inability to comply with its legal obligations in matters in which its decisions were taken on judicial review.
He said there had been undertakings that the problems would be addressed, “all to no effect thus far”.
Judge Binns- Ward gave the department and refugee authorities until last Thursday to show cause why they should not be held personally liable for the additional costs Tshiyombo incurred.
In addition, they were ordered to explain why he should not refer the matter to the public protector for investigation.
In response, the department filed Seboga’s affidavit in which she said she was to blame for the manner in which Tshiyombo’s case was handled.
She said the number of court cases lodged against the department had increased significantly while the number of staff members had nearly halved.
In 2012 more than 1 800 cases were served on the department. That figure had increased steadily to 2 056 served on the department in 2013, 2 358 in 2014, and 2 435 this year.
The increased number of cases had an adverse impact on the morale of staff members and led to the resignation of two junior legal administration officers, according to Seboga.
Seboga said the department was however in the process of appointing 10 legal administration interns, with the appointments to be made by January 1r.
Judge Binns-Ward has reserved judgment in the matter.
Transit visas under scrutiny – South Africa Immigration
10 Dec 2015 – Tourism Update
Biometric capturing will definitely be introduced at South Africa’s primary international airports by the end of January, and as a result, other immigration controls, such as the Transit Visa, could be reviewed the Director General of the Department of Home Affairs,Mkuseli Apleni, has assured stakeholders.
Mkuseli was addressing tourism and business stakeholders at the Ernst & Young headquarters in Sandton, Johannesburg yesterday (December 10).
“The implementation of the capturing of biometrics at Lanseria International Airport, OR Tambo International Airport, King Shaka International Airport and Cape Town International Airport are on track,” Mkuseli said. The modules had been developed, tested and were currently being piloted at certain ports of entry, he added.
“Consequently, the criticality of the biometric capability to manage risk allows the department to retract the requirement for certain travellers to hold a Transit Visa,” Mkuseli said.
He said the Department was re-evaluating the Transit Visa requirements in line with the Port of Entry biometric enhancements. The intended outcome of this evaluation, he said, was for the Transit Visa requirement to be retracted altogether.
“This is currently in progress but it depends on the successful implantation of the biometric capturing,” he said.
Mkuseli added that the Department would now initiate consultation with other member departments operating in the border control environment to ensure alignment on the new security standards introduced. “By January 31, we hope to issue an Immigration Directive advising all stakeholders of the change in requirements.”
Other changes introduced by the Department include:
Extending the validity of the parental consent affidavit from four months to six.
Adding parents’ details to South African children’s passports so that outbound travellers are no longer required to carry an unabridged birth certificate.
Introducing a long-term multiple-entry visitor’s visa for a period exceeding three months and up to three years.
Introducing a 10-year visa waiver for BRICs countries.
Introducing a long-term multiple-entry visa for travellers visiting South Africa frequently, such as business people, academics and tourists.