It has taken four years of legal battles – but now, if you were born in South Africa to foreign parents, you can apply for citizenship. It has been an “agonizing journey” for those who consider South Africa to be their only home.
The department of home affairs’ opposition to the court bid by five adults, representing others in a similar situation, for the vindication of their rights, was dealt a death blow by the Constitutional Court last week. The court simply ruled that it would not hear any further argument on the matter.
The department had not filed its papers in time, and it had not given good reason for this. What this means for Mariam Ali, Aden Salih, Kanu Nkololo, Caroline Masuki, Murphy Nganga and any others “similarly situated” is that their previous victory in the Supreme Court of Appeal (SCA) now stands.
In terms of that order, the minister must accept their applications for citizenship and make a decision within 10 days.
The SCA declared that 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.
It also ordered the minister to enact the necessary forms to allow for such applications within one year. Pending this, he must accept applications on affidavit. The application, brought with the assistance of the Legal Resources Centre (LRC), was first set down in the Western Cape High Court.
It was argued that the centre’s clients had all complied with the Citizenship Amendment Act, which came into effect in January 2013. They were all born in South Africa to foreign parents and they had all turned 18, but their applications for citizenship under naturalisation laws were being refused.
In fact, they said, they were being told that such an application form did not even exist.
In that court, the minister argued that the act only applied to children born after January 2013 and could not be applied retrospectively. In fact, his lawyers argued, it did not even apply to children who turned 18 after that date but only to children born after that date.
Any retrospective application would create “an unnecessary flow of applications and burden the already strained resources of the department”. The Western Cape High Court ruling in favour of the centre’s clients was taken on appeal to the SCA by the minister.
There, the department of home affairs changed its argument. Retrospectivity was no longer an issue. Instead, it was argued that those affected should have put the minister on terms to deal with their applications and, if they were refused, they could then launch court proceedings to review and set aside the decisions.
“But this was untenable,” the judges said. “It is difficult to understand on what basis the minister could have made any decision. They were never given an opportunity to apply. They were just turned away.
“The argument is consistent with the ongoing attempts to frustrate and delay their application. It is not in the interests of justice to send them from pillar to post, simply because the minister adopted a supine attitude that the regulations will only be promulgated in due course.”
They were being treated unfairly, the court ruled, dismissing the appeal. Sherylle Dass, LRC regional director in Cape Town, said they had opposed the state’s application for leave to appeal to the Constitutional Court, saying it was an attempt to have a “second bite of the cherry” in spite of conceding the bulk of their submissions in the lower courts.
“Despite these concessions, some 10 months later, the state decided to change its stance. We believed it was an abuse of process. They plainly had no reasonable prospects of success and again it showed a total disregard for taxpayers, who have to foot the bill for these types of vexatious proceedings.”
She said that during those 10 months, when there was no indication of any appeal, the clients had submitted their citizenship applications but they were not dealt with.
“Following the dismissal of their appeal, we will now be demanding the adjudication of those citizenship applications and we will approach the courts if necessary, should a decision not be made within 10 days, in accordance with the SCA ruling.
“Our clients have had to endure a long and painful journey to obtain citizenship, with some of them all but giving up hope of being finally accepted by a country they have grown to love – the only country they have called home.
“A large part of this agonizing journey could have been avoided if decision makers within the department of home affairs exercised reason and caution by not arbitrarily abusing the court processes to delay and frustrate the exercise of the clear and unequivocal right of these applicants.”
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.
Sources: [1], [2]. Image sources: [1], [2].
New Info About the UK’s Upcoming Points-based Immigration System
After leaving the EU, UK is now in a transition period until Dec. 31 with some rules and regulations to be extended until July of 2021. The UK government has followed the Migration Advisory Committee’s report to roll out plans for a post-Brexit immigration system where EEA and non-EEA citizens will be treated equally.
The new points-based scheme will require that an applicant collect at least 70 points from a number of factors including a job offer by an approved sponsor, having a salary of at least £25,600, speaking English at a required level, securing a job in a shortage occupation or a PhD in a subject related to the job. Applicants with a PhD in the Engineering and Science fields get double points in this category.
Under the new scheme, prospective new applicants can achieve 50 points from the three factors of language, job offer and approved sponsor. The remaining 20 points can be gained from reaching an approved salary level, the job is in a shortage occupation or the applicants has earned a PhD. The new scheme seems similar to the discontinued old scheme “Highly Skilled Migrant Programme.”
The changes look likely to benefit applicants from New Zealand, Canada and Australia who will reach the 70 points threshold assuming they have a job offer by virtue of speaking English and earning over £25,600.
There is also talk of a broader route to allow a smaller number of the most highly skilled workers to come to the UK without a job offer.
The Government’s announcement makes no mention of the current Tier 5 (Youth Mobility Scheme), which allows for living and working in the UK for two years, but one can surmise that if this remains in place, visa holders would be able to secure a role and transition to the new scheme to remain longer than two years.
There’s just enough uncertainty in the announcement to ensure there will be plenty of inconsistencies and unintended consequences, and while it’s hard to believe the implementation of regulation in the post-Brexit UK could be anything less than comprehensively thought-through, we live in interesting times.
The government’s announcement makes no mention of where the UK will find “low-skilled” workers in hospitality, transportation or agriculture, but for the time being prospects of remaining in the UK longer look a little brighter for new applications at least.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.
Sources: [1], [2]. Image sources: [1], [2].
Netflix Launches First Original African Series: ‘Queen Sono’
Netflix has launched ‘Queen Sono’, its first-ever original TV series from Africa. The streaming platform’s six-episode TV thriller, staring Pearl Thusi, South African actress and model.
The movie was premiered on its platform and at the same time Netflix specified that it will increase investment in Africa’s showbiz.
‘Queen Sono’ is filmed in several locations across Africa and is directed by Kagiso Lediga, an award-winning comedian.
The show highlights a female spy who works for a force known as Special Operations Group (SOG) while trying to work out her complicated personal life. Among those staring in the series are Vuyo Dabula, Kate Liquorish, Chiedza Mhende, Connie Chiume, and Abigail Kubeka.
Pearl Thusi, who is also known for her roles in ‘Quantico’, U.S. television series, and Netflix’s ‘Catching Feelings’, starred as the key character, taking up the role of ‘Queen Sono’.
“I want other women to see themselves in this. Women are the heroes of this show. We’re still heroes of this continent. We still nurture, we still look after, we still fight. We don’t have lots of freedom. But women still choose to be here and they still choose to be heroes in an environment that doesn’t allow it”, Thusi said.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.
Sources: [1], [2]. Image sources: [1], [2].
ConCourt: Children Born in South Africa to Foreign Parents Can Apply For Citizenship
It has taken four years of legal battles – but now, if you were born in South Africa to foreign parents, you can apply for citizenship. It has been an “agonizing journey” for those who consider South Africa to be their only home.
The department of home affairs’ opposition to the court bid by five adults, representing others in a similar situation, for the vindication of their rights, was dealt a death blow by the Constitutional Court last week. The court simply ruled that it would not hear any further argument on the matter.
The department had not filed its papers in time, and it had not given good reason for this. What this means for Mariam Ali, Aden Salih, Kanu Nkololo, Caroline Masuki, Murphy Nganga and any others “similarly situated” is that their previous victory in the Supreme Court of Appeal (SCA) now stands.
In terms of that order, the minister must accept their applications for citizenship and make a decision within 10 days.
The SCA declared that 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.
It also ordered the minister to enact the necessary forms to allow for such applications within one year. Pending this, he must accept applications on affidavit. The application, brought with the assistance of the Legal Resources Centre (LRC), was first set down in the Western Cape High Court.
It was argued that the centre’s clients had all complied with the Citizenship Amendment Act, which came into effect in January 2013. They were all born in South Africa to foreign parents and they had all turned 18, but their applications for citizenship under naturalisation laws were being refused.
In fact, they said, they were being told that such an application form did not even exist.
In that court, the minister argued that the act only applied to children born after January 2013 and could not be applied retrospectively. In fact, his lawyers argued, it did not even apply to children who turned 18 after that date but only to children born after that date.
Any retrospective application would create “an unnecessary flow of applications and burden the already strained resources of the department”. The Western Cape High Court ruling in favour of the centre’s clients was taken on appeal to the SCA by the minister.
There, the department of home affairs changed its argument. Retrospectivity was no longer an issue. Instead, it was argued that those affected should have put the minister on terms to deal with their applications and, if they were refused, they could then launch court proceedings to review and set aside the decisions.
“But this was untenable,” the judges said. “It is difficult to understand on what basis the minister could have made any decision. They were never given an opportunity to apply. They were just turned away.
“The argument is consistent with the ongoing attempts to frustrate and delay their application. It is not in the interests of justice to send them from pillar to post, simply because the minister adopted a supine attitude that the regulations will only be promulgated in due course.”
They were being treated unfairly, the court ruled, dismissing the appeal. Sherylle Dass, LRC regional director in Cape Town, said they had opposed the state’s application for leave to appeal to the Constitutional Court, saying it was an attempt to have a “second bite of the cherry” in spite of conceding the bulk of their submissions in the lower courts.
“Despite these concessions, some 10 months later, the state decided to change its stance. We believed it was an abuse of process. They plainly had no reasonable prospects of success and again it showed a total disregard for taxpayers, who have to foot the bill for these types of vexatious proceedings.”
She said that during those 10 months, when there was no indication of any appeal, the clients had submitted their citizenship applications but they were not dealt with.
“Following the dismissal of their appeal, we will now be demanding the adjudication of those citizenship applications and we will approach the courts if necessary, should a decision not be made within 10 days, in accordance with the SCA ruling.
“Our clients have had to endure a long and painful journey to obtain citizenship, with some of them all but giving up hope of being finally accepted by a country they have grown to love – the only country they have called home.
“A large part of this agonizing journey could have been avoided if decision makers within the department of home affairs exercised reason and caution by not arbitrarily abusing the court processes to delay and frustrate the exercise of the clear and unequivocal right of these applicants.”
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.
Sources: [1], [2]. Image sources: [1], [2].
Opinion: Digital Access The Key to Achieving Sustainable Development Goals in Africa
Opportunity2030: The Standard Chartered SDG Investment Map reveals a $197 billion opportunity for private-sector investors in five high-growth markets in Africa to help achieve the UN’s Sustainable Development Goals (SDGs), with improving digital access making up $74.5 billion of that total.
The study highlights opportunities for investors to contribute to three infrastructure-focused goals between now and 2030: SDG 6: Clean Water and Sanitation, SDG 7: Affordable and Clean Energy and SDG 9: Industry, Innovation and Infrastructure across emerging markets.
Across all the world’s emerging markets, Oportunity2030 identifies a $10 trillion opportunity for private sector investors. This represents around 40 per cent of the total funding required to meet specific indicators within the three SDGs – allowing for population growth as well as maintaining current access – with public funds expected to provide the bulk of the investment.
Five African countries are included in the study: Ghana, Kenya, Nigeria, Uganda and Zambia. Key highlights include:
Providing universal digital access represents the greatest investment opportunity for the private sector by 2030 ($74.5 billion), followed by universal access to power ($65.8 billion), transport infrastructure ($46.4 billion) and access to clean water and sanitation ($10.3 billion)
The biggest single opportunity across the African markets in the study is in increasing digital access – a combination of mobile phone subscriptions rates and internet connectivity – in Nigeria (USD47.4 billion). Driven by its large and growing population, Nigeria also offers the greatest overall opportunity across the SDG indicators measured (a total of $114.2 billion), followed by Kenya (USD40 billion)
Zambia and Kenya present a big opportunity to make an impact on SDG 6 (Clean Water and Sanitation): With an average of 43 per cent and 56 per cent of the population respectively currently lacking access to clean water and sanitation, there is a $0.7 billion and $2.3 billion private-sector investment opportunity to help close the gap by 2030
Uganda presents a meaningful opportunity to make an impact on SDG 7 (Affordable and Clean Energy): with just 22 per cent of the population that have access to electricity, there is a USD6.1 billion private-sector investment opportunity to help achieve universal access by 2030
The greatest investment opportunity in Ghana is in achieving and maintaining universal access to electricity (a key SDG 7 indicator), representing a $7.8 billion private-sector opportunity
Sunil Kaushal, Regional CEO, Africa & Middle East, Standard Chartered, said: “The UN Sustainable Development Goals are amongst the most ambitious projects humanity has ever attempted. As well as offering our best hope yet of tackling the world’s most serious challenges, they also offer a unique opportunity for the private sector. For the goals to be met in Africa, the private sector must play a central role in deploying capital to get projects off the ground. Opportunity2030 provides a map of these opportunities, revealing the sectors and markets where investors can best contribute to the SDGs whilst achieving sustainable returns.
“Currently, not enough capital is reaching the countries that need it the most. With the UN’s 2030 deadline for achieving SDGs just 10 years away, the time to act is now.”
With Standard Chartered’s experience and reach into Africa, the Bank uses banking knowledge, products and its unique footprint to fund sustainable development where it matters most.
In June 2019, we launched our first Sustainability Bond, raising EUR 500 million to fund projects aligned to the SDGs in emerging markets, and have worked with clients and partners to create a number of important landmark structured solutions to support the SDG’s.
The Bank has also launched its digital bank in nine markets in Africa, as part of the Bank’s digital transformation strategy for Africa. The digital banking solution provides Standard Chartered customers with affordable, fast and easily accessible banking services that is supporting financial inclusion in the markets.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.
Sources: [1], [2]. Image sources: [1], [2].