Tag Archive for: Department of Home Affairs South Africa

Home Affairs Minister Malusi Gigaba has bemoaned red tape and a ministerial revolving door that make it difficult to push through policy changes.

Gigaba, who himself has been public enterprises minister, home affairs minister and finance minister, before moving back to the home affairs portfolio, told a Black Business Council (BBC) roundtable in Sandton on Friday: “The biggest problem the ANC needs to address is that a vision can’t be carried by an individual but needs to be carried by an institution. The vision must be sustainable even if the individuals aren’t sustainable.”

In references to the various cabinet reshuffles in the past few years, he said: “We don’t even know whether we’re still going to be here to carry out these visions.”

While the Department of Home Affairs had ambitious plans to make the department completely paperless, to review critical skills work permits and to manage SA’s borders, it was difficult to make changes, he said.

“The immigration act couldn’t deal with a number of challenges, we need a new policy framework,” he said.

“Red tape makes it difficult for decisions to move speedily. To get something approved takes over a year. Things that need to move quickly, take forever.”

Critical skills

One of the problems that needed to be addressed was that students from other countries who study scarce skills in SA are then lost to the workforce because they struggle to get documentation allowing them to stay.

“The manner in which the last white paper was drafted, didn’t allow us to attract critical skills. Students who studied critical skills here would leave and we would lose those skills,” said Gigaba.

Changes that are in the works would allow students to skip certain stages to get permanent residence immediately, he said.

A new white paper on immigration was passed in 2017 but implementation will take the next two years.

It is intended to make criteria for immigration clearer, and make it easier to apply and submit documentation.

Criteria for permanent residents to acquire citizenship will also be made clearer.

It also aims to create a clearer distinction between the citizenship process and the refugee regime, and to create a more durable refugee system.

“We are also looking at introducing long-term visas for low-skilled migrants from the Southern African Development Community region,” Gigaba said.

“It will … provide them with documentation and ensure they are integrated into society.”

Gigaba said economic migrants abused the asylum-seeker system instead of seeking regularization.

 

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Sources: Sunita Menon via BusinessDay [1]. Image sources: [1].

A total of 10 million smart ID cards have been issued to South African citizens in the past five years, Home Affairs Minister Malusi Gibaba said on Wednesday.

“When the first card was issued, in 2013, around 38 million people had green-barcoded IDs. I am pleased to announce, we now have issued 10 million smart cards. This, in spite of challenges in infrastructure, systems and staffing,” Gigaba said in a media briefing ahead of tabling his budget vote in Parliament.

The 10 millionth recipient of the ID smart card, Nomthandazo Maweni, was present in Parliament where a ceremonial handover of her new identity card was done.

Gigaba said while the department had come a long way, it would probably have to revise its target of totally eradicating the bar-coded IDs in the next five years.

“Of course, if you look at where we started in 2013, we have been picking up momentum but it is likely that we would not have reached 38 million conversions by 2023,” he said.

 

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Sources: Chantall Presence via IOL [1]. Image sources: [1].

It is now a matter of when and not if companies employing foreign nationals will be audited by the Department of Home Affairs (DHA).

The arrest of at least 25 illegal foreign nationals at the beginning of May by the Cape Town Police, accompanied by officials from the Department of Home Affairs (DHA), sparked a scramble among the local business community who are concerned that they may unknowingly be employing foreigners who are working in the country illegally.

Marisa Jacobs, immigration specialist at Xpatweb, says that considering recent arrests that have been made, HR professionals, managers, business owners and CEOs need to make sure that systems are in place to ensure that expatriates are legally employed within their business.

“The Department of Home Affairs has warned that they will be increasing the number of audits and investigations among South African companies that employ foreign nationals. This isn’t an empty threat and they are clamping down on foreign nationals who contravene the act as well as employers who are illegally employing foreigners. Anyone who is deemed responsible for the appointment of the person could face repercussions which means that everyone from HR managers to CEOs could face fines or imprisonment,” says Jacobs.

Pitfall no.1: Employees job titles don’t match work visa job titles

Making sure that an employee’s job title matches the title on their work visa is a vital step to ensuring that foreigners are complying with the Act. “It can happen that a company employs a foreign national and that the employee is promoted or moved within the business. When an employee changes jobs and their job title or position changes, their work visa may no longer comply with the conditions thereof.

The process to update the visa so that it is in line with the work contract is relatively simple and straightforward, but it’s a step that many employers overlook, and this can put them at risk to non-compliance,” says Jacobs.

Pitfall no.2: Information on permits don’t match DHA system information

If a company has employed a foreign national already in possession of a visa, the company may not know if the worker’s visa is legitimate, whether it was obtained in the correct manner or even if it was issued by the DHA.

“In this case, we recommend that employers contact the DHA to check what information is on the system. This additional check beyond looking at a work visa is needed to ensure compliance with the Act,” says Jacobs.

Pitfall no.3: No skills transfer plan

Another potential pitfall that companies should take note of is the condition relating to the transfer of skills. Certain categories of work visas for foreign nationals stipulate that the skill that is being imported needs to be transferred to local citizens. If a company is audited by the DHA, the company may be asked to present their skills transfer plans.

“One of the main reasons South African businesses employ foreign nationals is because we don’t have the skills, knowledge or expertise within our borders. Having a skills transfer plan in place is a great opportunity for local employers to upskill their employees and give them an opportunity to learn from foreigners so that they can cultivate the skills that are needed within their business as well as the country. Besides requesting a copy of the company’s skills transfer plan, DHA may further request to interview people who have been earmarked to learn from the foreign nationals,” concludes Jacobs.

 

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Sources: IT-Online [1]. Image sources: [1].

The Department of Home Affairs is launching its new bio-metrics identification system on Wednesday.

The system uses unique biological traits such as facial recognition to identify individuals, and is part of the department’s ongoing revamp of facilities across the country.

Home Affairs Minister Malusi Gigaba says the department is working on improving its services, and hopes the efforts will bring an end to long queues.

 

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Sources: eNCA [1]. Image sources: [1].