Tag Archive for: South African Department of Home Affairs

Zimbabweans currently in South Africa have the once-off option to extend their visa exemptions for a further 90 days if they haven’t done so already, says immigration lawyer William Le Roux.

Many Zim nationals fear to return their homeland amid the ongoing unrest over the high cost of living and drastic full price hike.

“They are able to extend their visas for a further 90 days, but they can only do that once from within South Africa. After they have done that once, then they would need to leave the country”, Le Roux said.

Le Roux says the alternative option for Zimbabweans is to overstay their visitor’s visa and submit an authorisation application

Visa authorisation applications, also known as a letter of good cause, allow for visa applications from within South Africa.

“The Director-General of Home Affairs can authorise you to make an application for a visa, despite the fact that you don’t have legal status in the country. People who are in the country illegally cannot apply for a new visa within the country unless the DG tells them that they may”, he commented.

Click here to listen to the full discussion from CapeTalk’s The Eusebius McKaiser Show.

 

 

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Lawyers for Human Rights says the new regulations propose that foreign children be issued with a ‘confirmation of birth’ and not a birth certificate

Legal groups have raised concern over the Home Affairs Department’s plan to discontinue birth certificates for foreign children born in South Africa.

Lawyers for Human Rights, the Centre for Child Law, the University of Cape Town’s Refugee Rights and the Scalabrini Centre of Cape Town say previously all children were issued with birth certificates, as is required by the Constitution and international law on children’s rights.

Lawyers for Human Rights says the new regulations propose that foreign children be issued with a ‘confirmation of birth’ and not a birth certificate.

The organisation’s Liesl Muller says every child has the right to a birth certificate.

She adds in terms of international law, it is the responsibility of the country of birth to issue a birth certificate, regardless of whether citizenship is granted or not.

“The problem with this is that no child can live a normal life without a birth certificate, and the child cannot access basic education and healthcare.”

Muller says the draft regulation requires children to present their confirmation of birth to their embassy in order to obtain a birth certificate from their country of nationality.

“There are certain groups with children who are particularly vulnerable who won’t be able to, for instance, they’ve fled their country and their refugee protection will be removed.”

 

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Over 180,000 Zimbabwean nationals living in South Africa have applied for official documentation to allow them to stay, work, study and conduct businesses legally in the country, the department of home affairs said.

“The Department of Home Affairs is pleased to announce that it has completed the adjudication and printing of 178,172 applications for the Zimbabwean Exemption Permit (ZEP),” said spokesman Thabo Makgola.

The opening of applications for the ZEP was announced in September 2017 following the expiry of the Zimbabwean Special Permit (ZSP).

“The ZEP is meant to regularise the stay of Zimbabwean nationals in South Africa for work, study or legal business,” said Makgola.

Of the 180,000 applications, 108,485 permits were processed and had been collected, said Makgola.

Meanwhile, 39,089 were in the process of being collected or sent to the various collection offices, he added.

The department has urged 1,932 applicants who had expired passports to contact the Zimbabwean consulate, as their application could not be processed.

While this may be a relief for many, it still denies Zimbabweans permanent residency in South Africa.

The department said it had met with the Zimbabwean Consulate which had undertaken to expedite the passport applications of those who did apply.

The ZEP came into effect in January 2018, and it will expire in December 2021.

 

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Home Affairs Minister Malusi Gigaba has resigned and has submitted his letter of resignation to the Presidency. The Presidency has confirmed receiving the letter from the embattled minister.

Gigaba wrote in a letter to President Cyril Ramaphosa that he has chosen to place the interests of the African National Congress and the country above his personal interests. He says the battle he is facing is political in nature, which he shall continue to fight.

Gigaba is, however, cautious to note that his resignation is in no way an admission of guilt and he leaves the public service with a clear conscience, adding that he has done no wrong.

President Ramaphosa has thanked Gigaba for his long-standing service and commitment to government and the people of the country. Ramaphosa noted that Gigaba says he is stepping down for the sake of the country and the ANC. The former minister says this will also relieve the president from undue pressure and allow him to focus on running the country.

On 31 October 2018, the Public Protector found that Gigaba violated the Constitution and the executive members’ ethics code when he lied under oath about allowing the Oppenheimers permission to operate a private terminal at OR Tambo International Airport.

Advocate Busisiwe Mkhwebane directed the president to discipline Gigaba for lying in court and that Gigaba also needed to account to Parliament.

Blade Nzimande, who is the Minister of Transport, has been appointed to act in his place, taking on a duel role in Parliament.

 

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