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18. Apr. 2024 The Citizen

Motsoaledi outlines changes to ‘colonial era legislation’ on citizenship and immigration




Home Affairs Minister Dr Aaron Motsoaledi has said the public has shown great support for the final White Paper on citizenship, immigration and refugee protection which appeared in the Government Gazette on Wednesday.

Briefing the media, he addressed what he saw as a long-overdue need to replace an outdated Citizenship Act, as well as enact proposed changes to existing legislation.

‘Overwhelming responses’

On 10 November last year the department published in the Government Gazette the White Paper on Citizenship, Immigration and Refugee Protection towards a complete overhaul of the immigration system.

The deadline for public comments was extended to 31 January.

“The responses have been overwhelming. Individuals �` that is citizens, asylum seekers and refugees �` as well as public interest groups, companies, national and local government departments, premiers, research institutes, political parties, International Commission of Jurists, United Nations High Commission of Refugees, International Organisation for Migration, United Nations Children’s Fund (Unicef) and many others made their voices heard and made constructive comments,” Motsoaledi said.

Public hearings were conducted by the department in all nine provinces, and the minister did radio and TV interviews on the White Paper.

“The outcome of the engagements and public comments is that the policy position adopted in the White Paper enjoys widespread support.

“Only a handful of public interest groups are opposed to selected policy positions,” he said.

These include:

• The withdrawal of the 1951 Refugee Convention;
• The 1967 Protocol;

Furthermore, Motsoaledi said the department “acceded to them with reservations” the proposed repeal of section 43 of the South African Citizenship Act and the First Safe Country Principle.

“The department of Home Affairs carefully and duly considered all the oral and written submissions. This final white paper is a product of the third robust engagements.”

He said cabinet approved this final white paper on 10 April, and it has been published in the Government Gazette on Wednesday 17 April.
Citizenship Act needed reworking

“Conflicts, armed violence, disasters, pandemics, climate change, seeking better business and work opportunities, and other factors, cause people to leave their countries of origin.

“Public comments on the White Paper reaffirmed the urgent need to adopt effective policy measures and legislative interventions dealing with migration in South Africa.”

Motsoaledi said the country has existing legislation dealing with citizenship, migration and refugee protection, including the Citizenship Act (1995), the Immigration Act (2002) and the Refugee Act (1998).

However, Motsoaledi called the Citizenship Act a “relic of the colonial era and a replica of the 1949 Citizenship Act”.

“There are people who seem to take offence when we refer to this fact, that we actually hate the fact that our Citizenship Act passed in 1995 after democracy resembles that which was passed by 1949 by the British Government when South Africa was a union.”

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He said these existing legislations clashed in practice and piecemeal amendments were made without any policy or framework in place.

“The White Paper must make radical proposals regarding citizenship.

“Section 43 of the Citizenship Act is required to be reviewed together with other sections including those relating to Citizenship by naturalisation.”

This includes terminology such as ‘people of a sound mind’, which Motsoaledi said had no place in our democracy.

“The criteria for granting any forms of citizenship must be strictly in accordance with the law.

“A proper register should be kept for all persons granted citizenship by naturalisation. The register must be tabled every year in Parliament by the minister.”
Refugees and asylum seekers

Motsoaledi said most laws taken by countries around the world are more stringent on people entering their borders than South Africa’s.

Still, he said the principle of Pan-Africanism “does not promote illegality” when it comes to crossing borders.

“Asylum seekers were not recognised in South Africa until 1993. During the apartheid regime South Africa did not accede to any international conventions related to the status of refugees and asylum seekers,” Motsoaledi said.

Instead, the government at the time administered refugee status on an ad-hoc basis, mostly to white people from Zimbabwe, Portugal and Mozambique, the minister said.

The Refugee Act of 1998 was sorely needed, and came as the world opened its doors to South Africa.
White Paper’s recommendations on refugees

“The White Paper proposes that the government of the Republic of South Africa must review and/or withdraw from the 1951 Convention and the 1967 Protocol, with a view to accede to them with reservations like many other countries did,” Motsoaledi said.

“All what the South African government intends achieving is to exercise its right granted in article 42 of the 1951 Convention, and article 7 of the 1967 Protocol, and make reservations accordingly.

“The refugee protection and immigration legislation must provide for reservations and exceptions as contained in the 1951 Convention and 1961 OAU Convention, particularly in that South Africa does not have the resources to grant all the socio-economic rights envisaged in the 1951 Convention.”
Combatting the problem of illegal immigrants

While the department has no idea how many illegal immigrants are living in South Africa immigration services report between 15 000 and 20 000 illegal immigrants every year, and the number increases.

The establishment of the Border Management Authority is helping in this regard, but the numerous working and studying visas that are available under the Immigration Act need to be reviewed, the minister said.

“It is an administrative nightmare,” he said, calling them replicas of each other. “The White Paper proposes that that needs to be changed.”

Furthermore, “the introduction of limited duration permanent residence visas will curtail the current difficulties in which individuals, business and even church organisations and others resort to fraudulent means to acquire permanent resident status.”

New bodies that will issue visas will observe strict requirements and the maximum period to issue visas will be shortened.



V.5306
28. May. 2024 SA MIGRATION ,NANDUTU AND OTHERS V MINISTER OF HOME AFFAIRS

Change of status from Visitor’s Visa now allowed for spouses and children of South African citizens and permanent residents meaning you can from a tourist visa to spouse or relatives visa

Spouses and children of South African (SA) citizens and permanent residents were prohibited from changing their Visitor’s Visas, used to enter South Africa, to other types of longer term visas, for example relative’s visas, study visas and work visas. These applicants had to travel abroad (to their home countries, although they perceived SA as their home country) file the required longer term visa application at the South African Mission, obtain the visa and then return to South Africa. This meant in practice that families were torn apart, the spouses’ right to cohabitation and children’s rights to dignity were infringed whilst the visa formalities had to be met. V.5405

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27. May. 2024 Business Tech

What to do if you lose your South African passport overseas

Losing a passport can be a serious problem if you are abroad on holiday or a business trip. According to Nedbank, the following steps must be immediately taken if you lose your passport: • Report the loss at the nearest police station. • Contact the nearest South African embassy, consulate or high commission. You do not have to completely abandon your travel plans as a South African diplomatic or consular mission can issue an emergency travel certificate that will allow one to return to South Africa at the end of their trip. One can also apply for a new passport when they apply for an emergency travel certificate. V.5399

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27. May. 2024 The Guardian

Canada to restore right of citizens born abroad to pass citizenship to children also born outside country

Federal government to amend Citizenship Act, removing ‘second-generation cut-off’ introduced by Conservative government Canada plans to restore the right of citizens born abroad to pass their citizenship to children also born outside the country, following a court ruling that a “first-generation limit” in the law was unconstitutional. The federal government announced legislation to amend the Citizenship Act, removing a “second-generation cut-off” introduced by the previous Conservative government, after an Ontario court ruled in December that the limit was unconstitutional. “We wanted to take this opportunity to continue to minimize differential outcomes as much as possible for children born abroad … compared to children born to Canadians [in Canada],” said Marc Miller, the immigration minister, to reporters on Thursday. “Not everyone is entitled to [citizenship], but for those who are, it needs to be fair.” V.5400

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27. May. 2024 SA Migration

Moving to South Africa what can I bring and what duties do I pay

The ins and outs of importing personal goods into South Africa Importing personal goods into South Africa is subject to a host of rules and regulations, as is to be expected. This is standard practice all around the world when moving goods from one country to another. But we’ve simplified matters for you by summarising all the important information in one place. Simply continue reading to learn what’s allowed and what’s not and which forms are required. 1. The rules and regulations Immigrants, returning SA residents, temporary residents and diplomats are allowed to import household and personal effects into South Africa. You are allowed one-duty free import. To do a second import, you’ll have to obtain permission from SA Customs. V.5401

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27. May. 2024 The Citizen

BMA intercepts 28 Bangladeshis with fake visas at OR Tambo Airport

A total of 28 Bangladeshi nationals were intercepted on arrival at OR Tambo International Airport (ORTIA), the Border Management Authority (BMA) said. It is understood the Bangladeshis were intercepted by BMA Immigration officials during an intelligence-driven operation on a flight from Dubai on Saturday. Fake visas With just two days before South Africa’s national and provincial elections, the BMA said it is on high alert at all ports of entry to monitor movements. “During the operation, 27 Bangladeshis were found to be in possession of fraudulent visas and one Bangladeshi did not have a visa at all. “The travellers were in contravention of the South African Immigration Act by possessing fraudulent travel documents. The Bangladesh nationals arrived in the country with visitors’ visas and were denied entry,” the BMA said. V.5402

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27. May. 2024 News24

Denied entry - 27 Bangladeshi nationals caught with fake visas at OR Tambo Airport

The Border Management Authority arrested 28 foreign nationals for attempting to enter South Africa illegally. • The Border Management Authority (BMA) apprehended 28 Bangladeshi nationals travelling from Dubai using fake documents. • Twenty-seven of them had fraudulent visas and one had no visa at all. • The BMA recently graduated 400 border guards, who are expected to aid in the control of people coming into and leaving South Africa. Twenty-eight foreign nationals have been arrested for attempting to enter South Africa illegally. During an intelligence-driven operation at OR Tambo International Airport on Saturday, the Border Management Authority (BMA) intercepted a group of Bangladeshi citizens on a flight from Dubai. V.5403

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24. May. 2024 Tech Republic

Generative AI Defined: How it Works, Benefits and Dangers

Table of Contents - What is generative AI in simple terms -How does generative AI work -Examples of generative AI -Types of generative AI models -What is ChatGPT -What is Google Gemini -Benefits of generative AI -Use cases of generative AI -Dangers and limitations of generative AI -What is the difference between generative AI and general AI -What is the difference between generative AI and machine learning -What is the difference between generative AI and regenerative AI -How big a role will generative AI play in the future of business? What is generative AI in simple terms Generative AI is a type of artificial intelligence technology that broadly describes machine learning systems capable of generating text, images, code or other types of content, often in response to a prompt entered by a user. V.5389

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24. May. 2024 SA Migration

Business Startup as a foreigner South Africa

Starting a business as a foreigner in South Africa can be an arduous task without enlisting professional help. There are a number of ‘hoops’ that must be circumvented and the process can be time consuming and a distraction from the all important task of establishing your business. At SA Migration Immigration we have assisted hundreds of entrepreneurs with their ambition to create a business in South Africa and are able to boast of an unrivalled track record of success, all based on what we believe to be the most comprehensive service available. Below we detail the important aspects of starting a business as a foreigner in South Africa but if you prefer to talk to a human being to discuss your needs, feel free to call us on any our contact numbers V.5392

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24. May. 2024 SA Migration

South Africa Work Visa Types

Introduction A South Africa work visa is an official permit that enables individuals from foreign countries to work and reside legally in South Africa for a specified period. The different South Africa work visa types grant holders the right to engage in employment within the country. With various categories tailored to specific eligibility criteria and requirements, South Africa employment visas offer opportunities for individuals to contribute their skills and expertise to the vibrant South African workforce. Whether it is for pursuing a career and experiencing the rich cultural heritage, obtaining a South Africa employment visa opens doors to exciting possibilities in this diverse and dynamic nation. V.5395

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24. May. 2024 SA Migration

How to apply for a permanent residence permit in South Africa in 2024:

South Africa is a beautiful country with many lively cultures, an affordable cost of living, and many opportunities to harness. So, if you are considering settling in South Africa for the long term in 2024, understanding the process of securing a permanent residence permit is crucial. The permanent residence process might be rigorous and tedious, but getting that permit as a foreigner comes with many attractive benefits. Whether you want to invest in the country, work, study, or marry, this permit makes it easy. V.5396

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24. May. 2024 SA Migration

Relatives visa for immigration to South Africa

What is a Relatives visa or visa for immigration to South Africa The South African Immigration Act allows applications for permanent residence from those who have a first kin relationship with either a South African Permanent Resident or Citizen. This category of visa is known as a relatives visa. You can learn more about the relatives visa by viewing the below information, or if you prefer the human touch simply call us on any of the above numbers, request a call back here, or email your enquiry. What is a first kin relationship? The regulations that govern the relatives visa define a first kin relationship as: • Parent. • Child. Therefore an application for immigration, under the relatives visa can be made by the: • Child of a South African citizen or permanent residence holder. • Parent of a South African citizen or permanent residence holder. V.5397

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22. May. 2024 TraveloBiz

South Africa Plans to Introduce E-Visa and 90-Day Visa Waiver for Indians

South Africa is rolling out the welcome mat for Indian tourists with a focus on simplifying the visa application process with an e-visa and potentially offering a 90-day visa waiver. This exciting news comes as the country aims to attract more visitors from India, a rapidly growing travel market. E-Visas for Streamlined Applications Indian tourists can soon expect a smoother visa application experience. The South African government, led by Minister of Tourism Patricia de Lille, announced plans to introduce an E-Visa system specifically for Indian travellers. This online system will eliminate the need to visit an embassy or consulate, saving time and hassle. Visa Waiver Proposal V.5379

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22. May. 2024 Businesstech

Big visa changes for South Africa are back

The Department of Home Affairs has re-gazetted amendments to South Africa’s immigration laws, after previously gazetting and then withdrawing them. On 28 March, the DHA published the amended immigration regulations. However, because this was a day before the closing date of the public comment period, the minister, Aaron Motsoaledi issued a notice withdrawing the changes. This created confusion and consternation among businesses and in the tourism industry in particular, as the amendments introduced long-sought-after changes to visas and the entry of critical skills to South Africa. V.5380

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22. May. 2024 Businesstech

New labour rules for South Africa - what you need to know

New Labour Court and Labour Appeal Court rules, including changes to restraint of trade and holiday-time litigation, have been published in the Government Gazette. According to Chloë Loubser and Ayanda Nkabinde from Bowmans, the new rules include major procedural changes and technical advancements. These aim to ensure that matters in the Labour Court are handled efficiently, which should help clear the challenging backlog. Although the new rules’ effective date is yet to be published, Loubser and Nkabinde said they should be published in another Gazette in due course. Practitioners will need to become familiar with the new technical details of the rules, with the experts highlighting some of the key provisions that employers should know about: V.5381

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22. May. 2024 News24

SA`s nomad visa, aimed at foreigners who earn more than R1m - takes effect

The Department of Home Affairs refiled long-awaited changes to its work-permit regime to allow for the creation of a so-called nomad visa for remote workers. The 20 May gazetting of the changes, which had last month been withdrawn after the department failed to observe a mandatory period for public comment, means that the changes are now law.It’s also seeking to allow people employed and paid by companies elsewhere to live in the country as long as they earn at least R1 million annually. V.5384

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22. May. 2024 Daily Mavrick

SAs new white paper on migration doesn’t quite hold up against international human rights

Many migrant children, having been told they would be safe and things would be better in South Africa, are finding this to be far from the truth. The Equal Education Law Centre is concerned about the impact that the final White Paper on Citizenship, Immigration and Refugee Protection will have on migrant and undocumented children’s rights - including the right to education. On 10 April 2024, Cabinet approved the final White Paper on Citizenship, Immigration and Refugee Protection. It was gazetted on 17 April. The document outlines sweeping plans for reform, including increased border monitoring, establishing immigration courts and withdrawing from international and regional human rights instruments. V.5385

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22. May. 2024 Bloomberg

South Africa set to create nomad visa for remote workers

South Africa’s Department of Home Affairs refiled long-awaited changes to its work permit regime to allow for the creation of a so-called nomad visa for remote workers. The May 20 gazetting of the changes, which had been withdrawn last month after the department failed to observe a mandatory period for public comment, means that the changes are now law. It’s also seeking to allow people employed and paid by companies elsewhere to live in the country as long as they earn at least R1 million ($55,404) annually. The visa comes with a short-term tax exemption. V.5387

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21. May. 2024 My BroadBand

New engineering qualifications proposed for South Africa

The Quality Council for Trades and Occupations (QCTO) has proposed 13 new occupational qualifications, which are available for public comment. These qualifications range from National Qualification Framework (NQF) level 3 to level 6 and include four engineering qualifications. QCTO CEO Vijayen Naidoo published it in a Government Gazette on 14 May 2024. According to the QCTO, an occupational qualification is a “qualification associated with a trade, occupation or profession resulting from work-based learning.” V.5377

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20. May. 2024 Daily News

Visa refusal spike stalls Turkish tour companies, says sector rep

The increasing rejection rate for Schengen visa applications from Turkish citizens has brought the operations of tour companies to a grinding halt, according to a prominent industry representative. `As of 2024, even being able to apply for a visa is a success... We don`t know exactly what percentage of those who requested a visa were able to make an appointment,` said Association of Turkish Travel Agencies (TÜRSAB) head Firuz Bağlıkaya. V.5370

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20. May. 2024 News24

Home Affairs minister ordered to pay refugee R300 000 following unlawful arrest

• In June 2017, a refugee went to a Department of Home Affairs office to apply for the re-issue of his refugee papers that had been stolen during a robbery. • Instead of getting help, Ntahompagaze Abdul was arrested by Home Affairs officials on a charge of being an illegal immigrant and detained for 13 days. • The Gauteng High Court in Pretoria has ordered that the minister of Home Affairs pay R300 000 to the refugee for the unlawful arrest and detainment. The Gauteng High Court in Pretoria has ordered the minister of Home Affairs to pay R300 000 to a refugee who was unlawfully arrested at one of the department`s offices after he tried to apply for a re-issue of his refugee papers that had been stolen. V.5371

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Articles

28. May. 2024 SA MIGRATION ,NANDUTU AND OTHERS V MINISTER OF HOME AFFAIRS

Change of status from Visitor’s Visa now allowed for spouses and children of South African citizens and permanent residents meaning you can from a tourist visa to spouse or relatives visa

Spouses and children of South African (SA) citizens and permanent residents were prohibited from changing their Visitor’s Visas, used to enter South Africa, to other types of longer term visas, for example relative’s visas, study visas and work visas. These applicants had to travel abroad (to their home countries, although they perceived SA as their home country) file the required longer term visa application at the South African Mission, obtain the visa and then return to South Africa. This meant in practice that families were torn apart, the spouses’ right to cohabitation and children’s rights to dignity were infringed whilst the visa formalities had to be met. V.5405

Click here for full article

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