People going to any Refugee Reception Centre in Cape Town , Gqeberha ( Port Elizabeth ) Marabastad Pretoria & Mesina know this if you never reported to border post to get an asylum transit visa when you go for the first interview for asylum you will be arrested if you don’t have this and you will be brought before a magistrate to explain why you never got it . If you cannot convince magistrate you will be deported

Gauteng High Court rules in favour of Motsoaledi on detention of illegal immigrants

The Gauteng High Court, Johannesburg, has ruled in favour of Home Affairs Minister Dr Aaron Motsoaledi following an application by a group of illegal immigrants that their detention at the Modderbee Correctional Services Centre in Benoni was unlawful and against immigration and refugee acts.
However, the court, in its judgment, found no basis for this argument, saying the mere expression of intention to apply for asylum does not trigger the protections in section 2 of the Refugees Act 130 of 1998 section 21(1b) requirement to show good cause for illegal entry and stay in the country.
At the centre of the matter is an application made by Thomas Godiso, Abi Osman Yusuf and four others on an urgent basis, seeking to interdict the the minister and other respondents from detaining, prosecuting and deporting them until their status has been lawfully and finally determined in terms of the Refugees Act 2 as amended.
The applicants also sought declarators that their continuing detention is unlawful and that, in terms of section 2 of the Refugees Act, they are entitled to remain lawfully in the Republic of South Africa until their applications for refugee status are finally determined in terms of the same act.
In addition, the applicants also sought orders directing the minister and director-general of Home Affairs, that upon submission of their applications for asylum, the minister and others must accept same and issue them with temporary asylum seeker permits in terms of section 22 of the Refugees Act, within 15 days, pending finalisation of their asylum seeker applications, including the exhaustion of their right of review or appeal in terms of chapter 3 of the Refugees Act and the Promotion of Administrative Justice Act.
Judge Dunstan Mlambo on Thursday dismissed the application made by the six illegal immigrants, ordering the applicants to pay the minister, his director-general, and the national director of public prosecution costs for the amendment application.
“The first, second, third and fourth respondents are directed, to the extent necessary, to take all reasonable steps, within 60 days from the date of this order, to afford the applicants an opportunity in terms of section 21(1b) of the Refugees Act 130 of 1998, read with regulation (8)(3) thereto, to show good cause is not established, to unfold until it is finally determined.
“The first, second, third and fourth respondents are directed to approach the magistrate’s court, for the extension of time should the review or appeal process not be finalised within the 60-day period. The request should be accompanied by a report directed to the magistrate’s court, setting out what steps have been taken and why the process has not been finalised within the 60-day period,” the judge said in his ruling.
The applicants, some of them from Ethiopia and Somalia, have argued that they were persecuted in their home countries.
Degefa Lembore and Temesgen Matiwos

were arrested on September 1, 2023, in Germiston and Johannesburg respectively, while Godiso and Teketel Hajiso were arrested on June 2 and August 3, 2023, respectively, in Daveyton. They argued in court that while living in Tigray, Ethiopia, they were persecuted by the ruling party for their political and religious beliefs due to their mobilisation efforts as members of the Ethiopian People’s Revolutionary Party, an opposition political party.
They further stated that Ethiopia’s ruling party terrorised, persecuted, tortured and killed members of their political party, including their family members, leading to seeking refuge in the country.
They also indicated that they were not aware of the procedure to be followed when applying for asylum and as a result were unaware of both the old and new regulations promulgated in terms of the Refugees Act.


Extract from Court Judgement High Court - Illegal Foreigner 2 Asylum- Osman - 8 Feb 2024
How new comer asylum will work in future

[91] Accordingly, the law may be restated as follows
91.1 It is an offence in terms of section 9(1) and 49(1) not to enter South Africa
at a port of entry and to stay in the country in contravention of theImmigration Act.
91.2 It is not unlawful to arrest and detain any person who has contravened the
Immigration Act regarding entry and stay in South Africa.
91.3 The arrest and detention of persons who have contravened the Immigration
Act does not violate the non-refoulment protection in section 2 of the
Refugees Act.
91.4 The mere expression of in intention to apply for asylum does not entitle any
person to be released from detention where such person is detained for
contravening the Immigration Act.
91.5 It is unlawful and therefore a violation of the non-refoulment principle to
deport persons who contravened the Immigration Act, if they express an intention to apply for asylum.
91.6 Persons detained for contravening the Immigration Act and who express a
desire to apply for asylum must first show good cause for their illegal entry
and stay in South Africa.
91.7 Upon the first appearance of a person arrested for contravening sections 9
and 49 of the Immigration Act, who expresses in intention to apply for asylum, the Magistrate in line with section 21(1B) and regulation 8(4) read with regulation 8(3).
91.8 At any stage of a person detentions and who evinces an intention to apply or asylum, the Department of Home Affairs must assist such a person by facilitating their interview to show good cause. 91.9 Any foreign national convicted and sentenced for transgressing sections 9 and 49 of the Immigration Act is liable to be deported in terms of section 34 unless he at that stage expresses an intention to apply for asylum. In that event such person must be assisted to attend an interview to show good cause.
91.10 Upon the successful showing of good cause, the detained person must be
assisted to apply for asylum and a temporary asylum transit visa must be
issued to such a person.
91.11 Upon the issuing of a temporary asylum transit visa such a person is entitled
to be released and must apply for asylum within the prescribed timeframes. V.5200

`Home Affairs Minister Leon Schreiber says a security guard at the Randburg office has been ‘removed’ from his post after he allegedly pepper sprayed angry citizens this week.A video showing irate members of the public has since gone viral on social media, wherein a security guard is seen waving a pepper spray as he demands members of the public to go outside. This occurred as frustrations came to a head at the Home Affairs Randburg branch when the system went offline, causing undue frustration for the members of the public. Taking to X, Schreiber said he was horrified when he learnt about the video on Thursday morning and that action had since been taken against the security guard involved. “I was appalled upon receiving this video at 10:50 this morning. An investigation was launched immediately, and by 17:00 the individual in question was removed. ` V.5990
Click here for full article

`Amendments made to the Refugees Act in 2023 are unconstitutional because they allow asylum seekers to be deported before they are able to access the asylum system. This puts them in danger and at risk of persecution. This was the main argument made by the Scalabrini Centre of Cape Town, an immigration rights organisation, in the Western Cape High Court before a full bench on Thursday. The amendments, which Scalabrini wants the court to declare unconstitutional, allow for asylum seekers who have entered the country unlawfully and do not have a valid visa, to be denied full access to the asylum system after an initial “filtering” interview with an immigration officer.` V.5985
Click here for full article

`Leon Schreiber’s department has been celebrated for bold moves, but too often its officials remain ill-informed or indifferent. Throughout the second half of 2024 Leon Schreiber was one of the most observed and often praised GNU ministers. An expert on public sector reform, Schreiber could be the antidote to the institutional entropy from which the Department of Home Affairs (DHA) has suffered for decades, or “dry rot” as a renowned organisational theorist called it.Schreiber has not been shy in adopting a proactive approach to the implementation of change within the department he heads. Nevertheless, the reality he will have to contend with internally in 2025 and beyond is that DHA remains systematically wanting of the necessary competency to perform its duties. ` V.5986
Click here for full article

`Certainly! The question “What is the investment amount that is required for a South African business visa application?” pertains to the financial requirements for obtaining a business visa in South Africa. This visa is designed for foreign nationals who wish to establish or invest in a business in South Africa. Below is a detailed explanation of the investment amount and related considerations:1. Purpose of the Business VisaThe South African business visa is intended to attract foreign investment and stimulate economic growth by allowing foreign entrepreneurs to establish or invest in businesses that will benefit the country. The visa is granted based on the applicant`s ability to contribute to the local economy, create jobs, and transfer skills.` V.5987
Click here for full article

`Registering a business in South Africa involves several steps, primarily handled through the Companies and Intellectual Property Commission (CIPC), the South African Revenue Service (SARS), and other regulatory bodies. Below is a step-by-step guide:Step 1: Choose a Business StructureBefore registering, you need to decide on the type of business entity. The common structures in South Africa include:1.Private Company (Pty) Ltd - Most common for entrepreneurs and small businesses. Limited liability for owners.2.Public Company (Ltd) - For businesses that plan to list on the stock exchange.3.Sole Proprietorship - Owned by one person, personally liable for debts.4.Partnership - Two or more people share ownership and liability.5.Co-operative (Co-op) - Member-owned business.6.Non-Profit Company (NPC) - Used for charities and social organizations.` V.5988
Click here for full article

`Investing into the Book Value of a Business for South African Immigration PurposesFor South African business visa and business-related residency applications, the term ``investing into the book value of the business`` refers to the financial commitment a foreign investor makes into a South African company. This investment is assessed based on the book value of the business, which represents its total assets minus liabilities, as recorded in its financial statements.1. Understanding ``Book Value``The book value of a business is the net worth of the company, calculated as:Book Value=Total Assetsâˆ`Total Liabilities\text{Book Value} = \text{Total Assets} - \text{Total Liabilities}Book Value=Total Assetsâˆ`Total LiabilitiesThis means that if a business owns R10 million in assets but has R2 million in liabilities, its book value is R8 million.For immigration purposes, an investor must inject capital that increases this book value, either by adding cash, assets, or investments into the business.` V.5989
Click here for full article

`Home Affairs Minister Dr Leon Schreiber has welcomed President Cyril Ramaphosa’s endorsement of the department’s digital transformation agenda. This initiative aims to digitise and automate all services, making them accessible to South Africans from the comfort of their homes.In his State of the Nation Address (SONA) on 6 February 2025, President Ramaphosa highlighted the importance of investing in digital public infrastructure. He announced plans to implement a digital identity system within the next 12 months to eliminate identity fraud, expand social and financial inclusion, and ensure seamless access to government services. The President also mentioned the launch of a modern Electronic Travel Authorisation system, driven by artificial intelligence, to automate tourist and short-stay visas. ` V.5991
Click here for full article

`A Bloemfontein man, Vuyo Liphoko, has been struggling with the Department of Home Affairs for over 15 years, facing ongoing issues with his identity documents that have severely impacted his life.Liphoko’s ordeal began in 2003 when he was in Grade 10 in Botshabelo and applied for an identity document (ID) both privately and through his school. Despite repeated applications, he never received his ID before matriculating in 2006, which prevented him from pursuing tertiary education.“My birth certificate was an old handwritten one with just my birth date. I applied in Botshabelo and Welkom, where my family lives, but nothing happened,” said Liphoko.He was later advised to apply in Brandfort, his place of birth, yet still had no success. With no ID, he had to abandon his dreams of becoming a medical doctor and take on informal jobs. Liphoko eventually received his ID in 2007. However, another challenge arose in 2009 when his family attempted to amend their surname to his father’s. While his parents and siblings successfully changed theirs, Liphoko’s surname remained unchanged.` V.5992
Click here for full article

`A senior official in the department of home affairs, who allegedly demanded kickbacks from service providers to approve their invoices, has been suspended.On Friday, Home Affairs Minister Leon Schreiber confirmed in an X post that Percy Tshabane, the department`s acting chief of director of employee engagement, had been suspended pending a thorough investigation into allegations that he solicited bribes to approve the payment of service providers. The official in question has been suspended and a full investigation is underway.Home affairs minister Leon Schreiber on Friday confirmed that Percy Tshabane has been suspended pending a thorough investigation.Noko Mashilo/Daily Sun City Press reported on 9 February that one lawyer, who identified himself as Mareng Mareng, had alleged that lawyers were being frustrated by the department`s chief director responsible for legal.` V.5993
Click here for full article

`Shortly after taking office in January, US President Donald Trump ordered a 90-day pause on foreign aid. - and asylum seekers in South Africa have received notices from the United States terminating their funding. - This comes after US President Donald Trump initially ordered a 90-day pause in foreign aid in January. - A human rights lawyer has said the cessation of this sort of funding will have a devastating impact. Just weeks after the United States invited Afrikaners to become refugees, the US Department of State`s Bureau of Population, Refugees and Migration has cut off funding to civil society organisations providing services to refugees and asylum seekers in South Africa.Shortly after taking office in January, US President Donald Trump ordered a 90-day pause on foreign aid. A month later, and despite pending litigation, the Trump administration has started terminating most US foreign aid contracts and grants, Reuters reported. Organisations in South Africa that provide services to assist refugees and asylum seekers who migrated to the southern tip of Africa have not been spared. ` V.5994
Click here for full article