Only an immigration officer may arrest a person deemed an illegal foreignerThe process of deporting illegal foreigners in South Africa is governed by the Immigration Act which empowers the home affairs department to arrest, detain and deport people who are not entitled to stay in the country. Home affairs minister Leon Schreiber, in a reply to a parliamentary question, said the department spent close to R53m between April and August to deport 19,750 illegal foreigners.The Scalabrini Centre of Cape Town, a nonprofit organisation which helps migrant communities and displaced people, details the process which must take place after someone has been found to be illegally in the country. The centre says there are certain groups of people who may not be detained for the purposes of deportation. These include asylum seekers and refugees, who are protected against deportation as this might lead to them being persecuted back home. The Immigration Act defines an illegal foreigner as a foreigner who is in the republic in contravention of the Immigration Act, or someone who does not have an asylum-seeker permit, formal recognition of refugee status or a refugee ID, or a valid permit or visa in their passport. The centre said to facilitate deportation, the department works with authorities of the foreign nationals country of origin to ensure they will be received upon return. The law is clear: only a police officer or an immigration officer may take a person suspected of being an illegal foreigner into custody. Only an immigration officer may arrest a person who is determined to be an illegal foreigner, or cause them to be arrested by a police officer. Only an immigration officer is able to determine that a person is an ‘illegal

foreigner’ in terms of the Immigration Act,” the centre said. Detained people will usually be held at some police stations, prisons, detention facilities and offices under the management of the department. Those detained for deportation may be transferred to the Lindela Repatriation Centre in Krugersdorp, the countrys only immigration detention facility. Lindela is managed by facilities management company EnvironMongz, which also provides security services on behalf of the department.Scalabrini alleged many people detained at Lindela were not able to access the rights entitled to them.Detainees are frequently subjected to unlawful detention periods (including over 120 days), illegal sentencing, restricted access to legal representation, a lack of availability of interpreters, corruption and bribery, and the use of force. One of the latest issues that brought a legal challenge from Scalabrini this year was the alleged detention and deportation of asylum seekers before they could make an application for asylum. Scalabrini said this disturbing new practice of unlawfully arresting asylum seekers at refugee reception offices across South Africa began nationwide in November last year. In September this year, the Western Cape High Court granted an interim order interdicting the department from initiating any process to deport any foreign national present in South Africa, if that person has indicated their intention of applying for asylum, until their asylum application is determined on the merits. Part B of the case, which will be heard at a later date, will address the constitutionality of the contested provisions. V.5691

For the past three years, an 11-year-old girl from Mpumalanga has lived apart from her mother and siblings, longing for a reunion that seemed just out of reach.Since her mother accepted a diplomatic role in Mauritius when she was nine, the child has been under the care of her paternal grandparents in Mohlaletse village near Grobersdal in Limpopo, waiting for the day she could join her family.Now, after an emotionally charged legal battle, the Mpumalanga High Court in Mbombela recently ruled in favour of reuniting the child with her mother and siblings.This decision grants her the chance to finally leave South Africa and start a new life with her family in Mauritius. And it promises stability, familial love, and the academic opportunities she has missed. V.5695
Click here for full article

South Africas Home Affairs and Employment and Labour departments have high-risk employment sectors in their sights and could soon crack down on illegal workers in the on-demand delivery space.This could pose a significant challenge for on-demand and fast food delivery services like Bolt, Checkers Sixty60, Pick n Pay asap!, and Uber Eats.While these companies vet and check driver identity documents as part of their signup processes, Home Affairs appears to have a significant fraud problem, and many of the asylum documents or work permits held by drivers may be fraudulent.Minister of Employment and Labour Minister Nomakhozana Meth, in response to recent parliamentary questions, said her department plans to target high-risk sectors.In partnership with law enforcement, the Departments of Home Affairs and Employment and Employment and Labour have been conducting raids at restaurants nationwide to identify and remove illegally employed foreigners. V.5694
Click here for full article

Diaspora remittances by Kenyans living and working in South Africa have posted a recovery after years of subdued performance in the post-pandemic period largely on difficulties in getting work permits for skilled workers despite a visa-free deal between the two countries.Yes, the amount of money sent home by Kenyans in South Africa has increased despite difficulties with work permits: Remittances are up V.5692
Click here for full article

The Department of Home Affairs (DHA) Counter Corruption and Security Services branch has busted various individuals, including the kingpin of a syndicate that helped businesses bring in illegal foreign nationals on forged documents.Thirty-four individuals have been dismissed from the department, of which 13 have been sentenced. Depending on their level of involvement, those convicted face jail time ranging from four to 26 years.This was revealed in the DHA Counter Corruption and Security Services branchs presentation to the Portfolio Committee of Home Affairs on Tuesday, 29 October 2024.The branch said it employed a multi-disciplinary approach to catch those involved in the syndicate after a whistle-blower informed it about foreign nationals getting South African passports through photo swap fraud. V.5693
Click here for full article

The Department of Home Affairs proposed premium service would not be about fast-tracking document applications, but about offering delivery options, home affairs minister Leon Schreibers spokesperson has said.Schreibers spokesperson, Duwayne Esau, was responding to a MyBroadband report based on statements made by a home affairs official in parliament last week.The deputy director-general for civic services, Thomas Sigama, told the Parliamentary Portfolio Committee on Home Affairs about the idea.“We are looking at the possibility of a so-called ‘premium service’ wherein… you will get your documents in a very short space of time,” Sigama said. V.5696
Click here for full article

A new legal framework is being touted to maximise the potential of the township economy.Minister of Corporate Governance and Traditional Affairs (Cogta) Velenkosini Hlabisa last week gazetted a draft by-law aligned with the Municipal Systems Act of 2000.Informal traders in economically underdeveloped areas have been central to the debate around food poisoning which has claimed the lives of at least 20 children in the last few months. V.5697
Click here for full article

Germany and Somalia reached an agreement to deport undocumented Somali nationals from Germany.The German Chancellor, Olaf Scholz, said migrants without the right to stay in Germany would be repatriated quickly and effectively.At present, 65,000 Somalis live in Germany.The leaders of Germany and Somalia have agreed to step up the repatriation of undocumented Somalis in Germany. V.5690
Click here for full article

On Tuesday, the Constitutional Court heard arguments from the DA that sought to confirm a ruling by the Supreme Court of Appeal (SCA) that the government cannot remove someone’s citizenship simply because they are also a citizen of another country.The roots of this case go back more than a decade. The Home Affairs Ministry, currently headed by the DA’s Leon Schreiber, did not argue in the case, but simply said in court it would abide by its decision. This followed an earlier decision by his predecessor, the ANC’s Dr Aaron Motsoaledi. While he had first opposed the case, before the election this year, he had said publicly he would not oppose the ratification of the SCA’s judgment by the Constitutional Court.Legally, one of the questions at the heart of the case is whether the minister of Home Affairs has the power to make a decision that is so important to a person’s life. V.5689
Click here for full article

The tourism sector remains a cornerstone of the South African economy, driving economic growth and job creation. While various provinces are vying for the title of South Africas top tourist destination, Gauteng has consistently emerged as the popular choice for both domestic and international visitors.In a recent parliamentary response to the DAs Haseena Ismail, Tourism minister Patricia de Lille unpacked some of the key figures in the countrys critical sector since 2022.According to the minister, of the approximately ~5.7 million international tourists that visited South Africa between January and December of 2022, 2.3 million visited Gauteng, followed by Mpumalanga at 1.2 million and the Western Cape at 0.9 million. V.5688
Click here for full article

They are facing charges of contravening various sections of the Immigration Act.Two men accused of producing fake home affairs documents have been released on bail.Khalid Hoosen, 58, and Sirajbhai Isiyailbhai Patel, 56, made their second appearance in the Durban Magistrates Court in KwaZulu-Natal (KZN) on Tuesday.National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said they are facing charges of contravening various sections of the Immigration Act, 2002 (Act No.13 of 2002). V.5683
Click here for full article