`The Western Cape High Court ruled on Thursday that ‘screeners` at the Cape Town Home Affairs offices cannot refuse to accept the public`s application forms that they believe are defective. The Western Cape High Court has ruled that screeners at Home Affairs offices who turn people away and refuse to take applications that they deem to be defective are acting unlawfully and outside the scope of their jobs.The case before court was brought by De Saude Sadat Darbandi Immigration Attorneys and a number of their clients who were turned away from Home Affairs offices.The applicants challenged a practice by the Department of Home Affairs to screen and then bar access to people who wish to file applications in terms of the Citizenship Act and/or Births and Deaths Registration Act.The focus of the case was specifically on Cape Town Home Affairs, but in her ruling, Judge Constance Nziweni said the general question was whether the department`s screeners could turn people away if they believed their application was defective.Aggrieved members of the public, the lawyers and the Home Affairs officials all agreed that people are frequently turned away. The legal argument on behalf of the aggrieved members of the public was that Home Affairs screeners are not legally authorised to make any decisions on these applications.``The application is strenuously opposed by [Home Affairs]. The department refers to the process as a ‘screening` of applications prior to their acceptance, capturing and dispatching to the Pretoria hub. The department maintains that the screeners in Cape Town perform a bureaucratic or administrative function of screening applications in terms of checklists,`` Nziweni said.According to papers before court, attorneys from De Saude Sadat Darbandi alleged that each and every time it takes clients to file applications at the Cape Town office, officials at that office have irregularly and arbitrarily refused to accept the applications.This is not done in writing and only informal reasons are offered, which are “difficult to comprehend``. They further argued that the screeners` job is to give advice on how to remedy a defective application. Arbitrarily turned awayOne of the applicants who was turned away was trying to do a late registration of her birth, but she was told only people with South African parents could apply. A man who held dual citizenship in Namibia and South Africa was turned away with claims that he was an illegal foreigner.Another man was turned away for not providing additional verification of his permanent residence permit. This is in spite of the fact that a copy of his permit was included in his application, and an original verification of the permit obtained from the department.Another person was turned away when an official stated she needed fingerprint clearance from the South African Police Service for her application, even though the law does not stipulate this. Two others were turned away after officials claimed that their parents wrongfully and fraudulently obtained permanent residence and/or citizenship. They were informed that they were illegal foreigners and were refused help.Another applicant was turned away when officials claimed she needed to bring a DNA test proving that her father is South African and a form signed by her father. Yet another was prohibited from submitting his citizenship application when an official told him that an investigation against him was under way, which rendered his application ineligible. It was alleged that he was not given the details of the investigation. It is also alleged that to this day, he has not been able to apply for citizenship.Home Affairs defends practiceAccording to the department`s court papers, the screeners are fully fledged Home Affairs officials who can perform these duties and also do walkabouts to ask if anybody needs help.According to Home Affairs, the existence of gatekeeping in Western Cape is necessary and a “rational practice that is intended to conserve time and resources for both the department and the public``. Home Affairs also argues that it is legal for screeners to ensure applicants comply with checklists.The Home Affairs legal team said screeners play an important role in preventing officials in Pretoria from becoming overwhelmed with incomplete forms.“If the public is allowed to abuse the system by insisting that their non-compliant applications be taken in, that would result in undesirable outcomes for both the public and the

department.``Nziweni unpacked the justification for Home Affairs` use of screeners at its offices.“The department is an administrative authority that is responsible for a number of governmental and public functions. Conversely, the Constitution vests a responsibility to the courts to protect rights that are enshrined in our Constitution and to scrutinise government policies and procedures to ensure that they are predicated on constitutional values.`` She said it was undeniable that the department receives an overwhelming number of applications. “The screeners mitigate the burden by limiting the number of applications that may be presented to the Pretoria hub. The screeners are necessary and perform a valuable, sensitive and extremely important service to the department and members of the public. Screening is intended to enhance the quality of services and increase efficiency, among other objectives.“Due to the early elimination involved in the screening process, significant time and costs are saved and not expended on a defective application. This does not imply, however, that the screening process should be a mechanism that creates a barrier to the accessibility of the public services system,`` she said.“The aim of the screening process is to verify whether an application satisfies all the checklist requirements prior to its submission to the Pretoria hub. Similarly, it entails making sure that members of the public have access to the services offered by the department`s Pretoria hub. Thus, it is imperative that the screening should be administered by skilled officials.“In the context of this case, the screeners are intended to act as an intermediary between an applicant and the Pretoria hub to prevent and curtail unnecessary delays. Accordingly, this necessitates a process of screening through numerous applications.“In doing so, the officials are, in effect, the principal screeners determining what applications should or should not advance. Therefore, as mentioned previously, they wield considerable authority, insofar as it pertains to the determination whether or not applications of persons would be accepted, processed and reach their intended destination [Pretoria hub] for a decision.``Unlawful screeningNziweni said it was of great concern that the screeners in Cape Town did not merely offer advice but took decisions to refuse applications.She pointed out that Home Affairs did not deny that its screeners were refusing to take forms from members of the public as they believed them to be non-compliant. Nziweni ruled that while the screening process might help with the early identification of defective applications, the screeners do not have the final word as to whether an application should be accepted for submission to the Pretoria hub. She pointed out that affidavits before court demonstrated that the screeners in Cape Town lacked certain levels of expertise to make decisions.She added that there is no legal explanation of whether a screener can refuse to take an application if it doesn`t comply with their checklists.“Refusal to accept an application would be unfair and violate the rules of natural justice as it does not provide an applicant with an opportunity to respond to the screening officer`s concerns.“Thus, it is pertinent to note that the screening officials have no discretion with respect to accepting or refusing the applications. Moreover, the negative effect of the refusal to dispatch the application to the Pretoria hub, is that the screening official does not owe the applicants any procedural fairness,`` Nziweni said.“The practical and functional advantages of having a screening body cannot be understated. Notwithstanding that, the officials cannot usurp the power that they do not have,`` she added.Nziweni suggested that when a screener finds an application to be defective but the member of the public disagrees, the application should be dispatched to the Pretoria hub, to a specific point that handles applications that are primarily viewed as being non-complainant.She made an order that officials` refusal to accept applications they deemed to be defective is unlawful.` V.5998

`A number of human rights bodies are taking the Department of Home Affairs to court to stop the arrest of newcomer refugees at South African reception offices. (Photo: Leila Dougan) ``This case is fundamental to ensure that people are not returned to persecution, torture, violence or war,` said James Chapman, head of advocacy at the Scalabrini Centre. The Western Cape High Court has reserved judgment on a constitutional challenge by the Scalabrini Centre of Cape Town - an immigrant organisation - and Lawyers for Human Rights to amendments to the Refugees Act that are used by Home Affairs officials to arrest and deport asylum seekers.The court also extended an interdict that prohibits the department from deporting any foreign national in SA if the foreign national has indicated an intention to apply for asylum.` V.5997
Click here for full article

`Although the Green Mamba has climbed a few places in global passport rankings, holders still need to overcome frustratingly high entry barriers to many sought-after destinations -While the South African passport has improved in global rankings, it still requires visas for most high-demand destinations.-For those without ancestral citizenship or familial options, several countries offer second passports through investment - at a significant cost.-Here are some countries that offer passports for purchase - and how much you can expect to pay.If there`s one thing South African travellers love to complain about, it`s visas. And with good reason.Although the Green Mamba has climbed a few places in global passport rankings, it still requires holders to overcome frustratingly high entry barriers for many sought-after destinations.For this reason, securing a passport from a country with greater visa-free access is the ultimate travel hack.The only catch? Unless you have ancestral ties to a country like the UK or, increasingly, Lithuania, your options are limited to marriage - or paying a significant sum of money.` V.5999
Click here for full article

`Clerical officers at the Cape Town Home Affairs Department have been described as ``gatekeepers” for turning away citizenship applicants with documentation that they perceived to be defective. Clerical officers at the Western Cape’s Home Affairs Department have been described as ``gatekeepers” who have acted unlawfully, as they refused to accept citizenship applications at the offices in Cape Town. De Saude Sadat Darbandi Immigration Attorneys (DSD Law) represented seven applicants who alleged they had problems associated with the submission of application forms in which Department of Home Affairs officials (screeners) refused to accept their applications, which they perceived to be defective. According to the applicants who have attempted to apply for citizenship, screeners insist on documents that are not prescribed by law; they are unreasonable, superfluous, or simply impossible to provide. ` V.6000
Click here for full article

`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