Spar says its workers had papers after police arrest 63

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The Spar retail group has responded to allegations by the Department of Home Affairs, saying that it does not wittingly employ undocumented migrants

Retailer Spar has denied wittingly hiring undocumented migrants as alleged by the Department of Home Affairs, which is driving a crackdown.

Home Affairs Minister Malusi Gigaba vowed last week that the department would take action against businesses employing undocumented migrants, saying this opened the way to xenophobic tension especially in communities where residents were competing for scarce resources.

The minister said the practice also left migrants vulnerable to exploitation.

The authorities had arrested 63 migrants working at three Spar branches, said Gigaba. Spar store managers at the retailer’s Montana, Doornpoort and Zambezi outlets would be charged.

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Employers charged in illegal migrants crackdown

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Action by national joint operations sees 147 undocumented migrants arrested after inspections at businesses in Tshwane and Johannesburg

Business managers who illegally employ foreign migrants without authorisation to live and work in SA are being targeted for prosecution under the Immigration Act, Home Affairs Minister Malusi Gigaba said on Sunday.

The crackdown by national joint operations has already seen seven employers charged for employing undocumented migrants and 147 undocumented migrants being arrested following inspections of 56 businesses including hotels, retail shops, garages and panelbeaters in Tshwane and Johannesburg. One business employed 46 undocumented migrants, a blatant violation of the law, Gigaba said at a media briefing of the justice, crime prevention and security cluster of ministers.

If convicted, the managers could be fined or be imprisoned for two years. None have been convicted so far with the seven employers charged recently being the first.

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Foreign Children to be Protected by the Department of Basic Education

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On 22 February, a letter was issued by a governing school in Edenvale, informing parents that if any foreign child who has incomplete documentation will be escorted by the police and the parents should fetch them at the police station. This had led to major outrage among all foreign families living in South Africa.

The Department of Home Affairs immediately took to social media addressing the situation stating that the instruction did not come from Home Affairs and that the letter must be ignored and apologised for any ‘hurt’ that may have been caused.

The Department of Basic Education has been urged by Human Rights Lawyers, to issue a Directive instructing all schools to refrain from discriminating against foreign- and even undocumented children by refusing- or charging higher fees to them. They are further requesting that the Directive should also state that the schools will assist the foreign children with obtaining the necessary documents.

The rights of children within South Africa clearly states –

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Amendment to Kenya Citizenship and Immigration Regulation

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On 30th December 2016, the Kenya Citizenship and Immigration Regulation 2012 was revised. The amendment included a new directive namely, regulation 10(2A).

The regulation 10(2A) makes provision for the cabinet secretary to waive the following requirements for stateless persons, migrants as well as their dependents –

  • Application fees
  • Required documents to support their application for citizenship

The above-mentioned has been introduced as a solution whereby stateless persons, migrants and/or their dependents may be eligible to apply for citizenship due to previous applications being unsuccessful as supporting documents and application fees were frequently not submitted.

As a result of this regulation The Makonde community based in Kenya, have been recently granted their citizenship after being stateless for over 50 years.

The Department of Home Affairs’ Salary Cap To Remain Until 2019

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The salary cap for The Department of Home Affairs and the Parliament had been requested to be reconsidered, but is still set out to remain in play until 2019.

Finance Minister, Pravin Gordhan emphasized in his ‘2017 Budget Estimate Expenditure’ that, regardless of the R34 million for the Immigration Affairs programme and R51 million for the advanced processing system, the department will need to be satisfied with the ‘compensation ceiling’.

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