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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FEDHASA sheds light on immigration and labour regulations

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A recent media briefing, after a meeting between Malusi Gigaba, South Africa’s Minister of Home Affairs, and industry stakeholders including the Federated Hospitality Association of South Africa (FEDHASA) has raised some concerns in the hospitality and tourism industry.

There has been reference to a requirement for all businesses in the South Africa to employ a minimum of 60% South African citizens. However, this requirement, a provision in the Immigration Act and Regulations, only applies when a foreigner makes application to the Department of Home Affairs for a business visa with the intention of starting or investing in a business in the country.

One of the conditions attached to the business visa is that the applicant undertakes to employ not less than 60% South Africans including permanent residents within a period of 12 months from the date of issue of the visa. There is currently no provision in South African labour legislation that makes reference to the employment of a minimum of 60% South Africans.

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