Judge interdicts Operation Dudula

Human dignity has no nationality, says Judge Adams By Tania Broughton Judge Leicester Adams has granted an interdict against anti-immigrant group Operation Dudula. Members of Operation Dudula are prevented from taking the law into their own hands, uttering hate speech and demanding IDs from members of the public. The judge also ordered the government to implement the National Action Plan to...

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How can a long-term foreign mine worker in South Africa apply for permanent residence after many years of annual work permit renewals?

The short answer You qualify for permanent residence in terms of section 26 (a) of the Immigration Act, you can apply at Home Affairs, though the process can be slow. The whole question Dear Athalie I’m a man in my late forties who has worked in South Africa’s mining industry since 1999 on a work permit that I renew every year. I would like...

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Can I apply for South African citizenship if I was born here to foreign national parents but left before I turned 16?

The short answer Generally you can only apply for citizenship through naturalisation if you've only lived in South Africa until you were 18, but you could ask Home Affairs for an exception. The whole question Dear Athalie I was born in South Africa to foreign parents but I had to leave the country when I was 14 because my mother passed away and...

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Court declares asylum “filtering” system unconstitutional

People must be able to access asylum system even if they don’t have valid transit visas By Tania Broughton Parts of the Refugees Act and its regulations that allowed for Home Affairs to “filter” asylum seekers who do not have valid transit visas, have been declared unconstitutional. The Western Cape High Court agreed with the Scalabrini Centre that this put asylum...

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Am I automatically entitled to citizenship if I was born in South Africa?

The short answer No. You only qualify for South African citizenship if at least one parent is/was a South African citizen or has permanent resident status. The whole question Dear Athalie I was born in South Africa to undocumented Zimbabwean parents. I am 18 years old and want to study here. Am I entitled to citizenship because I was born in South Africa? The...

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SCA dismisses bid to appeal Zim permits ruling

Minister Motsoaledi wanted leave to appeal a ruling that declared the termination of the Zimbabwean permit programme unlawful, unconstitutional and invalid By Tania Broughton The Supreme Court of Appeal has dismissed a bid by the Minister of Home Affairs to appeal a ruling that the termination of the Zimbabwean Exemption Permit programme was unlawful, unconstitutional and invalid. The court ruled there...

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Can I get permanent residency if my child is a South African citizen?

The short answer No, but you can apply for a relative’s visa. The whole question Dear Athalie My daughter is a South African citizen. Does this mean I can apply for permanent residency? If not, are there other permits or visas I can apply for? The long answer You are not eligible to apply for permanent residence on the basis of your daughter being a...

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Long delays at Home Affairs mean refugees are missing out on social grants

Legal Resources Centre says these delays are “incredibly worrying” By Bernard Chiguvare Refugees living in Limpopo say they have not been able to renew their status for a number of years at the Department of Home Affairs. As a result they cannot get social grants for their children. The Legal Resources Centre says people not being able to renew permits at...

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Police are preying on immigrants, say human rights organisations

Immigrants are not reporting crimes or seeking assistance from law enforcement as they fear extortion or deportation 2 December 2022 | By Kimberly Mutandiro Organisations working with immigrants say they have had numerous complaints of police extorting bribes and stealing from African immigrants. They say undocumented immigrants are too afraid to report such crimes; they are even too afraid to report any crime. ...

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Cape Town Refugee Reception Centre finally takes shape

After a court battle lasting ten years, the new centre is set to open next year By Tariro Washinyira The long-awaited Cape Town Refugee Reception Centre in Epping is finally taking shape, with builders hard at work on the site of the new building. The office is due to be opened early next year after court battles which have lasted ten...

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