PAIA Requests and Home Affairs

Ultimately, one of the purposes of the access to information which is held by the state, as provided by the Promotion of Access to Information Act, 2 of 2001, [“PAIA”], is to obviate unnecessary litigation and the accompanying waste of State and other resources. Section 25(1) of PAIA provides that “the information officer to whom… Continue Reading

Bringing Your Foreign Spouse to South Africa

For purposes of immigration law there is no distinction between married and unmarried couples nor is there a permissible distinction arising from the couple’s sexual orientation. The key issue for the Department of Home Affairs, in this regard, is whether or not the couple are in a relationship that is monogamous, is in good faith… Continue Reading

Marriage or Civil Unions and Residence

The Immigration Act No 13 of 2002 “The Act” does not differentiate between spouses who are married to one another or are in customary unions, civil unions or merely cohabiting as permanent cohabitative partners. Source: Julian Pokroy Chairperson: Immigration Nationality and Refugee Law Committee of the LSNP Chairperson: Immigration and Refugee Law Committee of the… Continue Reading

Detaining Illegal Foreigners

The powers given to immigration officers to arrest and detain “illegal foreigners” in terms of the Immigration Act have been described by the Courts as drastic and draconian. Whilst the legality of those powers of arrest and detention will hopefully continue to enjoy legal scrutiny, two recent decisions of the South African courts warrant brief… Continue Reading

Uncertainty about Immigration Act appeals

Section 8 of the Immigration Act, 13 of 2002, contains the core of the internal appeal and review processes of that Act.   Source: Chris Watters, Attorney Bedfordview Section 8(3) of the Immigration Act [‘the Act’] lays the basis for the appeals with its stipulation that “any decision in terms of this Act [other than a… Continue Reading

Divorce, the Foreign Spouse and Home Affairs

The expat’s right of residence in SA, based on the spousal relationship, is a very delicate creature. In terms of Home Affairs’ practice, as soon as the relationship ends, the temporary residence permit is deemed to end Source: Chris Watters, Bedfordview Those amongst us who studied Latin may recall the story that, many years ago,… Continue Reading

The Zimbabwean Amnesty

The recently announced amnesty for Zimbabweans who either do not have the correct – or any – temporary residence permit or who instead even have false South African documents, is both good news and bad news Source Chris Watters The facts of the matter are as follows. Home Affairs will issue a work, business or study permit… Continue Reading

South African Law Blogs

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