The crux of the issue in the ConCourt judgment
The ConCourt judgment amongst other matters ruled that a person who is illegal in South Africa cannot be arrested and deported IF they express an INTENTION to apply for asylum. Effectively, if an illegal immigrant just EXPRESSES an intention to apply for asylum they have to be released.
Yes we know asylum application doesn’t mean refugee status nor citizenship. The crux of the issue is what does an asylum application mean and what is afforded to people who merely posses a Section 22 permit.
A Section 22 permit is a legal document that is issued to an individual that has applied for asylum in South Africa whilst they await for Home Affairs to make a decision.
A holder of a Section 22 permit can access SRD grants, is legally enabled to study, be employed and run businesses in South Africa.
Auditor General back in 2020 stated, to clear the backlog on asylum applications and appeals, if no new applications are received it will take 68 years for Home Affairs to clear the backlog.
Home Affairs indicates, it takes between 5-10 years for a decision to be finalised on an asylum application given the appeals & court processes. This is unlikely to change as the Refugee Status Determination Officers are less than a 100 for the whole country.
The troubling feature as stated by Home Affairs is that 95% of asylum applications are denied as not meeting the legal requirements of a refugee.
Home Affairs doesn’t have a system to track and trace individuals who are asylum applicants. Most asylum applicants receive the Section 22 permit fail to report to Refugee Reception Office & continue to live in SA without lawful documentation.
Home Affairs doesn’t have systems to adequately ascertain whether asylum seekers are not fugitives. Fulgence Kayishema was criminally indicted for the killing of 2000 people in Rwanda. He came to South Africa seeking asylum and was given a refugee status, he lived in the country under a false name for more than 20 years working.
The Employment Services Amendment Bill proposes a removal of an “asylum seeker” in the definition of a foreign national. Meaning a foreign national who is illegal in the country, who has just merely applied for asylum is afforded the same rights as a citizen. This is even though 95% of asylum applications do not meet legal requirements and it takes a minimum of 5 years for an application to be finalised. In those years, they are legally entitled to work just like citizens.
The anger directed to the South African government by its citizens is legitimate. This ruling effectively means an illegal immigrant can have legal status in South Africa through an asylum application.
Even though 95% of these applications are not legitimate, they will still get to have access to work and business opportunities, SRD grants until the applications are finalised which takes years.
China doesn’t play around with its immigration laws, why can’t South Africa do the same?
A Nigerian woman living in China celebrated her birthday with friends, including fellow Nigerians. Later one of the guys called her claiming he was having trouble reaching his roommate & asking if he could sleep at her apartment. She agreed & he slept downstairs on the couch.
Few moments later there was a knock at the door, she went to open it but the man warned her not to because it was the police looking for him. She didn’t open 😂so the police broke it down & explained that the man was in China illegally & had been tracked through street surveillance cameras.
She was also evicted from the flat for harbouring an undocumented foreigner & the landlord was questioned & told the apartment is now a crime scene & is not allowed to put new tenants.
This is how seriously some countries enforce their immigration laws.
Imagine your government consists of a party of people who don’t know how to use features of a simple IEC website. The same are building an online system supposed to handle asylum applications from al over Africa, Pakistan ad Bangladesh. The next thing you know, they will have granted full citizenship to the population of the whole world because someone forgot to click the #SubmitButton #ConCourt
The ConCourt is starting to be a problem in this country.
First they want SA to forget about immigration laws and accommodate the whole of Africa.
Now they want the IEC to forget about its deadline and accommodate the ANC for a mistake Fikile Mbalula made
WHAT THE ACTUAL FUCK IS GOING ON AT @HomeAffairsSA! 🤬
IS SCALABRINI NOW A PARALLEL HOME AFFAIRS DEPARTMENT? HAVE YOU OUTSOURCED YOUR CONSTITUTIONAL RESPONSIBILITIES TO AN NGO?
How the HELL is a document that ANYONE can download, print, complete and have signed by a friend supposed to establish someone's identity or immigration status?
NO OFFICIAL DHA LETTERHEAD! NO STAMP! NO INDEPENDENT IDENTITY VERIFICATION! NO GOVERNMENT ISSUED REFERENCE NUMBER!
WHO VERIFIES THAT THE INFORMATION IS TRUE? How do officials establish that the person presenting it is who they claim to be? What prevents someone from filling in completely fictitious details?
And here's the million rand question: HAVE DHA IMMIGRATION OFFICIALS AND SAPS BEEN INSTRUCTED TO ACCEPT THESE DECLARATIONS DURING IMMIGRATION INSPECTIONS?!
If so, WHO ISSUED THAT INSTRUCTION, and under WHAT LEGAL AUTHORITY?!
A declaration of intention is NOT an asylum permit! A Constitutional Court judgment does not magically transform an unverified, self-completed document into government-issued identification!
WHAT LEGAL STATUS DOES THIS DOCUMENT ACTUALLY HAVE, AND WHAT VERIFICATION SAFEGUARDS EXIST?
South Africans deserve answers, not another administrative circus where nobody knows who is accountable!
@HomeAffairsSA@Leon_Schreib, ARE YOU RUNNING THIS DEPARTMENT OR HAS SCALABRINI TAKEN OVER?
It took 3 months to fix a driver license system and that created backlogs. It takes less than 2 weeks to invent and create a new system for Asylum seekers. The government can is really working
I’ll never forget the day I went to @HomeAffairsSA . I woke up at 03:30 and got there at around 04:00. I was probably the third person in the queue, but because it was raining, I waited in my car. Come opening time, a bus full of people, I think they were Bangladeshis or Pakistanis, arrived, and guess who got assisted first? Them! Meanwhile, South Africans had been there since the crack of dawn. 😭…. I complained , & the guy was fired after, so that say&!!
There is a 65 year old woman in my village who has NEVER had an ID. For over 20 YEARS @HomeAffairsSA has sent her from pillar to post, with absolutely no resolution! Imagine growing old in your own country, begging your own government to recognise your existence! 💔 They have created a system that doesn't just exhaust citizens physically, but bleeds them financially until they simply give up! The indignity, the cruelty, the absolute CONTEMPT for ordinary South Africans! I am definitely going to advise her that she presents herself as an asylum seeker. Sad that is the option she’s left with but WHAT DOES IT SAY ABOUT A GOVERNMENT WHEN ITS OWN CITIZENS FEEL INVISIBLE IN THE COUNTRY OF THEIR BIRTH?! 65 YEARS OLD! NO ID! NO ACCESS TO HER OLD AGE PENSION! IN HER OWN COUNTRY! What a heartbreaking indictment of a government that has failed its own people!
By virtue of being undocumented they have already broken the law and nothing happened to them instead they were rewarded with documentation. They have cracked the code that when it comes to them, the South African law can shift goal posts. It’s nice being them!
A south African has to go to the nearest hospital or clinic but an immigrant can travel 8000kms to seek Asylum . The nearest safe country doesn't apply to them but a SA has to tolerate a bad hospital in their hometown .
‼️SASSA is always rejecting applications from South Africans. They always say they don't qualify even though they're unemployed and have no income. Kanti bayazi that lemali yeTAX yethu is reserved for foreigners!!!!