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IMPACT – MEDIUM
What is the change? The Department of Home Affairs has confirmed that it has conducted unannounced inspections of the Africa News Network 7 (ANN7) in Midrand, Johannesburg on Thursday, seeking to verify whether certain employees of the television station have valid work visas.
What does the change mean? South African employers are reminded that DHA’s Inspectorate Directorate is authorized to conduct unannounced onsite inspections to verify immigration status of employees.
Background: According to local press reports, DHA officials raided the ANN7 studios and questioned human-resources staff for hours, seeking employee files on the suspicion that up to 10 Indian national employees were working with expired visas. ANN7 is a 24-hour news channel in South Africa that was owned by the controversial Gupta family until August 2017. The service broadcasts on the DStv satellite television service owned by Multichoice. The DHA called it a routine inspection that was based on information it had received. In its announcement, the department said that it would release the results of the inspection after it verifies its findings.
BAL Analysis: The high-profile raid, which has received extensive press coverage in South Africa, should serve as a reminder to all employers that immigration authorities are entitled to appear at company premises to inspect documents at any time. Employers should be mindful that immigration violations, including overstaying a visa, may carry serious consequences.
This alert has been provided by the BAL Global Practice group. For additional information, please contact africa@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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