Search
Contact
Login
Share this article
IMPACT – MEDIUM
What is the change? South Africa’s National Assembly has passed a Border Management Authority Bill that would consolidate all border-related matters under a single Government Agency, thus strengthening the Department of Home Affairs’ move to reposition itself as an enabler of national security.
What does the change mean? The bill would lead to stepped-up screening processes at airports and other points of entry, likely causing travel delays. Additional delays would be expected during the bill’s implementation phase, as officials would take on new jobs and have different responsibilities. The bill now goes to the National Council of Provinces for concurrence.
Background: Passage of the bill was achieved on the third attempt after minority political parties had twice successfully blocked the bill by walking out of National Assembly proceedings, denying the body a quorum. The bill ultimately passed, but the ANC’s political opponents nonetheless showed surprising strength in frustrating initial attempts. It is possible that similar strategies could be used when South Africa’s governing majority moves forward with plans to overhaul other key immigration programs.
While the Border Management Authority Bill has been seen as a key plank in the government’s overall immigration plan, the additional proposed changes to the immigration policies would be more significant for high-skilled workers and their employers.
Department of Home Affairs Minister Hlengiwe Mkhize confirmed in May that the Cabinet had approved a proposed white paper on immigration and said officials were taking steps to implement new proposals. It is anticipated that the white paper, which has not yet been published, will introduce a points-based system for work permits, new fees for employers who use foreign labor in order to fund training and education programs for local workers, and the waiver of visit visa requirements for citizens of African Union countries.
BAL Analysis: The Border Management Authority Bill has been heralded by the Department of Home Affairs as a key piece of legislation that will help the department achieve its full mandate as a critical enabler of inclusive economic development, national security, effective service delivery and efficient administration. Critics have pointed out that similar legislation in other countries has failed to deliver on its promises and, in some instances, has subsequently been reversed at huge administrative delay, cost and inconvenience to employers and travelers. BAL is following the progress of the Border Management Authority Bill as well as other immigration proposals, and continues to work closely with clients to advocate policies favorable to foreign direct investment.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2017 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.
IMPACT – HIGH
Labor unions representing workers in the Department of Home Affairs have served the DHA with a notice to strike starting June 19 after the two sides could not reach agreement yesterday on a working-hours dispute.
Key points:
Background: As BAL reported yesterday, the dispute stems from the DHA’s decision to adjust employee shifts when it changed its offices’ public opening and closing hours in 2015. A sticking point for the union is that workers are being asked to cover Saturday shifts, adding an extra work day to their schedules even though, according to the DHA, employees are still on 40-hour work weeks. The DHA said in a statement that it offered to let employees take Wednesdays off to make up for the Saturday shifts, but the unions said they want the order implementing the 2015 schedule reversed and that employees should be allowed to work Saturdays, but only if they volunteer to do so. The unions initially said that workers would strike in July if an agreement was not reached, but after the two sides failed to reach an agreement yesterday, the unions moved up their timetable. Workers have now informed the DHA that they are set to strike from June 19.
BAL Analysis: Those planning travel to South Africa on or after June 19, or who will need in-country immigration services in the coming weeks, should take note that a strike is highly probable and make backup plans if necessary. The strike would be for an indefinite period, meaning the possibility for a prolonged work stoppage is possible. BAL will continue to follow the matter and will report to clients on significant developments.
What is the change? The union representing workers in the Department of Home Affairs has threatened a nationwide strike next month if a dispute over working hours is not resolved. DHA and union officials met today to work toward an agreement, but it was not clear if a deal would be reached.
What does the change mean? A strike would cause significant disruptions to immigration, travel and other DHA services.
Background: The dispute is related to the DHA’s decision to adjust employee shifts when it changed its offices’ public opening and closing hours in 2015. DHA Director General Mkuseli Apleni said in a statement that the DHA continued to comply with working hour laws, including a 40-hour work week, and that the change in public opening and closing hours was essential to the DHA delivering critical services effectively. South Africa’s Constitutional Court instructed the two sides to try and resolve their disagreements, but the union said they will begin a strike next month if no agreement is reached.
BAL Analysis: There has been no disruption of services up to this point, but a strike next month appears likely given recent media statements of the two parties to the dispute. BAL will continue to follow the matter and will report to clients on significant developments, including any potential disruption in services.
South Africa is moving ahead with plans to overhaul its immigration policies, with Department of Home Affairs Minister Hlengiwe Mkhize confirming this week that the Cabinet has approved the proposed White Paper on immigration and is taking steps to implement new proposals.
It is anticipated that the White Paper, which has not yet been published, will introduce a points-based system for work permits, new fees for employers who use foreign labor in order to fund training and education programs for local workers, and the waiver of visit visa requirements for citizens of African Union countries.
“The transformation of South Africa’s international migration policy is among the major priorities of the department,” Mkhize said, adding, “We are focusing on implementing the White Paper approved by the Cabinet in March 2017. This is an important milestone for South Africa.”
Background: Mkhize announced that the White Paper had been approved during a speech on an upcoming budget vote for the Department of Home Affairs. She also committed the DHA to completing plans for a National Identity System (NIS) to replace the National Population Register and increasing efforts to digitize records and issue more smart ID cards. She said standards would remain in place to process 85 percent of permanent residence permit applications within eight months and 90 percent of temporary residence visa applications under the general work visa and business visa categories within eight weeks. The DHA is also committing to improve the target for the critical skills visa category by 5 percent so that 80 percent of applications are adjudicated within four weeks.
BAL Analysis: The White Paper’s policy objectives and proposed changes have potentially far-reaching implications for South African employers and international companies that rely on foreign talent. Companies should anticipate significant changes to the country’s immigration regime in the coming year. BAL is following the progress of these proposals and will work closely with our clients to advocate policies favorable to foreign direct investment.
What is the change? The new Minister of Home Affairs, Hlengiwe Mkhize, has been asked to consider removing controversial visa rules put in place by her predecessor that require children to carry documents evidencing the consent of their parents when traveling into or out of South Africa.
What does the change mean? A report on the impact of the rules on South Africa’s tourism industry found that 13,000 travelers were turned away en route to South Africa in 2016 because they lacked the required documentation.
Background: The rules were implemented in 2015 after several delays. Intended to prevent child-trafficking, the rules were roundly criticized as overly burdensome on travelers. Concessions were later made, but recent figures show the country’s tourism industry continues to be negatively impacted.
BAL Analysis: The rules for traveling minors remain in place, but the change in leadership at the Department of Home Affairs could lead to a review and possible additional concessions.
Home Affairs Minister Hlengiwe Mkhize said this week that she will prioritize applications under South Africa’s critical skills work visa category and continue former Home Affairs Minister Malusi Gigaba’s general immigration positions.
Key Points:
Background: President Jacob Zuma overhauled his cabinet at the end of March, moving Gigaba from his old post as Minister of Home Affairs to Finance Minister. Mkhize, who previously served as Deputy Minister of Telecommunications and Postal Services, took over atop the Ministry of Home Affairs.
BAL Analysis: Mkhize’s stated intention to focus on applications under South Africa’s critical skills work visa category is a good sign for employers intending to bring high-skilled foreign workers to South Africa. The cabinet shake-up last month raised some questions about whether Gigaba’s policies would continue under new leadership, and Mkhize signaled this week that she would, by and large, pursue similar policies. BAL will continue to follow the proposed immigration reform in South Africa under new leadership in the Department of Home Affairs.
President Jacob Zuma has overhauled his cabinet, moving Malusi Gigaba from his post as Minister of the Department for Home Affairs to Finance Minister. The new Minister of Home Affairs will be Hlengiwe Mkhize, who previously served as Deputy Minister of Telecommunications and Postal Services.
Background: Gigaba was appointed to lead the Department of Home Affairs in 2014. In recent months, he had pushed for immigration reforms and increased workplace inspections targeting businesses that employed undocumented immigrants. He will replace Pravin Gordhan as Finance Minister after Zuma fired Gordhan and other cabinet members in a major personnel shake-up.
BAL Analysis: BAL will continue to follow the proposed immigration reform in South Africa and whether it will change under new leadership in the Department of Home Affairs.
Nigeria has issued Immigration Regulations 2017, the biggest overhaul in 50 years to the country’s immigration rules. The regulations provide a legal framework for implementing the Immigration Act of 2015 and aim to bring Nigeria’s immigration system up to date with current geopolitical issues that range from fostering business and investment to combatting trafficking and other crimes.
SUMMARY: NIGERIA’S IMMIGRATION REGULATIONS 2017
Business-Related Provisions
The Immigration Regulations, released March 21 with immediate effect, contain a number of provisions that affect business immigration. In addition to liberalizing certain rules, such as making all foreign nationals eligible for visas on arrival and providing for in-country renewal of temporary work permits, the regulations also impose new compliance measures on companies and foreign nationals, including mandatory registration of foreigners and stricter penalties against companies and individuals who fail to renew their expatriate quotas or report their foreign worker numbers or commit other immigration-related offenses.
Read the full BAL Backgrounder HERE
Copyright © 2017 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.
The South African Department of Home Affairs has announced that it will present a White Paper on immigration to the Cabinet this month that proposes to overhaul South Africa’s immigration priorities and usher in significant changes to the country’s immigration system.
The White Paper is expected to introduce a points-based system for work permits, new fees on employers who use foreign labor to fund training and education programs for local workers, and heightened workplace inspections and stricter enforcement of companies who hire foreign workers without the proper work authorization.
With high unemployment, sluggish economic recovery and a steady influx of refugees, South Africa has made several indications that it will move to prioritize employment of local workers. Additionally, recent anti-immigration demonstrations have blamed foreigners for loss of jobs, and the Home Affairs Minister has signaled that businesses will be held accountable for illegal working violations.
Read the full BAL Backgrounder here.
Home Affairs Minister Malusi Gigaba has confirmed that the Cabinet will consider comprehensive immigration reform proposals by the end of March and reiterated that South Africa is committed to increasing immigration-related workplace inspections immediately.
Background: South Africa has seen an increase in anti-immigrant protests recently, including a demonstration in Pretoria Friday in which police used rubber bullets and tear gas to disperse crowds. Gigaba’s remarks marked the second time in the last two weeks that he has addressed issues of illegal work in certain economic sectors. Last week, after meeting with business leaders in the hospitality sector, he said that the government will work to enforce rules to benefit local workers, including rules requiring certain companies to maintain a 60-percent ratio of local-to-foreign workforce. In his remarks last week, Gigaba tied the anti-immigrant sentiment of the demonstrations to businesses that do not follow immigration laws. “Business is a critical partner in managing anti-immigrant sentiments and more will be expected of them,” he said.
BAL Analysis: Businesses should anticipate an increase in the number of workplace inspections as well as stepped-up enforcement of rules designed to protect local workers. Thus far, the government seems to be focusing on the hospitality and food retail sectors in particular, but the Department of Home Affairs has also recently referenced other sectors, including construction and mining, as perceived abusers of the immigration system. While the specifics of pending migration reform policy proposals have not yet been published, BAL will continue to follow the matter and will update clients on significant developments as they occur.
This alert has been provided by the BAL Global Practice group and our network provider located in South Africa. For additional information, please contact your BAL attorney.