#FarFromHome: Amkelwa

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Welcome to our global #FarFromHome series: reflections on the time of Covid-19 from people who are are far from their family and home-country. We hope this brings comfort and reassurance. We chat to Amkelwa, who lives in Paarl and is from the Eastern Cape.

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This is a difficult time for us all. But, what activity, or thought, or philosophy, has guided you through this time in the pandemic? During the pandemic, I involved myself in an English learning group. That helped me a lot to improve my English. I was also involved in a community soup kitchen. We were cooking porridge for small children every day in the morning, because we are a very poor community. 

What other emotions has this period brought for you?  

This pandemic has brought me nothing but pain, because I can’t watch people going to bed with an empty stomach. I had to take food from my home and share it with those who have nothing, even if it’s 2 people I will know that at least I have tried. But in this whole situation I felt helpless because I couldn’t help other people because I needed help myself.  

What in your life history has made you better able to deal with this situation? 

I was able to deal with this situation because of the situation that I grew up with. When I grew up my father was an alcoholic. He used to drink the whole weekend, from Friday to Sunday. When he was drunk he would beat my mother up, and we went to go ask for a place to sleep with our neighbours. Growing up like that has made me strong and I can deal with tough situations. I was the reason why my father has changed and become a better person.  

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Thinking about the Covid-19 pandemic, what good qualities has it brought out in you? I would say I am good at solving problems. The pandemic has brought out the real person that I am – some of the things I have done for other people, I never thought that I would do them for anyone. The thing that made me get through this pandemic is being tough, because if I wasn’t tough and brave, I wouldn’t have made it.  

Has this experience changed your interaction with your neighbours or community? If so, how?  

Yes, I have learnt a lesson that I must always look after my neighbours, because you know when people need your help.  

What would be your advice to those people facing difficult situations at this time?  

My advice to other people, if you have problems just pray about your problems and be patient, have faith. God is alive you just need to communicate with him and put your trust in him. 

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#FarFromHome: Marc

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Welcome to our global #FarFromHome series: reflections on the time of Covid-19 from people who are are far from their family and home-country. We hope this brings comfort and reassurance. We chat to Marc, who lives in South Africa and is from DRC.

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What has guided you through this time? I focused on empowering myself by studying English on WhatsApp with Scalabrini English department and also by reading often the Bible. 

Has anything brought you hope or inspiration in this time? Yes, besides the thoughts from the Bible, there were a lesson we learn with my colleagues from English class and our lecturer Jill Van, which was about Chadwick Boseman – the king of Wakanda and the actor of Black Panther. I went through all his story, this inspired and motivated me. To summarize the lesson – despite the ups and downs in life and what we’re going through, we must not give up!

What other emotions has this time brought out for you? Overwhelmed by the fear of getting Corona virus, I was always putting my mask on and washing regularly my hands. I am still observing the social distancing and measures.

What in your life history has made you better able to deal with this situation? I was raised by my single mother after the death of my father. Life became difficult and uncertain for my mom and I, but she taught me how to be content with the little we had, that is how I lived all my childhood. So that good education received from her helps me to deal with difficult situations and unexpected moments of life. 

What characteristics of yourself have you relied on to get through this tough time?  I am very disciplined and organised man. Through this lockdown, I planned and organised myself to observe the measures of quarantine – keeping social distancing, no shaking hands, no hangs, always putting on my mask and washing my hands.

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What would be your advice to those people facing difficult situations at this time? It would be difficult to advise people during this time, because we have different goals and expectations – some of us has lost their jobs. But we should be prepared to face any situation, be courageous, determined to cope with the situation as it is, hoping that the better days are coming and be content with what we have.

Is there any other message you would like to send to other people who are living far from their original birthplace during this time? If we have a chance to learn something new let us do it. To read the Bible that is great, to be in touch with others, to share foods. We need to set up our mind and emotions to be enough strong when such situations occur.

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Lessons in Adaptability with Women’s Platform

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At the center of Cape Town sits Green Market Square – a bustling market filled with curios from all over the African continentIt is a magnet for Cape Town’s tourists, who typically number over 5 million per year. When the Covid-19 pandemic hitSouth Africa went into lockdown: borders were closed, tourists stopped comingand many market vendors were left with no source of income at all. 

Some of these market vendors are members of Scalabrini’s Women’s Platform. With the need to adapt and provide for their families, they came together and quickly tapped into the demand for masks.

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According to findings from National Income Dynamics Coronavirus Rapid Mobile Survey, women are disproportionality affected by the economic crisis  caused by the pandemic. This was seen not only in South Africa, but around the world.  

The five women – Eulali, Jeanette, Kelly, Tina and Therese – who have been part of Women’s Platform for the last few yearsrealised that they needed to make a plan to support themselves and their families in the time of lockdown.  

We thought it would maybe be one month. Before the lockdown I sold some things that I thought would carry me through,” says Theresa when reflecting on the start of lockdown. 

“Before lockdown started, I had my own business, which was a sewing school I trained Somali ladies how to sew at the Somali Association in Belville.” Jeanette was training eight women at her school before the lockdown started and the other four women were traders at markets around Cape Town.  

With lockdown upon them, this group of women faced an unsure future. They had trained to sew certain things that, under lockdown, were not going to be sold. In a moment of brilliance, they came together and made a plan: to start a mask-sewing business. 

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“I learnt to make the masks because of what is going on in the world.” Eulali echoes what was said by each of the other women. Together, the group of five women approached Women’s Platform for assistance with marketing and selling the masks.   

Jitske from Women’s Platform helped the women with marketing, to find more buyers and with the delivery and collection of the masksThrough the use of social media, over 500 masks were sold and over 200 were donated through cooperation with the Tamboerskloof Community Action Network, where they were then donated to people iZwelitsha and the Tamboerskloof areaKelly speaks of making masks to help other people protect themselves. “The lockdown shows me that I have a responsibility toward other people.” Tina shared this sentiment; “I made some masks for donation that I took to the hospital. I also give some to people on the road who don’t have masks. I went to the church yesterday and gave some masks to people who I can see don’t have good masks or don’t have any masks.”  

 

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Although the sales of masks have slowed down now, they were the boost the women needed to adapt and come up with new ideas. Jeanette is looking at moving her sewing classes online, Kelly is aiming to launch her new clothing designs for children in November, and the other women have their own business ideas brewing.  

In a group discussion hosted by Women’s Platform, more stories were shared by women who have adapted their businesses under lockdown. Stories were shared by a woman who was active in the transport business and shifted from transporting kids to delivering food when schools were closed. Another businesswoman went from selling burgers to restaurants, to making and selling bread 

One lesson that has been learnt during the lockdown is that every success story is a tale of constant adaption, revision and change.” – Richard Branson 

**Since this article was written the women have had another order come in for 200 sling bags and 400 masks.  

 

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Press Release: Scalabrini’s ‘abandonment’ court case challenges constitutionality of South African refugee laws

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Scalabrini Centre in Court seeking an interdict against the Department of Home Affairs, in first step to challenging the constitutionality of the Refugee Amendment Act’s ‘deemed abandonment’ provisions.

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On 28 October 2020, the Scalabrini Centre of Cape Town, represented by Norton Rose Fulbright South Africa Inc, is in the Western Cape High Court, seeking to interdict the Department of Home Affairs from implementing or operating specific provisions related to the deemed abandonment of asylum applications, which provisions were implemented with the coming into effect of the Refugees Amendment Act and Regulations from 1 January 2020.

Scalabrini Centre, in its own right as well as in the public interest, has brought a constitutional challenge against certain provisions in the Refugees Amendment Act and Refugees Regulations, which came into effect on 1 January 2020. The specific provisions being challenged are those relating to the ‘deemed abandonment’ of asylum applications simply because the asylum applicant is a month or more late in renewing their asylum document. In this challenge, Scalabrini Centre has first sought an interdict against the Department of Home Affairs, stopping the Department from implementing or applying the specific provisions. This interdict is to ensure that anyone who may have, or might still, fall foul of those provisions is protected against refoulement pending the final hearing of the main matter – the constitutional challenge of the impugned provisions.

Today, 28 October 2020, Scalabrini Centre is in court to argue why the interdict is necessary pending the finalisation of the main matter. The Department of Home Affairs has opposed the interdictory relief being sought by Scalabrini Centre. It has also opposed the constitutional challenge.

For more on the main challenge, see below.

Press enquiries

Sally Gandar, Head of Advocacy & Legal Advisor, Scalabrini Centre of Cape Town, sally@scalabrini.org.za

Nicki van’t Riet

Director, Norton Rose Fulbright, Nicki.vantRiet@nortonrosefulbright.com

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Sections of the refugee law now mean that asylum-seekers who's documentation expires for thirty days or more face arrest and deportation, as their claims would be considered 'abandoned'. These people – who have sought refuge and safety in South Africa – could be deported to danger or death in their countries of origin for no reason other than they were a month late in renewing a visa.

 

Our case seeks to declare pertinent sections of South Africa's recently changed refugee law to be set aside and declared unconstitutional.

 

Abandonment of asylum claims

 

In January 2020, we expressed deep concern over the Refugee Amendment Act, which came into force on 1 January 2020. This Act came into force upon the signing and Gazetting of the Refugee Regulations. Several aspects of the new law undermine asylum seekers' and refugees' rights.

 

Of particular and urgent concern are the so-called 'abandonment clauses'. We are challenging the constitutionality of Sections 22(12) and (13) of the Refugee Amendment Act and Regulation 9 of the Refugee Regulations. 

 

These sections of the Refugee Amendment Act and Regulations effectively mean that the claim of an asylum-seeker in South Africa 'must' be considered 'abandoned' if their asylum seeking visa expires for 30 days or more.

 

If there are no 'compelling reasons' around why an asylum seeker holds and expired permit, these persons would be treated as 'illegal foreigners' and risk facing arrest and deportation. The Refugee Amendment Act also prevents that person from re-applying for asylum in South Africa – which seems to run against international refugee law.

 

The difficulties of ensuring a valid asylum seeker visa

 

In the daily work of The Scalabrini Centre of Cape Town, we consult with many asylum-seekers who, despite their best efforts to extend their asylum seeker visas, are simply unable to do so. Remaining on a valid asylum seeker visa is no easy feat: Many asylum seekers face long journeys to Refugee Reception Offices (RRO) to apply for an extension of their permit. 

 

Depending on their nationality, they may only approach a RRO on certain days. Should they manage to arrive on the right day, under-staffed Refugee Reception Offices result in long snaking queues. Not everyone is attended to. Asylum seeker visas are extended for anything between a month and six months, meaning the process described above must be undertaken on a regular basis.

 

The Department of Home Affairs has itself confirmed that the asylum process is subject to colossal administrative delays: the process of considering an asylum application takes, on average, more than 5 years.

 

Provisions run counter to South African constitution and international law

 

The 'abandonment' provisions of the Refugee Amendment Act run counter to the fundamental legal and constitutional basis of refugee law, namely the right of non-refoulement. This is a fundamental of international and national refugee law that prevents states from forcibly returning a person to a country or place where they would face reasonable risk of harm or death.

 

The provisions allow for a person with a valid asylum claim to be returned to their country of origin to face persecution merely because they have failed to meet a procedural requirement.

 

The consequences of this system in South Africa will be devastating. Thousands of people from across the continent, and the world, would be barred from asylum for no reason other than they were a month late in renewing a visa.

 

Our demand

 

Our case requests that these Sections 22(12) and (13) of the Refugee Amendment Act and Regulation 9 of the Refugee Regulations are declared unconstitutional and invalid, and that they are set aside.

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#FarFromHome: Onacisse

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Welcome to our global #FarFromHome series: reflections on the time of Covid-19 from people who are are far from their family and home-country. We hope this brings comfort and reassurance. We chat to Onacisse, who lives in South Africa and is from DRC.

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What has guided you through this time? I started reading books and watched a lot of documentaries. This helped me clear my mind and not to think of the pandemic. 

Has anything brought you hope or inspiration in this time? I was inspired by doctors and nurses who sacrificed their own lives to save those with Covid-19. 

What other emotions has this time brought out for you? I felt helpless because there was nothing much that I could do to help those who needed help, because I needed help too. This brought fear to me, because the number of positive cases kept on increasing. I kept on thinking what if this continues? Will I ever see my family or not? 

What in your life history has made you better able to deal with this situation? When I was coming to South Africa, I had gone through the toughest roads so that I could make it here. From the day I arrived in South Africa nothing was easy for me or my family. We have been through a lot of ups and downs, but we always overcome it 

What characteristics of yourself have you relied on to get through this tough time? I am disciplined. Without discipline I do not know where I would be or how I was going to cope with the stresses of not earning an income for almost six months. With no help from the government I had to discipline myself even more. I can now go and work, things are not that bad as they were 5 months ago. Life is slowly going back to normal. 

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Has this experience changed your interaction with your neighbours or community? Yes, it has changed a lot. It is weird how I have to wear a mask every time I speak to my neighbour. I no longer shake hands or hug my friends. I cannot go to gym or go for a walk at the mall freely, because I struggle breathing when wearing a mask for more than 30 min. Life has changed in general, before Covid-19 when someone sneezed people use to say “bless you”, now days they look at you as if you committed a crime, which is funny and sad at the same. 

What would be your advice to those people facing difficult situations at this time? The only advice I would give to people going through a rough time is try as much to stay positive, because mental health is very important in times like this. The whole world is going through a big crisis and things keep on getting worse each and every single day. Try as much to stay positive Covid-19 is like a storm that came to destroy a lot of plans and things, but it’s going to pass.  

Is there any other message you would like to send to other people who are living far from their original birthplace during this time? To those living far away from their home country like myself, I communicate with relatives and friends on daily basis I encourage you to do the same. It helps a lot! Thanks to advanced technology which enables us to communicate easily. Check up on family and friends, and appreciate them each every day, it reduces stress especially during this tough time. I hope and believe that one day we will rejoice with our loved ones, because Coronavirus is not going to stay forever. And after this pandemic life is going to change for the better. 

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Goods: Film on spaza shops’ role under lockdown

The Scalabrini Centre of Cape Town has released its latest mini-documentary, Goods, that explores the unexpected reactions to South Africa’s spaza shops brought about by the national covid-19 lockdown.

Making business plans with the Employment Access Programme

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A warm, friendly voice on the other end of the phone, with echoes of children playing and talking in the background – Divine instantly makes you feel like you are talking to an old friend. Leaving her home country of DRC and her eventual arrival in South Africa were both journeys mired in fear. But Divine is a resilient, determined woman; she has taught herself English, raised a family, found jobs in all sorts of sectors and has used this experience and various online sessions from Employment Access to find a job during Covid-19. She wants to share her success and resilience with other women and eventually start her own business 

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Often, a barrier to integration is language. In Divine’s case, her lack of English actually helped her land her first job! “I could only say ‘good morning’. But Cross Trainer hired me because I spoke French – and that’s where I started learning English!” Divine started working at the Cross Trainer in Cape Town’s International Airport during the 2010 World Cup. It was here that her dreams of starting her own business began. 

Divine was an accountant at a big supermarket back home in Lubumbashi. Her father was a CEO, but because of ethnic fighting her father lost his job. Following this, Divine and her eldest sister fled to South Africa after being attacked in their home. The journey was long and potholed: what agents promised to be a few days took more than a week – with Divine and her sister being arrested at one point – while their family had no idea where they were. 

Although things seemed difficult on initial arrival in South Africa (Divine and her sister were victims of an armed home invasion) – Divine has managed to build a beautiful life. Having built up stability in South Africa, Divine is now focused on achieving her goals and assisting other women. 

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After leaving Cross Trainer, Divine worked in various different companies and positions. From an assistant manager at King Pie to a sales assistant at Exotic Persians, Divine has gained experience in an array of careers – which has helped her to find her current employment. “I like the hospitality world and I am definitely a people’s person,” she remarks, reflecting on her ultimate role as a guesthouse manager. 

After Divine took maternity leave from the guesthouse, she approached Scalabrini. She accessed the Advocacy Programme, then the Women’s Platform and then Employment Access – who helped Divine find employment during lockdown. When South Africa went into lockdown, Employment Access started various online sessions for clients aimed at getting them ready for successful job applications once the lockdown easedDivine joined many of these sessions including ‘Interview Questions Discussion’ and FUNZI courses (a platform that offers free Job Readiness courses). With the preparation and support offered to Divine from Employment Access – she went into her interview with confidence and got the job as Front of House Manager at a guesthouse – with the employer being particularly impressed that Divine had completed a Covid-19 course.  

Divine is now working this job with her business dream in mind. “I would like to start a sewing business. I’m good with outfits and evening wear, so I would like to start something where I can make lots of different things, and then help others who are also looking for jobs. I won’t let a woman like me just sit at home. I can help them and we can work together.” 

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Like many in South Africa and across the world, lockdown has been difficult time for Divine. It had the potential to derail her plans. “Lockdown was very stressful. We have three kids and my husband is still not back at work. They were sending invoices for school fees, the kids need to eat, and I need to buy nappies for the little one.”  

With the help of Employment Access and her dedication to the sessions offered by them, Divine is working again and can set her mind at ease. “I’m enjoying it and I’m learning more every day. I like learning. Before starting my own thing, it’s good to see how to run a business – from what I’m doing today, I will be able to run my own thing.” 

 

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Scalabrini Centre releases the 2019 – 2020 Annual Report

Anya Sass: Advocacy Programme Volunteer

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Anya volunteers in the Scalabrini Advocacy Programme. This placement serves as a bridge between her experiences, which were rooted in a very real experience of conflict, and her dreams to become a refugee attorney. Anya reflects on past, present and future, and the threads that link them together.

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 A (long) road to Damascus

As a twelve-year-old, having read her father’s books on conflict and human rights, Anya announced her intention to be a war correspondent. Ten years later, having worked and travelled after high school, Anya planned a week-long trip to Syria. Once she arrived, Anya found a ‘hospitable, magical country rich in history’ – and ended up living there for four years.

Anya lived in Syria from 2011 to 2015 – during the height of the conflict. She was based in one of the oldest city cities in the world, Damascus. Here, she taught English to adult students. ‘There was a market for teaching English because many people were trying to learn the language before fleeing to another country,’ Anya explains.

Living in a warzone, one realizes that conflicts are ‘significantly more nuanced’ than their depiction in media. Although there was not any ‘active fighting’ in her neighborhood, Anya recalls that there was ‘regular shelling coming in from neighbouring areas – including the block next to us – routine car bombs and ambushes in our street’.

Conflict filters deeply into the way you lead your life, Anya explains. ‘You start to create a flawed logic to maintain your sanity. Like choosing to walk on the other side of the street because the bombing is coming from the other direction’.

‘No one makes the choice to be a refugee lightly.’

‘I watched many of my friends (in Syria) make a difficult decision to leave. It makes me angry when people try to categorize refugees as ‘economic migrants’. They just have no idea how difficult it is to make the decision to flee. There is a deep emotional trauma just making that decision, let alone acting on it.’

In 2015, Anya and her Syrian husband made that difficult choice themselves, and decided to go to Canada, Anya’s country of origin. Once there, Anya became increasingly vocal and dedicated to the rights of refugees.

With a plan of pursuing a career in the refugee sector, Anya enrolled herself at university. She is currently completing a joint major in Political Science and Gender, Sexuality and Women’s Studies at the Simon Fraser University in Vancouver.

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If this volunteer placement were a job, this would be my dream job.”

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The South African context

The volunteer placement in Scalabrini dovetailed neatly with Anya’s career plans. ‘If this volunteer placement were a job, this would be my dream job,’ Anya reflects. Her role at Scalabrini is to provide advocacy advice to clients and conduct research projects. However, the advice desk had to close when the National Lockdown was announced in March 2020 due to the Covid-19 pandemic.

Volunteering during the Covid-19 pandemic

The pandemic resulted in fundamental changes to Anya’s volunteering placement. All services shifted online, and everyone had to work from home. ‘My placement at Scalabrini suddenly became remote’, she explains (on a Zoom call). ‘I miss dealing with clients – but it has been nice to have time to delve more deeply into research projects.’ She is currently working on research around a specific clause of the South African Immigration Act, which has allowed her the opportunity to interact with several lawyers in South Africa’s migration and refugee sector.

Common threads of migration

Having had such personal experiences of conflict and migration, one wonders if Anya sees any commons thread when working with people who are refugees in South Africa. Despite the very different context, says Anya, ‘I do think that people, wherever they are in the world, just want to have a basic level of comfort and safety.’

In Syria, Anya saw a conflict rooted in deeper histories and anxieties. These anxieties are exploited by bigger powers, which use propaganda to ‘play on people being angry. I don’t think people are inherently bad. Bad things happen to them, and they get manipulated into reacting in a bad way.’

The future

Where will Anya’s life take her next? After the completion of her degree, Anya plans to undertake a postgraduate course in forced migration. The ultimate goal, however is to be a refugee attorney. ‘I want to be a refugee lawyer fighting unfair border regimes … and doing the work I do now, in advocacy and refugee law’.

The volunteer placement at Scalabrini, it seems, has assisted with this goal. 'I’ve always received a lot of really valuable feedback from my work and I feel like I’ve learned a lot in my short time at Scalabrini, as well as come away with some extremely valuable experiences. This placement has been such a great learning opportunity and has only solidified that this is the field I want to stay in.'

With such rich life experiences and such powerful determination, we are sure she will successfully reach her goals. Good luck, Anya!

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Victory in Covid-19 Social Relief Grant Court Case

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Press Release: Celebrating a court victory – some of South Africa’s asylum seekers and special permit holders will be able to apply to the Social Relief of Distress Grant

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Today – the day before World Refugee Day – the Scalabrini Centre, represented by Norton Rose Fulbright, has won a Court Order that may ensure some of South Africa’s asylum-seekers and special-permit holders will be able to apply for the Covid-19 Social Relief of Distress grant (‘SRD grant’).

This Court Order signals the finalisation of the urgent litigation launched last month.

What is the impact of this Court Order?

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The Court Order indicates the Minister must publish these changes within ten working days.

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About Scalabrini
The Scalabrini Centre of Cape Town is an NGO based in Cape Town that provides specialised services for refugee, migrant and South African communities.

Press enquiries

Sally Gandar: Head of Advocacy & Legal Advisor, Scalabrini Centre of Cape Town
sally@scalabrini.org.za

Laura Macfarlane: Associate, Norton Rose Fulbright South Africa Inc
Laura.Macfarlane@nortonrosefulbright.com

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