Scalabrini Centre is Hiring: Executive Director

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Position: Executive Director
Reports to: Board of Directors
Work Location: Scalabrini Centre of Cape Town
Work Hours: Full time, 40 hours per week

The Scalabrini Centre of Cape Town’s vision is to foster the cultural, social and economic integration of migrants, refugees and South Africans into local society. Perceiving migration as an opportunity, the Scalabrini Centre of Cape Town is committed to alleviating poverty and promoting development in the Western Cape while fostering integration between migrants, refugees and South Africans. In providing our assistance, we advocate respect for human rights and use a holistic approach that considers all basic needs.

Inspired by the teachings and actions of John Baptist Scalabrini, the Scalabrini Centre of Cape Town offers a welcoming environment that is open to all and where each individual is valued and treated with dignity.

Guided by a sense of humility we promote respect for cultural diversity.

SCCT is looking for a suitably qualified candidate within South Africa for the position of Executive Director to lead and manage SCCT, to ensure it meets its strategic objectives.

Job Purpose
The Executive Director is tasked to ensure the achievement of SCCT’s strategic objectives, through leading the organization, establishing and nurturing partnerships and leveraging funding that enables SCCT to implement innovative programmes that support Government policies and services and that promote the rights of all.

 

PRIMARY DUTIES AND RESPONSIBILITIES: 

Strategic & Operational Planning

  • Cooperate with the Board to develop a Strategic Plan for SCCT and ensure implementation of the organisation’s vision, mission, values and objectives.
  • Ensure efficient and effective governance of SCCT, including the development of organisational policies and procedures that are understood by all staff and reviewed regularly.
  • Ensure that the SCCT Board of Directors have the necessary, timely information for effective governance and compliance.
  • Developing an appropriate organisational structure, defining role scopes and limits and levels of authority.

 

Administration & Financial management

  • Work with the Financial Manager to ensure sound financial management in SCCT including predictable funding flows, proper financial controls and procedures
  • Approve expenditure according to budgets, and negotiate changes to budgets with the finance sub-committee and funders when necessary
  • Ensure that the appropriate budgets and reports are prepared as per funding agreements.
  • Ensure that the office is administered efficiently and that all administrative systems, including correspondence and information systems, are functioning smoothly.
  • Ensure compliance with statutory, governance and contractual obligations

 

Management of operations

  • Ensure the development of annual operational plans and budgets for all programmes and effective implementation structures for the delivery of planned programmes.
  • Develop and maintain efficient and effective internal systems, including appropriate organisational and programme performance monitoring systems, reporting and record keeping systems.
  • Facilitate regular Management meetings for effective and efficient operational coordination.
  • Ensure the ordinary maintenance of the building in 47 Commercial Street and interact with Scalabrini Fathers for the extraordinary maintenance.

 

Human resource management

  • Lead the strategy to build and sustain a skilled, motivated team to reach the objectives of the organisation.
  • Work with the HR Manager to facilitate the effective and professional management of staff in the organisation.
  • Lead and direct the HR functions within the organisation to ensure the implementation of sound HR Practices, including Remuneration System, Recruitment, Performance Review Processes, Training and Development.
  • Ensure that volunteer portfolio is managed within legislative frameworks.
    Fundraising and Networking and Lobbying
  • Ensure the long-term financial sustainability of the organisation through effective organisational fundraising and management of donor relationships, including hosting funder visits to the Centre.
  • Co-ordinate and oversee all fundraising activities, including the development of funding proposals, negotiations with donors, reporting to donors.
  • Establish and maintain strategic relationships with key stakeholders and organisations working in complementary fields
  • Represent and promote SCCT at high level meetings and forums and interact with the Scalabrini International Migration Network (SIMN)

 

Required qualifications, skills and experience:

  • Applicants must be a seasoned strategic Senior Manager with the ability to lead a team in effectively managing large complex multi-stakeholder programmes.
  • Relevant tertiary qualification in the field of Human mobility.
  • At least 10 years’ experience at Executive and Operational Management level in the NGO sector
  • Must be eligible to serve as a Director in terms Section 69 of the Companies Act 71 of 2008
  • Combination of strong grant management, operations, human resource, monitoring, evaluation and report writing, financial and project management skills.
  • Knowledge of large donor processes and reporting requirements
  • Demonstrated networking and engagement skills with strategic partners across the board
  • Knowledge of the Social teaching of the Catholic Church and the Catholic network of charity and assistance (SACBC, Caritas, Vatican Section for Migrants and Refugees) advantageous
  • Advanced computer skills, specifically in MS Office as well as programme databases.
  • Read, write, and speak in English; other international languages of African migrants (i.e.French) are highly recommended
  • Driver’s license and own vehicle
  • Willing to travel both locally and internationally
    Personal Competencies
  • Attributes such as resilience, tenacity, creativity are highly desirable.
  • The ability to think strategically and analytically.
  • Good communication and inter-personal skills on all levels demonstrating sensitivity, respect, honesty and fairness in interactions.
  • Proven ability to work as a team member within multi-disciplinary teams and excellent networking and liaison skills.

 

To apply:

Please email your cover letter, including your salary requirements and your CV to priscilla@scalabrini.org.za.

The closing date for applications will be 7th April 2021

PLEASE NOTE:
Only short-listed candidates will be contacted. SCCT reserves the right not to make any appointment in this position.
SCCT respects the privacy of its stakeholders and will treat all personal information provided in line with our Recruitment Policy and in accordance with the Protection of Personal Information Act.

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A butterfly effect: How English School’s WhatsApp classes contributed to research on mining and indigenous rights in Brazil

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Adriana, who is based in Brazil, studies transitional justice and the impact of mining companies on indigenous people in the Amazon. When she came to Cape Town to compare the findings of her research in Brazil with indigenous people from Southern Africa, she realized that her abilities in English were hindering the research. This realization led her to Scalabrini’s English School  – which opened up her world to the melting pot of South Africa.

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When Adriana arrived in Cape Town, she only knew basic greetings and how to say ‘thank you’. Like many people in South Africa, English was to be her third language. “I was born close to Venezuela, so for me, learning and speaking Spanish was easier. It is similar to Portuguese. English is different to other languages and is difficult to learn.”

English is not a common language in Brazil and is mostly spoken by the younger generations. Language has been an important part of Adriana’s research. “When Brazil was colonized, it was forbidden to speak other languages. Even the indigenous people in Brazil cannot speak their indigenous languages. There are 174 different languages in Brazil. Only the indigenous people who live inside their own tribes speak their indigenous languages…In South Africa, people speak their own languages. It’s not like this in Brazil. If these people die, we will lose those languages.”

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Adriana and her family lived in Cape Town for two years.  In the beginning this proved difficult because of the language barrier, but through her lessons with English School, Adriana improved her English abilities enough to be able to communicate easily. “[speaking English] provided me with the most important thing that I need – to speak to people and understand. I am not scared about talking to people anymore. Before English School, Adriana was very shy to try and communicate in English, but she now has the confidence to use the language

English School helped Adriana build on, not only her speaking skills, but her writing and reading too. “Because of that, I was able to contact people across Africa. I now have a group of people that I discuss all the readings of different genocides with, as well as my other findings.”

Adriana has found both similarities and differences between the indigenous populations in Southern Africa and Latin America. “Across the world, there has been a refusal to recognise the crimes against humanity {with regards to indigenous populations}.” Adriana has found similar practices in Africa and Latin America with the “illegal appropriation of labour, lands and resources from the communities.” The differences are centered around reparations. Where in Latin America, the judicial process is looking at individual reparations, the African concept – in some countries – “is about collective reparations and building the memory.”

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Adriana and her family left South Africa just before Level 5 lockdown in South Africa. They made the decision to go home because her step-son back home in Brazil fell ill. He sadly passed away from Covid-19 before his symptoms were understood.

When the pandemic hit South Africa, English School needed to adapt to be able to continue. English classes were moved online – this enabled Adriana to continue her English studies online. “It was not the same, but I loved it. English School still provided us with lessons and sent us links to watch some videos, they also helped us with our writing.” Adriana was able to complete her course with English School via WhatsApp.

Adriana now hopes to begin learning her fourth language –French – in order to continue her research of the indigenous people of the Democratic Republic of Congo.

 

 

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Education and new opportunities with UpLearn

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Before coming to South Africa, Charlotte never imagined that she would be able to further her education past high school.  A chance encounter with a stranger in a taxi led Charlotte to Scalabrini – she now holds a BA degree in Management specializing in Logistics and Operations. 

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Charlotte’s journey with UpLearn began in 2018.  When she completed her Associate of Arts (AA) she experienced her first graduation. “It was amazing! There were 28 student’s graduating and everyone was very excited. After receiving our certificates there were many tears … but they were more like tears of joy.”  

After graduating, Charlotte began her BA in Management. Students are given four years to complete their AA and BA, but it took Charlotte just over a year. “The journey was really a difficult one. Whenever you accomplish something in a short period of time, it’s going to be tough.” Being a mother of two young children and having duties to do at home whilst finding the time to study is not always easy. This was where Charlotte saw huge benefits with UpLearn. “[With UpLearn], you can choose your own schedule and working online is flexible, you can do it at night when your children are sleeping or on weekends when their father is there.” 

When Charlotte first came to Scalabrini she accessed Employment Access and through being at the office she met some of the UpLearn students – and she immediately let Employment Access know that she wanted to study too. Charlotte’s dreams were almost dashed when she was told that UpLearn was full. “I was so disappointed, because I really wanted to educate myself. After a month I received a call from EAP saying one student dropped out from the programme, but there was a long waiting list. I didn’t know if I stood a chance. I decided to apply and sent my application. They then called me in for an interview.  After two weeks they contacted me and said congratulations I made it through! That was the happiest day of my life.” 

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While still living in Zimbabwe, Charlotte worked as a secretary and furthering her education was just a dream. “In Zimbabwe if you do not have mathematics your chances of going to university are very slim. I never knew that I would end up at a university and leave with a degree.”  

“I was not an A student, but if you look at me now, you can say I have a degree. With dedication and perseverance, you can achieve this. [Before UpLearn] I was very shy. Through being equipped with different skills and being part of workshops where you have to facilitate sometimes, I have learnt to become bolder and more confident. I have become more confident because I have gained skills.”  

Charlotte felt supported by UpLearn during her studies and always knew that there was someone to assist with problems relating to studies or personal problems. “There is constant support available to students. Even during Covid they gave us 10 gigs of data so we can complete our assignments and last year every student got given a laptop. They (UpLearn) always provide resources.” 

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At the time of speaking to Charlotte, she was busy with an internship with the Global Education Movement (GEM), where she is responsible for graduate support and helping with CV’s and cover letters – similar work to the services she first accessed at Scalabrini with the Employment Access Team.  

UpLearn is a part of GEM launched by SNHU in five different countries: Rwanda, South Africa, Malawi, Kenya, and Lebanon. Charlotte assists people from each of these countries. GEM’s aim is to address the reality that worldwide there are more than 65 million refugees and other displaced peoples and only 1% have access to higher education. The objective of the initiative is to give those who may be prohibited from accessing tertiary education by financial or legal barriers an opportunity to empower themselves through education.    

The internship was supposed to be three months, but when the interview took place her internship had already been extended more than once. “I started in June 2020. It was supposed to be 3 months, but they decided to extend it with a month. They extended it again and now I am still there. I am enjoying it and I am so grateful to be granted such a wonderful opportunity.” 

With a firm interest in logistics – Charlotte hopes to one day work for a transport company in the logistics team – specifically focusing on keeping packages safe. “I read in so many cases whereby some goods are being lost when transporting them. I would like to introduce an idea or a system of different packaging, which makes sure the goods arrive safely at their destination. We don’t want to have a case where goods are lost or broken.” 

**Update** 

Since this article was written, Charlotte’s internship at GEM has turned into a part time position as Assistant Editor.  

 

 

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Scalabrini Services January 2021

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For general questions about Scalabrini, please email info@scalabrini.org.za, or call 021 465 6433

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To contact the Advocacy Programme, you can send a WhatsApp or call to 078 260 3536. If you send a message, this will be logged and one of the Advocacy team members will get back to you. You can also check important updates for refugees and migrants here.

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Please note, our Welfare Team has a very limited fund to help refugees and migrants at this time. Please understand that the Welfare Team are simply not able to assist everyone. To apply, please call or send a 'please-call' SMS to 071 711 1486 (Monday-Friday 9am-4pm). You can also email jane@scalabrini.org.za.

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For questions related to employment (job seekers for employees, job placement for employers) contact our Employment Access Programme. To contact the Employment Access Programme, please email employmentsupport@scalabrini.org.za or send a WhatsApp to 081 491 7811. 

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If you have questions about learning English at Scalabrini, you can contact our English School. The English School conducts classes on WhatsApp. Only certain students come into the office, on invitation only, in line with Covid-19 protocols. To contact the English School, please call or WhatsApp  072 069 2014.

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If you have questions about the Scalabrini Guesthouse please WhatsApp or call 072 126 7808 or email reservations@scalabrini.org.za.

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If you have questions about Lawrence House, the Child and Youth Care Centre, please email lawrencehouse@scalabrini.org.za or call 021 448 1144.

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If you have questions about SIHMA, that conducts research, please call 021 461 4741 or email admin@sihma.org.za. 

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Our UNITE programme works with high school students to build social cohesion in South Africa. To find out more, please email unite@scalabrini.org.za.

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Our UpLearn programme runs online degrees using a blended learning approach. To find out more, please email info@scalabrini.org.za.

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Our Women’s Platform  brings together women through training and development programme. To contact the Women’s Platform at this time, please email send a Whatsapp message to 061 649 6552

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Check our Facebook page for further announcements. For reliable information on Covid-19 and governmental updates, visit www.sacoronavirus.co.za.

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Homelands

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Miranda Madikane, director of Scalabrini, reflects on the organisation’s year in her end-of-year letter. Image credit: Maria Rivans for Wellcome Collection.

Dear partners, friends, colleagues!

This year has been a whirlwind, which has blown both good and bad into our lives.

Our first 2020 newsletter, at the onset of the pandemic, marvelled at the adaptability of the Scalabrini team in reaction to the national lockdown – an adaptability mirrored in our clients’ everyday lives as they navigate and survive in South Africa. Our second newsletter looked at the unexpected depth of warmth and hospitality that the pandemic created amongst the general public. And now, as our last newsletter closes off this turbulent year, it is time to settle into the festive season and reflect. I find myself reflecting on this idea of coming ‘home’.

Whatever your faith or beliefs, December is a time of year when we seek to draw closer to our friends and families. It is intended as a time of rest and reflection and many of us return ‘home’ to be with loved ones. I think I am safe in saying that, if any of us are able to be safe, and with loved ones this December, we are in a very fortunate percentage of the world – and the pandemic has only served to highlight this.

Much like the opening scenes of the film ‘Wizard of Oz’ (in which a tornado rips into the protagonist’s life and whisks her home away) the pandemic seemed to tip our worlds upside-down in a mighty whirlwind; our concept of ‘home’ might too have been affected. Many people have been unable to reach loved ones due to the travel restrictions brought about by Covid-19. For others, ‘home’ is not a safe or happy space – and our recent SGBV campaign  has aimed to signpost those who are not safe in their homes.

As you can imagine, for the majority of our clients, returning to their homeland is simply an impossibility – pandemic or no pandemic.

Homesickness was recently explored (and beautifully illustrated) in a recent article in which a student from Scalabrini’s English School was featured. This was one article in a series about homesickness. This specific piece looked at refugee communities’ homesickness – ‘when you can’t return home’. The idea of ‘home’ and ‘missing home’ has been found to form more than just a personal feeling among those seeking asylum. Homesickness for many refugee communities is something much more profound, deep and communal – a shared sentiment that shapes the communities’ identity and diaspora cultures. Mirroring this, our Far From Home Series collected up some beautiful, strong words from people on migrant and refugee status in South Africa who survived the pandemic ‘far from home’. Marc, for example, from the Democratic Republic of Congo, stresses that ‘we need to be strong and never lose hope. I understand that things are even worse especially when you are far from home …  [but] every time we put food on our table, we shall remember those who don’t have.’ This strength, despite being far from home, is what strikes me so often at Scalabrini.

This festive period, I hope you are able to rest and reflect with those you love. If you are not able to, I hope you can take strength from others around you and know that you are not alone. Onacisse, who participated in Far From Home, leaves us with some hopeful advice: “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.”

I wish you a peaceful December break, and we hope that 2021 will bring us warm breezes rather than whirlwinds!

Miranda Madikane
Director at Scalabrini Centre of Cape Town

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Promoting human rights through our affordable and socially-responsible Guesthouse

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As Human Rights Day approaches, tourists and travelers can contribute to ensuring migration rights, simply in the accommodation they choose! 

The term ‘conscious travel’ has a green glimmer to it – one usually thinks of promoting environmental sustainability – but it also encompasses community impact and human rights. The Scalabrini Guesthouse offers affordable accommodation in the heart of Cape Town’s city centre and all of the revenue goes directly to supporting Scalabrini – an organisation which provides vital services to refugees, migrants and South Africans with a vision of fostering peaceful integration between all.   

With the December season upon us, people will be traveling around the country to spend time with loved ones. This migration is reflected in the people using Scalabrini’s services: people who have travelled to South Africa in search of a better life for themselves and their loved ones. The simple choice that you make about where to stay in Cape Town can help with making someone’s integration into South Africa a bit easier.  

Lockdown Assistance 

 When the hard lockdown hit South Africa, our welfare team jumped into action to support people who are migrants and refugees, as there was very little government support available to them, and those in informal jobs were hardest hit. The welfare team assessed and assisted over 5,000 people during the hard lockdown and continue to do so now as the lockdown has eased. The Welfare Programme is just one of the areas that the guesthouse revenue supports.  

With many people still feeling overwhelmed by the effects of lockdown and not knowing how they can help, the Scalabrini Guesthouse offers a solution to this, while also being able to enjoy your time off.  

Heart of the city 

The guesthouse is located in the centre of Cape Town – meaning the beaches, mountains and other attractions are easily accessible. Each room comes with its own bathroom, there is daily housekeeping and laundry services are on offer. A fully-equipped kitchen allows for self-catering, but there are also plenty of great restaurants nearby! 

Contact Us   

Sindiso Hlokomayo – Facilities Manager 

reservations@scalabrini.org.za 

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Taking back the power and finding strength | #HelpingHandsSGBV

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Our #HelpingHandsSGBV campaign looks at how SGBV in South Africa affects children and adults from other countries. For non-South Africans, there can be extra barriers to reporting SGBV – but there are similarities in their experiences too. #HelpingHandsSGBV aims to provide information on how to better understand, report and get help on issues of SGBV in South Africa. 

Although Mawuwa’s* story is one of abuse starting in her home country of Burundi, it is also a story of strength. She has never given up on fighting for herself and her children to have a better life.  

Difficult Journeys 

“In the beginning it was difficult for me to speak up – it was really difficult.” Living very much in isolation in South Africa, not being able to speak English well and having only the father of her children for support – Mawuwa found herself unable to leave her abusive household. Noticing the bruises, a teacher at her daughter’s school began a conversation with Mawuwa around the safety of her and her children. “The teacher asked me if I want to stay – I said I don’t know where to go. I have no family. If I had somewhere to go, I would leave him.”  

Ending up in hospital and having her children taken into care was the end of the line for Mawuwa and the father of her children. She did not want to return to the house for fear of her life. “I made the decision not to go back.” This was the point where she decided that she was going to fight for herself and fight to get her children back.  

Mawuwa has faced barriers that are common for many people affected by sexual and gender-based violence (SGBV), but specifically for people who are not originally from South Africa. Her documentation was used as leverage by her partner and her lack of English meant that her support was very small if it existed at all.  

Gaining strength and finding help 

After Mawuwa was discharged from hospital, she began approaching different organisations for assistance, finding bits of help from each organisation. She travelled around Cape Town determined to seek out support and assistance. Mawuwa was reunited with her children from whom she had been separated during her discharge from hospital. 

Mawuwa accessed counseling services as well as legal services to help move forward in all spheres of life. Although some organisations were not able to help, her case is currently with lawyers who are helping her and her children specifically with their documentation.  

Her advice to someone living in a similar situation is to reach out to organisations. There are different services that can be accessed and different forms of help available.  You can visit the Scalabrini website to find organisations dealing with SGBV.  

Dreaming of a better future  

Mawuwa hopes for a life where her and her children can live with freedom from fear. Being able to have the correct documentation would allow Mawuwa and her family to access the rights that they have been fighting for over the last few years. Mawuwa dreams of her children having access to opportunities that she did not have; she wants them to be able to pursue their dreams and to live a life of peace.  

*Names and places have been changed  

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From silence to empowerment with Adonis Musati | #HelpingHandsSGBV

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As the manager of the counseling centre and Women’s Empowerment Programme at Adonis Musati Project, Sylvie Mbebe has been the first point of contact for many people affected by sexual and gender-based violence (SGBV). The Women’s Empowerment Programme focuses on reasons abuse could happen, facing abuse in a country that is not your home and how to move from being a victim to seeking help and even becoming an advocate against SGBV. 

Sylive has been part of people’s journey towards self-empowerment and the realisation of their dreams. In some cases, Sylvie's clients have gone on to speak out publicly against SGBV and advocating on others' behalf.  

Similarities and differences 

Working so closely with SGBV survivors, Sylvie sees many similarities faced by South Africans and people originally from other countries. “South African’s and migrants go through the same patterns of abuse and they suffer the same consequences of abuse.”  

Because of her line of work, she is also aware of the specific barriers faced by people who are not originally from South Africa. “I think there is a difference in terms of voicing what is happening. SGBV is more taboo in these (migrant and refugee) communities, where South Africans are more open to talking about it. That is the difference that I have seen.” 

Sylvie sees helplessness and fear as the major factors around preventing people from getting support or reporting the violence. She finds that, for many SGBV survivors, living in a foreign country adds to a sense of helplessness. With smaller social networks around them, these survivors often rely on the perpetrators themselves for support – especially in cases of intimate partner violence. Speaking up about this violence or reporting it can seem impossible.  

“Most of the time they tell me that they’ve never told anyone about it.” 

Barriers to talking and reporting 

When discussing barriers to talking about and reporting SGBV, Sylvie noticed some common themes. One is the need for acceptance and saving face. There is a fear of what the community will say as well as what their family will say. “If a victim has to make the community aware of what she’s going through, she fears stigma from the community. They are told that every couple has their issues and these issues need to be discussed behind closed doors. They are told that speaking about this makes you less of a woman.” Many people also feel ashamed by the thought of their story being passed around the community and forming some type of ‘gossip’.  

A second barrier to reporting SGBV is dependency. “Many of the people affected by SGBV are unemployed, or illiterate, undocumented, or have no family here to back them up. They think ‘if I have to talk and this man kicks me out of the house, where will I go?’ Where shall I go with my children? Who will provide for my children? It’s financial dependency and lack of knowledge in terms of rights.” 

Many of Sylvie’s clients have been let down by South African services such as the police and the court system. As a result, many people feel that reporting will not lead to a solution and may even aggravate the situation. 

Sylvie speaks of these being the common barriers, but that there are also very specific cultural reasons for each person not wanting to speak up. For example, in some people’s culture “it is a curse to marry a woman that has been abused.” This alone provides a specific reason why some of Sylvie’s clients have difficulties in addressing or leaving an abusive situation.  

Nevertheless, times are slowly changing. Thoughts are progressing, bolstered by people who have gained the courage to speak. Sylvie considers education as the vital key. If you know your rights you can start to really address SGBV. There are also small steps that people can take to broaden their social networks; like joining English classes, skills training programmes and community groups.  

Taking back the power 

The Adonis Musati Project runs peer counselling sessions. During these sessions, Sylvie noticed that people did not feel comfortable speaking about their experiences of SGBV. Their fear of stigma is still there. This birthed the Women’s Empowerment Programme. Here, a space was created for people to really express themselves, for their emotions to unfold and for their minds to reflect. “These women could really start to understand that they did not deserve the abuse. The programme is to help people realise that abuse is not normal. We also teach about rights, we inform them about resources they can access, and we speak about documentation, because documentation is also a factor that limits victims to report – the perpetrator also uses that to maintain the abuse.” 

“We advocate that women take the lead in their lives. When they are in the position of a victim, they feel like there is nothing for them and their dreams have been shattered. In our programmes we teach them to reflect on something that they still have, something that is positive – that can be a source for motivation for success. And I have seen women striving.” Sylvie has seen a woman with five children go back to school and another woman who has gone to nursing school and become a motivational speaker. “Knowledge is very important and there is no limit to education. Even if you come from far there is a future. Where there is life there is hope. Out of the broken pieces, you can use those broken pieces and make something beautiful out of it, if you believe.” 

 

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Scalabrini court victory for people seeking asylum in South Africa

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Home Affairs has been interdicted from implementing certain provisions of the Refugees Act and new Regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country where they could be face detention without trial, rape, torture, or death, merely because he or she was a month late in renewing a visa.

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On 30 November 2020, Judge Baartman handed down judgement in the Western Cape High Court, which suspended the operation of certain provisions of the Refugees Act, 1998 and the 2018 Regulations thereto (both of which came into effect on 1 January 2020). The suspended provisions are commonly referred to as the ‘abandonment provisions’. 

The suspension will operate until the constitutional attack against the impugned provisions has been adjudicated on by the Western Cape High Court and, to the extend necessary, confirmed by the Constitutional Court.

The Scalabrini Centre of Cape Town, represented on a pro bono basis by Norton Rose Fulbright and Advocates David Simonsz and Nomonde Nyembe sought to prevent the short and long term operation of the abandonment provisions, as the provisions infringed on asylum seekers’ rights to life, freedom and security of person, dignity, and equality; and prevented South Africa from fulfilling its international law obligations towards refugees, including the international law principle of non-refoulement.

The abandonment provisions provided that in the event that an asylum seeker fails to renew their asylum visa timeously, their applications for asylum are deemed abandoned. Arrest and deportation would follow for individuals with valid and undecided claims for asylum; back to countries of origin where they could face death, torture, sexual violence, and other forms of persecution from which they originally fled, or to countries experiencing grave disturbances to the public order. Only where an asylum seeker has a compelling reason (and proof thereof) for delaying to renew a permit following a lapse (such as hospitalisation or imprisonment) can the Department of Home Affairs pardon the late renewal.

This is deeply problematic as it means that refugees can be returned to face persecution, without ever having the substantive merits of their asylum application determined. It also leaves asylum seekers vulnerable in South Africa as essentially undocumented foreigners who will struggle to access health care, employment and education while they await the decision of whether their reason for late renewal meets the Department of Home Affairs high threshold.

The reality for asylum seekers is that they are frequently required to renew their asylum visas. In the renewal process, they experience extraordinary delays caused by the administrative failures of the Department of Home Affairs. These are often exacerbated by socio-economic factors such as not having the means to travel to far away Refugee Reception Offices as frequently as is required, waiting in long queues at the Refugee Reception Offices, facing corruption from officials who refuse to renew visas without bribes, or the general inefficiency of the Refugee Reception Offices that are over-worked but under-staffed. 

In light of these realities many asylum seekers fail to renew their visas for valid reasons. Judge Baartman delivered a powerful judgment, emphasising that the case does not involve imaginary victims – the suspended abandonment provisions affect real asylum seekers who could face serious human rights violations should the provisions continue to operate. She criticized the Department’s conduct in the case, which was characterised as regrettable and unhelpful.

The judgement will come as a relief to many asylum seekers who have been unable to renew their visas for valid reasons and will give them an opportunity to do so without the fear of being treated as an illegal foreigner and returned home. This includes many asylum seekers who may have been prevented from renewing their asylum documents prior to the pausing of services at Refugee Reception Offices during the national lockdown – a pause which is set to remain in effect until at least 31 January 2021. Scalabrini Centre, represented by Norton Rose Fulbright, firmly believes the abandonment provisions are unconstitutional and persists in a challenge to this effect.

 
 
Media Contacts

Norton Rose Fulbright Inc

Nicki van’t Riet, Director: nicki.vantriet@nortonrosefulbright.com 

Laura Macfarlane, Associate: laura.macfarlane@nortonrosefulbright.com 

Scalabrini Centre of Cape Town

Sally Gandar: Head of Advocacy & Legal Advisor: sally@scalabrini.org.za

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The Building Blocks to Empowerment | #HelpingHandsSGBV

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Getting to know ourselves 

“I would describe Women’s Platform as a space where women learn about who they are and try to grow from there. I would say it is a family, a home. I would also explain it as a journey.”  

Shingi West is the Women’s Platform Personal Development (PD) Manager – “Personal Development is actually the heart of Women’s Platform. It is where the women realise who they are and what they want out of life.”  

Working with both South African women and women originally from other countries, personal development courses focus on growth, empowerment and identity. “They [the women] learn about their different emotions and the importance of self-care – it’s very difficult for people to express themselves and understand how they feel or what they really want. We believe that once you understand how you feel in terms of emotions you are able to help yourself from there.” 

Goals, action plans, mentorship and networking are a major focus within Women’s Platform. It is also a space where women are able to develop a sense of community and a feeling of safety – to the point that if they are suffering from sexual or gender-based violence (SGBV), this is a space where they can ask for help or develop their thoughts and plans around their next move. 

Barriers to Reporting 

Shingi is aware of many reasons that people would not want to report their abuse. “I think it’s the way our society is shaped, the cultural norms, fear, secondary trauma and thinking about what people will say. Then there’s also financial implications, immigration status, isolation –imagine you are in a foreign country, you already don’t know people and now you are in this relationship that’s abusive. There are a lot of implications when it comes to leaving. That’s why I always feel that people who are in abusive relationships are strong to stay in those relationships and they are also strong to leave those relationships. We cannot even begin to judge them it’s unfair.” 

As a person who is migrating or has migrated, one encounters several specific spaces where SGBV can occur. Each person’s journey is different. “If it is intimate partner violence (IPV), most of the time you find that it started well before they came to South Africa and maybe worsened because of the situation when they got here. For others, it could have started when they arrived here. The sad thing from the research we had was, usually the husband comes first and their wife and sometimes children make their way alone to join him. On that journey, there can be different forms of SGBV – from their relationships with their partner, to what they’re running away from, to being taken advantage of travelling and crossing borders because they have no money to pay their way, to getting to South Africa and still being vulnerable to the same situations.” 

Safe Spaces 

Within Women’s Platform, educating women on their rights is very important. Once conversations are opened up, women are able to learn from each other and more spaces are created for them to ask for and receive support. “Sometimes when you realise that there is a group of women that can support you, that have gone through some of these things, that share the same language, that are from the same country, it gives you a bit more confidence to move to the next step.”  

What if someone confides in you that they are facing SGBV? Shingi would not recommend forcing anyone to go to the police and report, “it’s about the person realising where they are and where they want to go. Encouraging them to join support groups, to receive counseling to better understand their situation and to understand that none of it is their fault is key. Once they are empowered, once they have enough information to make a sound decision, then they can move forward from there.” Shingi emphasises the need to build trust so that when the person is ready to ask for support or is ready to leave the relationship, they know that you are there to support them. 

Once women complete the personal development courses, they can go on to the skills sector. This empowers them to become financially independent. “They can take baby steps until they reach that space of freedom.” 

“I always say, all women are resilient. We go through so many different things. Resilience is shown in subtle changes – where women want to be more empowered, where they want to be leaders in their communities, where they want to stand up for things that they never used to stand up for. Because you’re a woman you have the power to grow from where you are.” 

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