Angolan Cessation Updates

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Welcome. This webpage is for people affected by the Angolan Cessation: people who are originally from Angola, and who were previously documented with asylum or refugee documentation in South Africa.

The Department of Home Affairs is inviting qualifying Angolan nationals to apply for the Angolan Exemption Permit.

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This instruction video guides Angolan nationals on how to apply for the Angolan Exemption Permit (AEP), following the announcement by the Department of Home Affairs regarding the AEP permit on 5 August 2021.

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Questions + Answers

Who can apply for the Angolan Exemption Permit? 

  1. Angolans who were issued with the Angolan Cessation Permit (ACP) but did not apply for the Angolan Special permit (ASP).
  2. Angolans who were issued with the Angolan Special permit (ASP).
  3. All Angolan refugees or asylum seekers who were issued with Section 24 or Section 22 permits before 31 August 2013, this being the date when the Tripartite Commission Agreement was signed marking the end of the Civil War in Angola.

What are the requirements for application? 

  1. Angolan passport valid for more than 12 months on date of application.
  2. Proof of Refugee/Asylum Seeker Permit issued before 31 August 2013
  3. Copy of Angolan Cessation Permit (ACP) or Angolan Special permit (ASP)

Do I need to pay an application fee for the Angolan Exemption Permit? 

Yes, the Visa Facilitation Services (VFS) processing fee is R1 090. This is a requirement for the processing of your application and is NOT negotiable. Applicants under the ACP and ASP dispensation were not required to pay application fees. However, the Angolan Exemption Permit comes with rights of residency, which attract a fee for the processing. Clients who intend to apply for permits for their spouses and children must take note of the application fees requirement.

Is there an expiry date to these permits as was the case with the ACP and ASP?

The Angolan Exemption Permits will be issued with permanent residency and will not have an expiry date. The Minister of Home Affairs has in the past granted the rights of permanent residency for a specified period of time. This time around, permanent residency will be granted indefinitely which will allow permit holders when granted to apply for identity documents.

Is there a closing date for applying for the Angolan Exemption Permits? 

The Department of Home Affairs has not indicated when applications will be closed. However, we advise clients to submit their applications timeously to avoid a rush, should Home Affairs announce a closing date at a later time.

Can spouses and children apply for the Angolan Exemption Permit? 

Spouses and children of the affected Angolan nationals will be allowed to apply for mainstream visas or permits after the main member has obtained his/her exemption permit.

  • The spouse of an individual who has been granted permanent residency can apply for a temporary spousal permit
  • Children of the permanent resident of school going age are eligible to apply for a study permit.
  • Children who are not yet in school are eligible to apply for a relative’s visa.

All of these applications can be made from within South Africa. This is a positive move as this waives the requirement for first time applications to be lodged from the country of origin. In the interim these spouses and children should apply for a valid passport.

How does one apply for the police clearance report?

A South African Police Report, will be obtained by the department on behalf of the applicant, and a fee must be paid for this report.

Please note that an additional R185.00 is required for the police clearance report. This fee is payable at the VFS offices and they do NOT accept cash payments.

Applicants must ensure that they have made provision for payment by card for this service.

How long after submission of the required documents will it take before permits are issued?

The turnaround time to issue the Angolan Exemption Certificate may take up to eight weeks. However, it may take longer than that and applicants can track the status of their applications on the VFS website.

Are we required to submit proof of employment or study as in previous years? 

The Angolan Exemption permit will be issued with rights of permanent residency and with that comes the right to work and study in South Africa. Supporting documentation for your application is explained in step 1 above.

Will Scalabrini be assisting with submission of  applications for the Angolan Exemption Permits?

Scalabrini is not able to assist with applications at this point.  However, we are planning to do a step-by-step tutorial guide on how to submit the online application on the VFS website.

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What is the Angolan Cessation?

The South African government ceased (cancelled) refugee status for Angolans in 2013. Through various legal and advocacy efforts, most Angolan former refugees have been granted an ASP permit. Please click here to read more about the Angolan Cessation, or watch a short video about it, below.

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What is the Angolan Cessation Committee?

The Angolan Cessation Committee was set up in May 2018. It is separate to the Scalabrini Centre of Cape Town. This is an informal body, made up of people, originally from Angola, who previously held refugee status, who live in South Africa. The Angolan Cessation Committee’s aim is to try to engage with the Department of Home Affairs specifically on matters regarding Angolans who formerly held refugee status in South Africa. This Committee regularly communicates with the Scalabrini Centre of Cape Town (SCCT) who offers support and advice. Members of the Angolan Cessation Committee are not paid for this; their involvement is voluntary.

How was the Angolan Cessation Committee set up, and can I join?

In 2017 the Scalabrini Centre of Cape Town made a suggestion to the Angolan former refugee community to set up a committee. A meeting was held at the Scalabrini Centre. Then, a wider community meeting was held at Scalabrini’s hall, where the Committee was explained and people who wanted to apply to join were provided with contact details. The committee is open to people applying to join and we want to make sure that it is transparent and open. If you would like to join the committee, please write an email to angolancessationcommittee@gmail.com

What did the Angolan Cessation Committee ask of the Department of Home Affairs?

In January 2019, the Angolan Cessation Committee sent a letter to the Minister of Home Affairs, the Deputy Minister of Home Affairs, Head of Waivers and Exemptions and the Chairperson of Standing Committee for Refugee Affairs, requesting a meeting pertaining to three points:

  • Angolan former refugees holding an Angolan Special Permit (ASP permit), numbering about 2,000 people, have the right to remain in South Africa until 31 December 2020. These people have lived in South Africa for two decades and have adult children born here. We requested clarity from the Minister of Home Affairs regarding their futures, the possible extension of these permits or, ideally, the granting of permanent residency.
  • Many spouses and children of ASP permit-holders are currently undocumented due to the administrative exclusions presented by the Angolan Cessation process. They are unable to apply to immigration permits. This is a limited group of people. We requested clarity from the Minister of Home Affairs regarding their legality in South Africa and if his Department would provide documentation options for this category of persons.
  • Several Angolan former refugees were excluded from the Cessation process. This only pertains to those Angolan nationals who previously held refugee status and so is a limited group of people. We requested clarity from the Minister of Home Affairs on whether they can expand documentation options to this group of people.

You can see this letter (whose receipt was confirmed by the Department of Home Affairs) here.

This letter has been followed up on a regular basis since January 2019. No meeting has been granted, and no clarity has been provided for Angolan former refugees living in South Africa.

What else has the Angolan Cessation Committee done?

In November 2020, the Committee plans to undertake the different actions to try to get a clear message on the future for Angolan former refugees in South Africa. We are trying to get the matter raised in parliament too. In due course, we also plan to publish a press release. We will post updates here on this page.

Where can I get updates on this?

On this page. Via Scalabrini, the Angolan Cessation Committee will update here, on this webpage with news on our work. So please check back on this page for updates.

I want to contact someone from Scalabrini about this. Who can I contact?

Please email Ellen at ellen@scalabrini.org.za. Please include your full name (as per your passport), your passport number and, if applicable, your ASP permit number too.

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Cape Town Angola Special Permit Update

Angola Special Permit update

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This instruction video guides Angolan nationals on how to apply for the Angolan Exemption Permit (AEP), following the announcement by the Department of Home Affairs regarding the AEP permit on 5 August 2021

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Who can apply for the Angolan Exemption Permit? 

  1. Angolans who were issued with the Angolan Cessation Permit (ACP) but did not apply for the Angolan Special permit (ASP).
  2. Angolans who were issued with the Angolan Special permit (ASP).
  3. All Angolan refugees or asylum seekers who were issued with Section 24 or Section 22 permits before 31 August 2013, this being the date when the Tripartite Commission Agreement was signed marking the end of the Civil War in Angola.

What are the requirements for application? 

  1. Angolan passport valid for more than 12 months on date of application.
  2. Proof of Refugee/Asylum Seeker Permit issued before 31 August 2013
  3. Copy of Angolan Cessation Permit (ACP) or Angolan Special permit (ASP)

Do I need to pay an application fee for the Angolan Exemption Permit? 

Yes, the Visa Facilitation Services (VFS) processing fee is R1 090. This is a requirement for the processing of your application and is NOT negotiable. Applicants under the ACP and ASP dispensation were not required to pay application fees. However, the Angolan Exemption Permit comes with rights of residency, which attract a fee for the processing. Clients who intend to apply for permits for their spouses and children must take note of the application fees requirement.

Is there an expiry date to these permits as was the case with the ACP and ASP?

The Angolan Exemption Permits will be issued with permanent residency and will not have an expiry date. The Minister of Home Affairs has in the past granted the rights of permanent residency for a specified period of time. This time around, permanent residency will be granted indefinitely which will allow permit holders when granted to apply for identity documents.

Is there a closing date for applying for the Angolan Exemption Permits? 

The Department of Home Affairs has not indicated when applications will be closed. However, we advise clients to submit their applications timeously to avoid a rush, should Home Affairs announce a closing date at a later time.

Can spouses and children apply for the Angolan Exemption Permit? 

Spouses and children of the affected Angolan nationals will be allowed to apply for mainstream visas or permits after the main member has obtained his/her exemption permit.

  • The spouse of an individual who has been granted permanent residency can apply for a temporary spousal permit
  • Children of the permanent resident of school going age are eligible to apply for a study permit.
  • Children who are not yet in school are eligible to apply for a relative’s visa.

All of these applications can be made from within South Africa. This is a positive move as this waives the requirement for first time applications to be lodged from the country of origin. In the interim these spouses and children should apply for a valid passport.

How does one apply for the police clearance report?

A South African Police Report, will be obtained by the department on behalf of the applicant, and a fee must be paid for this report.

Please note that an additional R185.00 is required for the police clearance report. This fee is payable at the VFS offices and they do NOT accept cash payments.

Applicants must ensure that they have made provision for payment by card for this service.

How long after submission of the required documents will it take before permits are issued?

The turnaround time to issue the Angolan Exemption Certificate may take up to eight weeks. However, it may take longer than that and applicants can track the status of their applications on the VFS website.

Are we required to submit proof of employment or study as in previous years? 

The Angolan Exemption permit will be issued with rights of permanent residency and with that comes the right to work and study in South Africa. Supporting documentation for your application is explained in step 1 above.

Will Scalabrini be assisting with submission of  applications for the Angolan Exemption Permits?

Scalabrini is not able to assist with applications at this point.  However, we are planning to do a step-by-step tutorial guide on how to submit the online application on the VFS website.

 

What is the history behind the ASP permit?
Several ASP permit holders have asked for an explanation of the history behind ASP and how we got to this stage.
During the 1990s, thousands of Angolans sought refuge in the new democracy of South Africa, escaping a devastating civil war that continued for decades. This group of Angolans were granted temporary refugee status by the South African government which was renewed approximately every four years.

In 2012, the UNHCR recommended that, due to changes in Angola, States could cease refugee status for Angolans. Pursuant to this UNHCR recommendation, the South African government, the UNHCR and the government of Angola agreed that Angolan refugees living in South Africa no longer needed the protection of the South African government since the Angolan civil war had concluded and political stability had returned to Angola. In 2013, the South African government announced cessation and between May and August 2013, withdrew the refugee status of Angolan refugees.

The Angolan refugee community – which has integrated into South African society over the last twenty years – was deeply impacted by the possibility of forced return. A 2014 research report by the Scalabrini Centre identified the community’s deep levels of socioeconomic integration and The Cessation, a short documentary, traced the impact of the cessation process on three Angolan refugees living in Cape Town. Aside from the socioeconomic integration of the Angolan community, an entire generation of children born to Angolan parents have never set foot in Angola and know South Africa as their home.

The legal process for cessation involved the withdrawal of refugee status through the issuance of notification to the individual by the Standing Committee for Refugee Affairs, to which he or she may respond.

Angolan refugees who had their status withdrawn were provided with three options: voluntary repatriation to Angola, apply for continued refugee status, or apply for a temporary residency visa to remain in South Africa.

The large majority of affected Angolans applied for the temporary residency visa. This came to be known as the ACP permit: a two-year work, study or business permit which was issued under relaxed immigration rules valid from 2013 to 2015. According to the Department of Home Affairs, 2,049 ACP permits were issued in total.

As the expiry dates of the ACP permits neared, it became apparent that ACP permit holders could not extend their permits, due the strict Regulations of the Immigration Act. In May 2014, the Scalabrini Centre began discussions with Home Affairs to advocate for continued legal stay of ACP permit holders, under relaxed immigration conditions, based on their strong ties to South Africa.
The Scalabrini Centre asked Home Affairs to extend these permits or provide permanent residency. However, Home Affairs declined. In October 2015, the Scalabrini Centre submitted an application for permanent residency made on behalf of the entire category of ACP-permit holders. Home Affairs did not respond.

In November 2016, after a year of legal steps and negotiations, the Minister for Home Affairs agreed in an out of court settlement to consider and determine applications for permanent residence in terms of section 31(2)(b) of the Immigration Act for all ACP permit holders. The procedure for this application was set out in a Court Order by the Western Cape High Court.

The Court Order tasked the Scalabrini Centre with receiving permanent residency applications, and was bound to deliver these applications to Home Affairs on 15 February 2017. In December 2016, the Scalabrini Centre opened a receiving centre. This ran until 20 January 2017, at which point 1,776 Angolan applicants had come through its doors. In total, 1,241 permanent residency applications were received at the Scalabrini Centre.
Angolans in other South African cities sent their applications to the Scalabrini Centre via the Legal Resources Centre, Lawyers for Human Rights and the Refugee Rights Centre at Nelson Mandela University. This brought the total number of applications to 1,737.
Angolan ACP permit holders were asked to provide a variety of documents, including police clearance certificates, proof of work, bank statements and proof of integration into South African life. Some applicants submitted applications that were hundreds of pages long, documenting two decades of lives and the Angolan community's contribution to democratic South Africa.
These applications – bound in 160 files comprising of an estimated 80,000 pages – were delivered to Home Affairs on 15, 16 and 17 February 2017. It took three days to process receipts for the lodgment of these applications.

The Court Order stipulated that the Minister of Home Affairs must issue individual decisions for each applicant by 15 May 2017. An extension was agreed upon and in July 2017, the Minister of Home Affairs decided to grant conditional rights of permanent residency to the entire class, for a period of four years. Conditions included that applicants must submit photos, biometrics, police clearance certificates and supporting documents via VFS. Applicants had until 15 December 2017 to provide the necessary documentation to VFS.

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Reflections on migration : Lea

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The team at The Scalabrini Centre of Cape Town (SCCT) works with people who are migrants and refugees every day. With such deep expertise at hand, we take the opportunity to reflect on migration with them. This month we speak to Lea Liekefedt, who spent six months volunteering with Women’s Platform

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Growing up in a multi-cultural part of Germany and hearing stories about her grandmother being a refugee of war, Lea has always had an acute awareness of migration. At university, Lea studied political science and focused her research on the shortcomings of migration policies in Europe. It was during this time that Lea developed a critical stance on Europe’s existing migration policies.

Whilst volunteering at the ‘jungles’ in Calais, France, Lea realised that she wanted to “put theory into practice and support women on the ground. They [women] are the most vulnerable to suffer from the consequences of involuntary migration and inadequate gender policies.” Lea has seen this to be true in Europe and South Africa. “There is a lot of rhetoric, but it is not practical.”

Volunteering with Women’s Platform allowed Lea to work directly with and learn from women on the move. “There are so many struggles that these women go through and the pandemic has put them into an even more vulnerable state.”

Women’s Platform acted quickly to adapt their programme, to ensure they could still support women in their network during South Africa’s lockdown. “Sometimes we were not able to reach everyone, even with all the effort that was put in,” explains Lea when talking about the challenges that Women’s Platform faced. “We know they [the women] are there and need support, but getting the access to them during the pandemic could sometimes be difficult due to internet connection for instance.” She also notes that even with these difficulties, “the women are experts at survival” and many were able to connect and build communities around them even during the isolating times.

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The Women’s Platform team are motivated by the women themselves – their stories, their drive and their resilience. “They bring so much light and joy, despite the hardships that they face…We are able to relate on womanhood even though we all come from very different backgrounds.”

On finishing her placement with Women’s Platform, Lea has left South Africa feeling inspired by the women she was working with. For example, Lea met women in their 40’s focusing on starting their education again or starting new jobs. “As a young woman myself, it’s inspiring to see that.”

Lea has witnessed women within the platform who were once shy and timid, become confident community leaders. She emphasises that taking care of women’s needs and promoting independence paves the way to sustainable development in society. “When we focus on the stories told by those most affected by inequalities, we can have sustainable development and better policies.”

Lea supports governments’ development policy that recognises women as the fabric of society. “They bear the burden of supporting families and they carry the experiences of their families – there need to be more safe spaces for women and more support. This includes women who are originally from South Africa and women who are not.”

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“Migration is part of our global history.” Drawing from her own personal experiences and from what she has learnt at SCCT, Lea has seen that migration across the world is inevitable. She believes that seeing migration as an opportunity and allowing skilled women from other countries to work in their professions would benefit the South African economy. “I noticed that there is such a bureaucratic burden for women who are highly skilled to get access to jobs because of immigration and documentation issues.”

Within the Women’s Platform, Lea has met a woman who got her education in South Africa and has qualified as a teacher, but is unable to work due to her documentation. “Great teachers are needed everywhere, especially female teachers who introduce students to new cultures.” She has met many women within the platform who want to be active in and beneficial to South African communities. There are nurses from DRC who aim to educate people on HIV/AIDS and other women who run their own schemes to feed the homeless. “That’s what’s important about Women’s Platform. It’s a journey. During the journey, the women get a sense of community, but also a sense of responsibility to society.”

Lea is about to start her Masters in Development Studies. “With the work at Scalabrini and supporting the Women’s Platform, I hope to play a little role in re-establishing a sense of fairness and opportunity in a practical way.”

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International Youth Day Reflections with UNITE

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Diana and Mtheza have worked closely with the UNITE Youth. Drawing from their own experience and from speaking to the UNITE Youth, they take this opportunity to reflect on International Youth Day.  

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One of the biggest issues that have come up in the UNITE discussions, is that the youth want equal access to opportunities. The Olympics taking place has highlighted this for the students – they are seeing sports that they have previously never been exposed to. 

Diana: “How can we include all youth in South Africa to be able to reach their highest potential? They [the youth] want good leadership – leadership that they can look up to, out there for the people, listening to their needs, taking steps and actions to better the lives of people living in South Africa.” 

Mtheza : “I would like to see South Africa catering equally to everyone. I wish the gap between the rich and the poor could be bridged…We need to teach people not to only think for now, but for the future as well.”   

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UNITE focuses on provoking critical thinking and activism in youth – nurturing future leaders.  

Mtheza: “Parents are noticing that their children are starting to question things. They are saying “yes, I am young, but I have a voice”. The parents are feeling very positive about this.”  

Diana: “The conversations they are having with their parents are starting bigger conversations. They [the youth] want to see change. I’m pretty confident and I hope that the learnings and teachings that they’re getting from the programme means we have an amazing chance to find leaders who stand up for what is right and that do the right thing. Because that is what they want.” 

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Mtheza: “We have kids coming from different countries and different cultures. I was working only with South African kids before UNITE. The UNITE Youth have taught me to understand other cultures better.  

Diana: “This year, we spoke about culture and the intersectionality of people. The people that we’ve got in the programme are kids from South Africa. We also have some non-South African kids, kids that are part of the LGBTQI community, Xhosa kids and Zulu’s. I’m from Ghana, Mtheza is Xhosa. So, there’s lots of different perspectives that they are exposed to. They are able to embrace each other and they have become a little family… We encourage the leaders to lead the conversations that take place in their schools. There is quite a big focus on peer led conversations. Sometimes you find that the topics are better received when it’s coming from someone that is more relatable to them. It hits different when it’s their friends pushing a message.” 

Mtheza: “They study identity, diversity and integration. These topics encourage the kids to promote intercultural understanding… The whole basis of the programme is to talk about these issues. At the core of the programme we promote integration through discussions and encouraging them to be activists and not to keep the discussions within the programme, but to go out and talk to their peers and talk to their community about these issues.” 

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Woman here, woman there

Two women from the Democratic Republic of Congo and Angola describe women’s rights and realities in their home country compared with their experiences in South Africa.

Scalabrini Centre Releases 2020 Annual Report

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This year, life changed for all of us. At SCCT, the Covid-19 pandemic had a wide and deep impact on our services and clients.

Whilst we transitioned our programmes online, our assistance to migrant and refugee populations in South Africa adjusted and adapted to their changed realities. We witnessed clients who – having survived precariously prior to the pandemic – fell into desperate need as jobs disappeared during the national lockdown. But we also witnessed an innovation and resilience – clients (from as far as Brasil) joined our remote English courses whilst others stood in solidarity to assist others in their communities.

One beautiful phenomenon that emerged amidst the hardship of 2020 was an unexpected generosity for those worst impacted by the pandemic. If ever you have been far from home, you will know that the generosity of strangers is a very special and powerful commodity. In ancient Greek culture, xenia (which translates as ‘guest-friendship’) was a sacred rule of hospitality – in which rituals of generosity and courtesy were provided by hosts to strangers who were far from their homes. Xenia sets out reciprocal actions that apply to both host and guest, and is a theme which threads through important texts – such as the Qu’ran and the Bible – and is crystallized in our own cultures – like our sense of Ubuntu.

How xenia plays out in the modern world, especially in the context of migration in South Africa, is vital to our work at SCCT – and vital to migrants and refugees far from their homes.

Through our various client-facing programmes, we were deeply aware of an extreme hardship facing our clients under lockdown. Between April and August 2020, for example, our Welfare Programme had provided direct aid to approximately 5,045 people (their target for this period is usually 364 people). This hardship reflected the wider struggles facing South Africa: during the pandemic our unemployment rate rose to just over 30%.

You would think that in this context of dwindling incomes, unsteady jobs and uncertain futures, ‘xenia’ would be at its lowest. But we witnessed an organic, bountiful generosity from all corners of society. Take our crowd-funding campaign that raised R197,000 for welfare assistance to those who are refugees or migrants facing serious hardship under lockdown. Or take Artists4Equity – an online artists’ auction – which raised R17,000 for the same fund, through the generosity of its organisers and participating artists. Or Joel’s Table, who approached us to inform us of his pop-up restaurant evening, which raised R2,000 for SCCT’s fund.

These donations all stand for something: they stand for hospitality and generosity – a form of ‘xenia’ – even in the face of crisis and pandemic. If anything, this pandemic has been a humbling reminder of the fragility of what we have. Perhaps it is this reminder that sparks such deep generosity.

This year saw some key successes at SCCT including the Advocacy Programme’s success in the High Court resulting in the Social Relief of Distress Grant being extended to certain asylum seekers and special permit holders. Our programmes harnessed modern technology to provide remote services in innovative ways: UNITE completed all curriculum modules using Zoom and WhatsApp, whilst English School used a newly designed WhatsApp curriculum! UpLearn created and launched a new professional development curriculum and, behind the scenes, teams like Facilities and Communications worked hard to make sure all these programmes ran smoothly and were represented to the outside world.

Enjoy reading, and we hope wherever you are, you are a provider or recipient of ‘xenia’ – which is generous and magic, even in the smallest of doses!

Miranda Madikane

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Asylum and Refugee Documents during South Africa’s Covid-19 National Lockdown

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Migration was greatly affected by the South African national lockdown. Initially, travelers from ‘high-risk’ countries were banned from entering South Africa and, during parts of the lockdown, all of South Africa’s land borders were completely closed.

For international migrants already living in South Africa, the announcement of the national lockdown brought confusion and fear around their documentation and legal stay in the country during the pandemic.

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‘I cannot ignore the expiry date on my refugee status’

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Around 188,000 people in South Africa hold asylum seeker documentation, and around 173,000 people hold refugee documentation. Asylum seeker documentation is typically valid for anything between one and six months.

Therefore, by September 2020, every single person on asylum seeking documentation in South Africa would hold an expired permit.

‘For me it was scary,’ says Muholeza, who is originally from the Democratic Republic of Congo (DRC). ‘I cannot ignore the expiry date on my refugee status’. Concerned at how the Department of Home Affairs (DHA) would deal with expiring asylum and refugee documentation, Muholeza awaited announcements from the government. ‘I had no idea how they are going to deal with the numbers of people who have expired.’

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A blanket extension

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Three months after the initial lockdown was announced, on 10 June 2020, the South African government announced in Gazetted Amended Directions that all asylum and refugee documentation that had expired since the beginning of lockdown – 15 March 2020 – would be subject to a blanket extension for a period of four months. We welcomed this announcement as it provided clarity for many of our clients and the wider asylum and refugee population of South Africa. This extension was extended another four times (July 2020, September 2020, January 2021 and most recently in March 2021). Currently, refugee and asylum documentation that has expired on or since 15 March 2020 is considered valid until 30 June 2021

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Accessing services during the pandemic

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In theory, this blanket extension meant that people holding recently expired asylum or refugee documents in South Africa would be able to continue accessing banking, employment and other services. For many people, this indeed worked. For example, The Banking Association of South Africa confirmed that their banks did not automatically restrict such bank accounts as a result of expired asylum or refugee documentation. Of some help was a specific announcement by the Department of Home Affairs that ‘all the rights, benefits and obligations of asylum seekers and refugees remain the same.’ For many clients, blockages in accessing banking or employment were lifted once the government regulations were printed and presented by the client.

However, for some of our clients, accessing services with seemingly expired documentation was difficult. As the lockdown lifted slightly, some wondered why the Refugee Reception Offices could not reopen, considering other services and offices were beginning to open their doors. ‘[At that time], I could not see a reasonable argument why Refugee Reception Offices were still closed when they opened up public transport, churches and Home Affairs civic services. The same measures that were applied in those areas could have been applied at the Refugee Reception Office too, such as distancing and 50% capacity.’

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Providing remote assistance

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During the pandemic, Scalabrini’s Advocacy Programme provided information to clients remotely, using its Advocacy Hotline. Initially, many clients could not access banking, or were facing problems securing their employment, due to the seemingly expired documentation that they were holding. “Failure to provide an updated Section 22 and Section 24 documents meant an inability to access banking services,” recalls Ellen Chirima, Advocacy Officer at Scalabrini, who worked on the Advocacy Hotline. “People were concerned about losing their jobs due to expired documentation and students were worried that their studies would be disrupted due to the failure to submit up to date documents”.

Governmental directives that confirmed the blanket extension for recently expired asylum and refugee documentation assisted such clients. “The blanket extensions provided relief to an extent,” says Ellen, who estimated that about 70% of clients she encountered were able to access previously blocked services once they had the government directives at hand. “For example, in cases where clients had been stopped from going to work, we would reach out to the employer and explain the validity of the Section 22 or Section 24 documents with the backing of the Directions.”

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Post-covid: A new online system and mixed feelings

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Prior to the pandemic, extending an asylum or refugee document at one of the government’s Refugee Reception Offices was a lengthy task. Muholeza describes it as being a ‘full day commitment.’ In some cases, it required travelling long distances.

A recent report found that 60% of asylum respondents’ adjudications took over five years and – as asylum documentation is issued for anything between one and six months – this would mean multiple trips to Refugee Reception Offices. Eddy (not his real name), also from DRC, has been in the asylum system for 12 years. ‘Before the pandemic, I was having to go to Home Affairs every month. I used to arrive at 3am, and that way I knew I would get inside.’

The most recent DHA directives point to a new system, that moves away from clients going to the Refugee Reception Offices in person. DHA has developed an online system that will allow for the extension of asylum and refugee documentation. (See our infographic here for details on the online system.)

‘For someone like me, who does everything online, I think it will be a relief,’ says Muholeza. ‘But I am still skeptical around it. I can only hope that their service will be efficient.‘ Eddy shares a similar sentiment. ‘For some people, it will be good. But, before covid-19, in Pretoria (Refugee Reception Office), the system was often offline. This online system is fine but we know Home Affairs is the ‘king of offline’ – so I am concerned about this.’

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Post-covid: A new online system and mixed feelings

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The online renewal system is up and running. Documents are issued using a password-protected PDF. Whilst we welcome this move to an online system, we have yet to see how it will function with larger numbers of applicants. Awareness around the use of these online-issued refugee and asylum documents needs to be heightened as services like banks, schools and workplaces become accustomed to using these documents and verifying them using the email addresses on the document itself.

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If you want more information about this, please read our infographic on the online asylum/refugee extension system, and keep updated on our news page or social media

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Three insights on migration: Sarita

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The team at The Scalabrini Centre of Cape Town (SCCT) works with migrants and refugees every day. With such deep expertise at hand, we take the opportunity to reflect on migration with them. This month we speak to Sarita, who volunteered with the Employment Access for four months. 

Sarita saw how harnessing the skills that migration brings could benefit South Africa – and Africa as a whole.  

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Sarita moved from South Africa to Germany in her teenage years. “Most of SCCT clients move away because of dangerous situations. When I moved to Germany, I had a much easier landing than a lot of our clients do.” Although her move to Germany was ‘comfortable’, her experience enabled her to empathise with people who have moved away from home. Sarita returned to South Africa to start her studies and began volunteering with Employment Access.  

Living in a different country can present barriers when it comes to seeking employment. Sarita noticed how these barriers were exacerbated for SCCT clients during the time of Covid-19. “Just applying for jobs is difficult. Many clients can’t apply for jobs because they have no data, people don’t have money for transport or childcare to be able to go to interviews or to work.” This applies to South African citizens too. With clients not being able to come into SCCT, Sarita and the Employment Access team depended on telephonic consultations – and language barriers became more obvious.  

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“Many people who are migrants or refugees are highly qualified when they come to South Africa. In my time at SCCT, I worked with people who are qualified doctors and teachers.” Many people are not able to use their qualifications in South Africa. “One of the qualified nurses applied for a housekeeping job. There are very few people that I’ve met who have been able to work in their fields.” Watch our documentary called Critical Skills, which looks at the struggles that skilled refugees face in order to practice in South Africa here.  

Sarita emphasises that South Africa could be harnessing these skills and qualifications. “We have such a serious lack of skills. We have understaffed hospitals, but hundreds of nurses are here and unable to work. If South Africa could develop accessible processes to allow qualified non-citizens to practice their skills, I definitely think that people who are migrants or refugees could help to fill major gaps in our sectors”. 

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Looking at migration from an economic perspective, Sarita says that research shows, migration could bring positive change to the African continent as a whole. “If South Africa can shift to a Pan-African perspective, I think we could see major benefits. Strengthening our economy and increasing the number of skilled people strengthens us all.”  

Sarita reflects on the wider picture of harnessing the economic potential of migration. “That can only happen if we’re engaging with and including everybody instead of choosing to engage and include one group of people.” (New Study Finds Immigrants in South Africa Generate Jobs for Locals – )  

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Going Home: In memory of Appo*

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Thousands of clients walk through Scalabrini’s doors every year. As staff, we have different types of interaction with each client. In some cases, different teams get involved to find a solution. Some stories stay with you forever. Appo will remain someone particularly important to us as a team.

This is in memory of Appo, and is dedicated to his family, wherever they might be.

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Falling sick far from home

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Appo* was from the Democratic Republic of Congo (DRC). He migrated to South Africa in 2011. He started a life in Cape Town, but the following year in 2012, he suffered a gunshot wound to the head and his chin was damaged. The wound resulted in cancer, affecting his face. He was treated in the hospital and underwent surgery and different therapies. Appo was becoming increasingly sick and, unable to work, he also lost his job. Sadly, the hospital told him there was nothing more that could be done. Recognizing that he was terminally ill, Appo began to want to return to his homeland.

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A final wish to return home

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Despite it being uncomfortable to move, Appo got onto public transport and often came to Scalabrini. When Appo decided that he wished to return home for his final months, he approached the Welfare Team at Scalabrini for assistance. At that point, they could not assist him in returning home; and as Appo had no other means to leave, it seemed that Appo was trapped in South Africa.

He was renting a small room and Scalabrini assisted with transport, and rent, and was helped by his local church. It was increasingly difficult for Appo to move around and to speak, because the illness was affecting his facial abilities. Finally, Welfare was put in touch with a private donor who was willing to fund the flight home.

One would imagine that the return home of a terminally ill person would be a relatively simple, smooth process. But assisting with the return of Appo took the full force of the Welfare and Advocacy teams combined.

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Ensuring a dignified return

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Normally, returning to your country of origin is a complex administrative process; you must hold official documentation to both leave South Africa and enter your country. The Advocacy Programme  worked with the Department of Home Affairs to cancel Appo’s asylum documentation – a process that typically takes months. Simultaneously, the Congolese authorities had to recognize him as a citizen in issuing emergency travel documentation. For each of these processes, many other documents are required. Above this, the Welfare and Advocacy Teams worked to ensure he would be accepted on the flight as he was at stage four cancer. This process required Appo to come in and out of Scalabrini and to various places, which must have been exhausting for him.

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Taking flight

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Finally, after many hurdles and difficulties – which we were all aware fell mainly on Appo’s shoulders – Appo was on the plane to DRC. It was his first time on a plane, and he was alone and not well. Complications led to him being denied entry to the connecting flight in Johannesburg, and the Scalabrini team in Johannesburg were able to assist him in providing shelter and medical assistance before rearranging his boarding on the next flight to DRC.

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Final words

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Finally, Etienne received a call from a Congolese number. It was an official at the airport in Congo, who called to say that Appo was at the airport but no one was there to collect him. We believe that his family, with whom we had been in touch, had not been able to afford the journeys to the airport from the village and had perhaps suffered a break-down in communication as Appo was not on two previous flights that he was meant to be on.

The church network was alerted and a local priest from Lubumbashi was able to collect and host Appo. We asked to speak to him, but the journey seemed to have exhausted him as the priest told us that Appo was not able to speak anymore. Such a journey is exhausting for a person in good health, let alone someone in Appo’s state. Appo stayed at the church in Lubumbashi, where he was looked after by the church staff as best they could.

Weeks later, we received news that Appo had passed away. It brought us sadness and, to some degree, relief – because Appo was in pain and all he wanted to do was go home. Whilst he was not with his family, he at least passed away in his hometown of Lubumbashi, on his own soil, and was not alone.

We never got to speak again to his family, but we often think of them and wish them the best, as well as everyone who helped Appo along his way – from airport officials to priests. In memory of Appo, who fought until the end.

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*Names have been changed to protect his identity.

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Press Release: Scalabrini Returns to Court for Cape Town Refugee Office Case

The Scalabrini Centre of Cape Town is back in court challenging the Department of Home Affairs’ non-compliance with the court order ordering the re-opening of a fully functional Refugee Reception Office in Cape Town.

The ‘Special Master’ case is set down for hearing in the Western Cape High Court on 12 and 13 May 2021.

The Scalabrini Centre of Cape Town and the Somali Association of South Africa, represented by the Legal Resources Centre, are going back to court to ask for a ‘Special Master’ to oversee the Department of Home Affair’s compliance in the matter Scalabrini Centre of Cape Town v Minister of Home Affairs (Case 1107/2016) – previous litigation which successfully sought the re-opening of a fully functional Refugee Reception Office (RRO) in Cape Town.

In 2017, the Supreme Court of Appeal (SCA) found the closure of the Cape Town RRO to be unlawful. The SCA ordered that the DHA reopen and maintain a fully functional refugee reception office in or around the Cape Town Metropolitan Municipality by Friday 31 March 2018. The Director-General was also ordered to submit monthly progress reports to the applicants showing progress toward the reopening of the Cape Town RRO.

DHA attempted to appeal this matter to the Constitutional Court, but in December 2017 the Constitutional Court dismissed the DHA’s application and directed it to comply with the SCA Order. To date, no fully functional RRO has been reopened in Cape Town, nor have regular monthly progress reports been submitted.

DHA’s non-compliance has led the Scalabrini Centre of Cape Town, as applicants in the matter, to re-approach the Courts. We are seeking the appointment of a Special Master to oversee compliance to reopen the RRO.

More Information

For a fuller explanation on the previous Scalabrini Centre of Cape Town v Minister of Home Affairs case, and why a fully functioning RRO in Cape Town is needed, visit our explainer page

Contact Us

For more information, contact:

Sally Gandar

Head of Advocacy & Legal Advisor, the Scalabrini Centre of Cape Town

sally@scalabrini.org.za 

or

Sherylle Dass

Regional Director: Western Cape, Legal Resources Centre

Sherylle@lrc.org.za