Which was activated by a notice published in the Government Gazette,
on Friday 13 July, has been criticised nationally and internationally
for its approach with respect to a number of aspects. The European
Union`s Regional Chamber of Commerce and Industry stated that
foreigners are hesitant to invest in SA for fear that there will be a
lack of protection over their investment.

Expropriation without compensation

The section of the Act that most concerns foreign investors is whether
their assets can be expropriated without compensation? Previously,
South Africa was party to a number of bilateral investment treaties
(BITs) that ensure countries are bound to treat investors from other
countries fairly. A key aspect to BITs is that they contain clauses
which state that in the event of assets being expropriated from
foreign investors, these investors must be adequately compensated. For
expropriation to be lawful, according to BITs, it must occur against
compensation, which should be ‘prompt, adequate, and effective’ or
‘immediate, full and effective’. This means that the compensation for
expropriation to be paid to investors must reflect the market value of
the expropriated investment.

BITs are now replaced by the new Protection of Investment Act. The
expropriation clause in the Act intentionally mirrors Section 25 of
the Constitution. It states that foreign investors have the right to
property, and may only be expropriated for a public purpose or in the
public interest and subject to compensation (the amount of which and
the time and manner of payment of which have either been agreed to by
those affected or decided or approved by a court). This is where the
concern lies, because BITs provided a safety net in that compensation
must be ‘prompt, adequate, and effective’ or ‘immediate, full and
effective’ and the Protection of Investment Act omits this.
Foreign entities will no longer have the protection of international
dispute resolution

The other area of concern is dispute resolution. The Protection of
Investment Act states that if an investor has a dispute regarding an
action taken by the South African government, they may within six
months request the Department of Trade and Industry to facilitate the
resolution by appointing a mediator. A foreign investor may also
approach any competent court, independent tribunal or statutory body
within South Africa for the resolution of the dispute.

Access to international arbitration provides security to investors. In
case of a dispute, the settlement mechanism takes the form of
international arbitration, often under the auspices of the World
Bank’s ICSID (International Centre for the Settlement of Investment
Disputes), referred to as investor-state dispute settlement. Foreign
investors could feel prejudiced in that the arbitration process

will
now occur in South Africa, and the process is at the mercy of the
minister of trade and industry. The Act does go on to state that if
all domestic remedies have been exhausted the South African government
may consent to international arbitration, but it is not clear how long
and at what point this would be deemed to have occurred.”
Negative impact on foreign direct investment

Minister of the Department of Trade and Industry, Rob Davies,
announced in 2014 that BITs will be replaced with the Protection of
Investment Act. Since 2015, the South African government began
cancelling BITs as these came up for renewal. So far, BITs have not
been renewed with European Union member countries that include
Belgium, Denmark, Germany, Luxembourg, Spain, Switzerland and the
Netherlands.

Much of South Africa’s FDI comes from these countries where BITs have
been terminated. The European Union’s Regional Chamber of Commerce and
Industry stated at the time that the withdrawal of the BITs does not
reflect well on SA. It sets the scene of a developing country
struggling for power and wanting to dominate foreign investors, rather
than an attitude of wanting to work together for the benefit of both
parties.

South African Reserve Bank (Sarb) statistics show that FDI into South
Africa declined from around R76bn in 2008 to just R17.6bn in 2017. A
UN report, the Global Investment Trends Monitor indicates that in 2015
FDI into South Africa fell by 74% to $1.5bn. However, the Department
of Trade and Industry claims that there is very little to no
correlation between investment inflows and BITs.

All of the above would seem to be odds with President Cyril
Ramaphosa’s $100bn investment initiative that was announced a couple
of months ago. It would not seem that the cancellation of BIT’s will
assist in making investors confident of investing into South Africa.
In particular, it is noted that the gazetting of the legislation was
at or about the same time that the UAE announced its commitment to
investing $10bn into South Africa which was as a result of initiatives
by the president and his counsel.

An uncertain regulatory landscape will not instill confidence in
foreign investors, something that our economy can ill afford. It is
critical now that the South African government swiftly adopts a stance
on investment protection for foreigners and makes explicit the
definitions of when and how this could occur without compensation. The
various Acts and laws that affect expropriation and compensation must
be finalised, harmonised and promulgated in order for foreign
investors to factor in this risk. V.2337

The increasing rejection rate for Schengen visa applications from Turkish citizens has brought the operations of tour companies to a grinding halt, according to a prominent industry representative. `As of 2024, even being able to apply for a visa is a success... We don`t know exactly what percentage of those who requested a visa were able to make an appointment,` said Association of Turkish Travel Agencies (TÜRSAB) head Firuz Bağlıkaya. V.5370
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• In June 2017, a refugee went to a Department of Home Affairs office to apply for the re-issue of his refugee papers that had been stolen during a robbery. • Instead of getting help, Ntahompagaze Abdul was arrested by Home Affairs officials on a charge of being an illegal immigrant and detained for 13 days. • The Gauteng High Court in Pretoria has ordered that the minister of Home Affairs pay R300 000 to the refugee for the unlawful arrest and detainment. The Gauteng High Court in Pretoria has ordered the minister of Home Affairs to pay R300 000 to a refugee who was unlawfully arrested at one of the department`s offices after he tried to apply for a re-issue of his refugee papers that had been stolen. V.5371
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• The Special Investigating Unit raided home affairs refugee centres around the country. • The search and seizure operation forms part of a probe into allegations of corruption linked to the issuing of asylum and refugee papers to foreign nationals entering South Africa. • Head of the unit, advocate Andy Mothibi, said information from whistleblowers played a key role in getting the probe off the ground. It was thanks to information from whistleblowers that the Special Investigating Unit (SIU) obtained warrants for Friday morning`s nationwide search and seizure operation at home affairs refugee centres. The SIU simultaneously raided all five home affairs refugee centres on Friday morning as part of a corruption probe linked to the issuing of asylum and refugee papers to foreign nationals entering South Africa. News24 was present at the large refugee centre in Marabastad, Pretoria, where more than 60 home affairs officials were understood to have been identified as suspects in the investigation. V.5372
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Legitimate asylum seekers are being sidelined in favour of these people who are able to pay massive bribes.` A crackdown on corruption in refugee centers countrywide is underway, as the Special Investigating Unit (SIU) and the Directorate of Priority Crimes Investigations (Hawks), conducted raids on several home affairs offices. It was a crackdown not only on illegal immigrants, but also on those facilitating them being illegally, Ayesha Kajee, political analyst and research fellow at Afrasid, said. This was specifically pointing a finger at home affairs, which itself had commissioned this investigation after the proclamation issued by the president, she said. “We have a responsibility to admit refugees and to protect and give them the appropriate status, but because of a large degree of corruption, many people who do apply for that status do not qualify. There is a level of criminality both within home affairs and among syndicates operating in collusion with the department,” Kajee said. V.5373
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The Special Investigating Unit (SIU) is investigating corruption between home affairs officals and foreign nationals The Hawks and Special Investigating Unit (SIU) raided several home affairs offices across the country on Friday as part of investigations into alleged maladministration and corruption. Minister Aaron Motsoaledi was part of an operation at an office in Pretoria and told eNCA that similar raids were taking place in other locations after information received by a whistleblower. “The corruption is done by officials here and foreign nationals who don’t deserve to be in South Africa but have lots of money to bribe,” he said. V.5363
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Home Affairs Refugee Centres are being raided by the Special Investigation Unit (SIU) and the Hawks. (Alex Mitchley/News24) • The Special Investigating Unit has raided home affairs refugee centres around the country. • Home affairs officials` cellphones have been seized. • SIU boss, advocate Andy Mothibi, and Minister of Home Affairs Aaron Motsoaledi were present at the Pretoria raid. The Special Investigating Unit (SIU) simultaneously raided all five of South Africa`s refugee centres on Friday morning as part of a corruption probe. It is understood that the unit is investigating corruption linked to the issuing of asylum and refugee papers to foreign nationals entering South Africa. V.5364
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Applying for critical skills work visa in South Africa as an artisan has been a challenge for the longest time. In 2014 when the current amendments to the Immigration Act were gazetted several gaps were identified in the Act which included the absence of a SAQA accredited professional body to register artisans. ECSA was not an option due to their minimum NQF criteria of 5 which was a notch above the rating being given by SAQA for artisans. There was a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient and then they were not. There was a time when registration with the South African Institute of Draughting was good enough and then it wasn’t. V.5365
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You might have obtained your work permit recently and second-guessing whether your visa is valid or not, this is a tricky situation to be in. There are many people out there who pretend to be immigration consultants or immigration lawyers only to scam you and issue you with a fake visa. The worst is being arrested or being detained in South Africa for something that you are not responsible and the Department of Home Affairs is coming down hard on these individuals. Many who don’t qualify for the critical skills are always looking at applying for the general work visa for South Africa and thus one of the most popular options to forge it because of how difficult it is to obtain it. While this could be true many temporary residence permits are forged throughout South Africa. V.5366
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Legal permission to work in South Africa is accessed by getting a visa. In you case it can be a relatives visa, spousal visa or life partner visa The whole question How I, a Zimbabwean man, can get a visa to be able to stay in South Africa and care for my seven-month-old child and her mother, when my critical skills visa expires in March and I cannot renew it as the skills list was changed this year. The long answer There are three possible visas: • Relatives visa; • Spousal visa; • Life partner visa. V.5367
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What is Permanent Residence? • What is Permanent Residence? • Can you buy permanent residency in South Africa? • What is Independent financial permit in South Africa? o But what does it mean to be financially independent? o There are many benefits with this visa when obtaining permanent residency such as: • How much do I need to invest in South Africa to get permanent residence? o What are examples of assets that could be counted as net-worth assets? • Can I add my family to the visa? o What do I need to add them to the visa? • What are the government fees for the visa? • • What happens if I dont qualify for the visa? V.5368
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