However, following a ruling of the High Court of South Africa,
Gauteng Division (Pretoria) on 27 February 2019, this will no
longer be the case as a result of litigation initiated by
Werksmans Attorneys’ pro bono department.
During the course of their employment, employees (including asylum
seekers) have a duty to make contributions to the UIF.
The employer makes the contributions on the employee’s behalf by
deducting the relevant portion of their salary. Upon termination
of the employment relationship, the contributing employee becomes
entitled to benefits from the Fund. To claim these benefits, the
employee is required to submit, amongst other things, an identity
document, in terms of the Unemployment Insurance Act Regulations.
However, asylum seekers (defined as people who have arrived in
South Africa and applied for refugee status as a result of being
forced to flee their countries of origin) do not have identity
documents.
For an asylum seeker to obtain an identity document, their
application for asylum must be successful, at which stage they are
formally declared to be a “refugee”, and become entitled to a
wider body of rights, including an entitlement to an identity
document. The regulations to the Refugees Act specify that the
asylum application should take no longer than 180 days. In
reality, however, many of these applications take longer than 10

years.
Because asylum seekers do not have identity documents they are
excluded from claiming benefits from the Fund, despite many having
made contributions to the Fund for years.
Such was the case for 5 asylum seekers represented by Werksmans in
an application against the Minister of Labour, the Director-
General of the Department of Labour and the Unemployment Insurance
Commissioner (the Respondents) to declare certain regulations of
the Unemployment Insurance Act unconstitutional to the extent that
they exclude asylum seekers from claiming benefits; and to direct
that the Department of Labour affect the necessary systemic
changes to allow asylum seekers to claim benefits.
The application was opposed by the Respondents and subsequently
set down to be heard on 27 February 2019.
Upon arriving at court on the day of the hearing, the Respondents
conceded on all material aspects of the application, as a result
of which the impugned regulations were declared unconstitutional
and an order was granted in favour of the asylum seekers, with
costs.
This judgment is an important endorsement of the principles of
social justice in that asylum seekers who have made contributions
to the Fund will now be able to claim their benefits if they are
in possession of a valid asylum seeker permit. V.2775

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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