This phenomenon, which affects South African children whose birth
has not been or cannot be registered, stateless children, as well
as migrant children in an irregular situation, results in some of
the most vulnerable children in our society remaining virtually
invisible and exposed to a multitude of dangers. The current
policies, the SAHRC has found, unfairly punish the child and
hinders their development at what is likely to be a crucial time
in their life.
The practice of requiring documentation as a condition for
enrolment and access to basic education runs contrary to the
spirit and values espoused in the Constitution, and directly
violates the obligations of the State in terms of international
and domestic human rights standards. While the SAHRC notes that
the right to a basic education as contained in section 29(1) of
the Constitution is not absolute, given its far reaching
implications, any limitation of the right would need to meet a
high threshold in order to pass the test of being reasonable and
justifiable.
The SAHRC notes that a number of efforts have been made by various
state departments with a view of addressing the issues, but
remains concerned that existing policies and processes are
insufficient

to adequately safeguard fundamental rights. In line
with its Constitutional mandate to review government policies and
make recommendations to the State, the SAHRC has developed a
Position Paper with a view of providing guidance on bringing our
practice and legal framework in line with the Bill of Rights and
international obligations.
The Paper, which makes findings and recommendations on access to
school; funding policies; and immigration control can be accessed
on its website at the following link:
https://www.sahrc.org.za/home/21/files/SAHRC%20Position%20Paper%20
on%20Access%20to%20a%20Basic%20Education%20for%20Undocumented%20Le
arners%20in%20South%20Africa%20-%2012092019.pdf
The issues dealt with in the Position Paper will be heard before
the Grahamstown High Court in the matter of Centre for Child Law
and 25 others v Minister of Basic Education and 4 others on 18 and
19 September 2019, which matter is anticipated to establish
ground-breaking jurisprudence on the right to a basic education
and the rights of undocumented persons in South Africa. Members of
the media are encouraged to attend the proceedings.
www.samigration.com V.2971

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article