The applicant, Emily Musimwa, was remanded in custody by the
Hillbrow Magistrate Court in January pending trial (February 17,
2020) for violating Section 49 of the Immigration Act.
She then approached the High Court to seek recourse, having
already spent two weeks in prison.
Her lawyer, Dr Vusumuzi Sibanda argued Musimwa sought asylum
because Zimbabwean laws are unkind to the Lesbian, Gay, Bisexual,
Transgender and Intersex (LGBTI) community and she could not be
deported to Zimbabwe without approaching the refugee centre.
On February 12, 2020, at the High Court of South Africa: Gauteng
Local Division in Johannesburg, Judge Kathree-Setiloane, ordered
the Ministry of Justice and Correctional Services, the Director of
Public Prosecutions: Gauteng Local Division and National
Prosecution Authority, the Chief Director: Asylum Seeker
Management DHA and the Minister of Home Affairs, cited at the
first, second, third and fourth respondents to release Musimwa
forthwith.
“It is ordered that in terms of Regulation 2(2) of the Refugees
Regulations, the applicant is entitled to remain lawfully in the
Republic of South Africa for a period of 14 days in order to allow
her to approach the Refugee Reception Office to submit her
application for asylum,” read the high court order.
The Director of Public Prosecutions: Gauteng Local Division and

National Prosecution Authority and the Minister of Home Affairs
were “hereby interdicted from detaining criminally charging and or
deporting the applicant in terms of the Immigration Act 13 of 2002
until her status under the Refugees Act 130 of 1998 has been
lawfully and finally determined by the Refugees Determination
Office.”
Judge Setiloane also ordered the Chief Director: Asylum Seeker
Management DHA and Minister of Home Affairs to immediately issue
Musimwa with a permit contemplated in Section 22 of the Refugees
Act 130 of 1998 read together with Regulation 2(2) of the Refugees
Regulations.
“The first and the second respondent are ordered to pay the costs
of this application including the wasted cost on February 11,
2019, jointly and severally, the one paying the other to be
absolved,” said the high court order.
Musimwa’s lawyer said she was “never supposed to stay in custody
and the court was supposed to release her the day we appeared
(that was January 22, 2020) because the law is clear on that for
claimants to the asylum system. The Magistrate (at (Hillbrow
Magistrate Court) failed to apply the law and neglected the rights
of Ms Emily Musimwa,” said Dr Sibanda.
www.samigration.com V.3008

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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