In a desperate fight to stay with their kids, three single parents faced with having to leave South Africa immediately without their children, have filed a class action suit against Department of Home Affairs in the Cape High Court.
In court papers the parents, represented by immigration attorney Gary Eisenberg, described how they are forced to stay in marriages characterised by verbal abuse, drug addiction and abandonment to remain with their children as South Africa’s immigration laws make no provision for their situation.
The Department has indicated that it will oppose the legal action.
The Immigration Act does not provide a visa for the purpose of parenting South African children by foreign nationals once a spousal relationship breaks down. As a result foreigners must leave the country regardless of whether they are the primary caregiver of the children.
The court has been asked to declare these parts of the law unconstitutional and order Parliament to remedy the defects and also for an order that will allow for the three parents to stay in the country.
The names of the applicants are known but withheld to protect the identities of their children.
One of the applicants, a 45-year old German woman, from Kommetjie said she has two sons, aged 10 and 11, who live with her.
She said her husband became aggressive and abusive. “Things have deteriorated to such an extent that the children have no desire to see [him]…He is an absentee father and I am, in effect, a single mother.”
She said while her husband provides minimal financial support she cannot get a divorce as she fears she will be forced to leave the country without her children who are South African citizens.
Her visa will expire in November.
“I should be leaving South Africa immediately … it would be tantamount to abandoning my children.”
She said while she applied for permanent residence her application will likely not be finalised before 2023.
“I am at a loss for

what to do,” she added. “It is [the children] who will suffer the most.”
Another applicant, a 46-year old French citizen, has separated from his wife after she became addicted to tik and alcohol and had abandoned him and their two sons.
He is currently in South Africa on a visitors visa and is not allowed to work.
“I can never forgive her for her final abandonment of our two minor children, a trauma that will take them a long time to resolve. I cannot again leave them alone … I am their father,” he said.
The third applicant, a 30-year old boxing coach from Zimbabwe was declared “undesirable” in South Africa and has been banned from returning until 2024.
He has a two year old son and was paying for the flat where the boy was living with his mother, paid maintenance and saw him every day.
In April 2019 he was apprehended at the airport and in terms of a new directive he was declared undesirable for “overstaying” and deported. He can only return to South Africa legally in April 2024.
“I was forced by the policewoman and her superior, and by Passport Control officials, to buy a one-way air ticket to Zimbabwe. I was given no opportunity to make representations … if I did not leave that day, I would be incarcerated and I preferred to leave rather than to sit in jail.”
He admits that he returned to South Africa later in 2019 but did not pass “through passport control.”
“This was the only way I could continue to provide for [my son] and remain part of his life.”
He has also requested the court that this new directive, be declared invalid and set aside as it denies people access to a administrative action if they wish to dispute the finding that they are undesirable.
No date has yet been set for the hearing.
www.samigration.com V.3196

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.

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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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