A foreign national and father of two’s honesty has caused him ongoing problems and legal fees.
For four years, he worked in the country with a fraudulent work visa, but the moment he reported the fraud to Home Affairs, rather than assisting him, he faced deportation.
The man, only identified as TC in a judgment delivered shortly before Christmas, told the Western Cape High Court that he had no idea that he was issued with a fraudulent visa. Being honest, he immediately reported it to the department.
This was the start of his uphill battle in a bid to obtain his work permit in a legal manner. The department time and again refused to issue him with a work permit and the man turned to the court in October last year in a bid for the department to reconsider his application.
The department, represented by the minister, during last year’s proceedings undertook to reconsider the matter within 40 days and to report back to the applicant.
The 40 days lapsed at the end of November, yet the applicant did not hear a word from the department. He subsequently turned to the court for an urgent order holding the minister in contempt of court.
He explained that while not having a legal working permit, he was unable to provide for his family.
The applicant said the department in October undertook to take another look at his application for a work permit. This undertaking was made an order of court, yet nothing was done by the department.
In his urgent application he asked that the department had to within a week reconsider his working visa. If this order was also ignored, the applicant said, he wanted the minister to come to the court to explain why he should not be held in contempt of court.
The applicant told the court that in 2016 he obtained a work permit through a third party in South Africa. In 2020 he became aware that his purported work permit was, in fact, fraudulent and that that third party defrauded him.
He immediately approached the Department of Home Affairs in good faith to have the situation rectified. The

applicant voluntarily submitted the fraudulent visa to the department and asked for a lawful resolution of the matter.
In applying the provisions of the Immigration Act, the applicant was immediately prohibited from qualifying for a visa or admission into the republic because of him having a fraudulent permit. He was declared a prohibited person in the country.
He then applied to the department not to be declared a prohibited person, as he said these were special circumstances as he had fallen prey to fraud through no fault of his own. The director-general of the department rejected this application.
The applicant subsequently applied for the rejection to be reviewed.
The minister failed to adjudicate the applicant’s review application timeously. One year lapsed from the date of the application and up to launching the urgent application the department had remained mum on the subject.
One of the arguments forwarded on behalf of the department was that the October court order was never served on the minister. But Judge James Lekhuleni frowned upon this, as the minister, through his department, in fact agreed to that order (to reconsider the work permit).
“I find it strange and opportunistic to argue that the minister is not aware of this application. The October 2023 order was obtained by agreement with the minister. Before this application was instituted, there were several email exchanges between the officers representing the minister and the applicant’s attorneys. These officials were informed that the applicant intended to bring this application.”
The judge added that on the evidence placed before the court, there could be no doubt that the minister was in contempt of court.
He gave the minister 10 days to abide by last year`s court order. Judge Lekhuleni said if the minister did not comply, he faced the possibility of coming to court to explain why not V.5157

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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