CRIMINAL convictions more than two decades ago came to haunt a man who was offered a job as a senior data discovery and enrichment expert, but after his prospective employer got wind of the convictions, retracted the job offer.
But the Gqeberha Labour Court came to his rescue and found that the man should be given a second chance, given that his convictions occurred 20 years ago and had meanwhile been expunged.
Elsworth O’Connor felt that his prospective employer, LexisNexis unfairly discriminated against him in terms of the Employment Equity Act.
During December 2023 LexisNexis advertised a vacant position in its taxonomy team for a senior data discovery and enrichment expert.
O’Connor applied for the position and he was later told that his interview had been positive, and that LexisNexis required further information from him which included a reference check.
When filling out the form, O’Connor responded “yes” when asked if he had ever been criminally charged. He mentioned that it was for theft in 2001, which has been expunged.
As requested by his prospective employer, he provided his fingerprints for them to conduct a criminal background check.
He subsequently received notice from LexisNexis that they had offered him permanent employment and that his contract would follow shortly if he accepted the salary which was offered to him.
It was, however, stated that this offer of employment is subject to a check that he had a “clear” criminal check.
O’Connor accepted the offer and was told that he would be working remotely from home.
However, a few days later he received another email stating that his prospective employer was retracting the offer because the criminal check had revealed six counts of theft, one count of fraud, and two counts of defeating the course of justice.
O’Connor responded by explaining that these convictions took place 20 years ago and that his criminal record had in fact been expunged. He concluded by asking for an opportunity to explain the matter.
He, however, never received a response.
He

has approached the court on an urgent basis requesting that the respondent (LexisNexis) be ordered to honour its original offer. He argued that the parties concluded a valid contract of employment, and that the respondent’s conduct constituted an automatically unfair dismissal on the arbitrary ground of past criminal convictions.
According to O’Connor he was unfairly discriminated against on the arbitrary ground of past criminal convictions.
Acting Judge Mark Meyerowitz remarked that there was very little evidence regarding the nature of the applicant’s prior convictions before the court, except that O’Connor admitted that these convictions did happen about 20 years ago.
“I am prepared to assume, for the sake of argument, that despite the two decades past and the expungement of this record, convictions of this nature might preclude the applicant from taking up positions that require trust and honesty (although I make no such finding).”
It was argued that there is no indication that the position of senior data discovery and enrichment expert requires any significant amount of trust and honesty, and certainly not so much that the possibility of the applicant’s rehabilitation should be completely disregarded.
The court was told that while it is so that O’Connor had been convicted of a crime, our criminal justice system is premised on the idea that once the criminal has paid their debt to society, that person must be allowed back into society.
To deny that person their right to freely participate in society with dignity, is to deny them their constitutional rights as a person, his counsel said.
The judge found that the applicant’s criminal history is not relevant to the job which the respondent has denied him and to deny him this on strength of his old convictions, amounted to discrimination.
The court ordered LexisNexis to employ him in terms of the contract offered to him. V.5327

The Special Investigating Unit (SIU) is investigating corruption between home affairs officals and foreign nationals The Hawks and Special Investigating Unit (SIU) raided several home affairs offices across the country on Friday as part of investigations into alleged maladministration and corruption. Minister Aaron Motsoaledi was part of an operation at an office in Pretoria and told eNCA that similar raids were taking place in other locations after information received by a whistleblower. “The corruption is done by officials here and foreign nationals who don’t deserve to be in South Africa but have lots of money to bribe,” he said. V.5363
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Home Affairs Refugee Centres are being raided by the Special Investigation Unit (SIU) and the Hawks. (Alex Mitchley/News24) • The Special Investigating Unit has raided home affairs refugee centres around the country. • Home affairs officials` cellphones have been seized. • SIU boss, advocate Andy Mothibi, and Minister of Home Affairs Aaron Motsoaledi were present at the Pretoria raid. The Special Investigating Unit (SIU) simultaneously raided all five of South Africa`s refugee centres on Friday morning as part of a corruption probe. It is understood that the unit is investigating corruption linked to the issuing of asylum and refugee papers to foreign nationals entering South Africa. V.5364
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Applying for critical skills work visa in South Africa as an artisan has been a challenge for the longest time. In 2014 when the current amendments to the Immigration Act were gazetted several gaps were identified in the Act which included the absence of a SAQA accredited professional body to register artisans. ECSA was not an option due to their minimum NQF criteria of 5 which was a notch above the rating being given by SAQA for artisans. There was a time letters issued by the National Artisan Moderation Body, (NAMB), were sufficient and then they were not. There was a time when registration with the South African Institute of Draughting was good enough and then it wasn’t. V.5365
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You might have obtained your work permit recently and second-guessing whether your visa is valid or not, this is a tricky situation to be in. There are many people out there who pretend to be immigration consultants or immigration lawyers only to scam you and issue you with a fake visa. The worst is being arrested or being detained in South Africa for something that you are not responsible and the Department of Home Affairs is coming down hard on these individuals. Many who don’t qualify for the critical skills are always looking at applying for the general work visa for South Africa and thus one of the most popular options to forge it because of how difficult it is to obtain it. While this could be true many temporary residence permits are forged throughout South Africa. V.5366
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Legal permission to work in South Africa is accessed by getting a visa. In you case it can be a relatives visa, spousal visa or life partner visa The whole question How I, a Zimbabwean man, can get a visa to be able to stay in South Africa and care for my seven-month-old child and her mother, when my critical skills visa expires in March and I cannot renew it as the skills list was changed this year. The long answer There are three possible visas: • Relatives visa; • Spousal visa; • Life partner visa. V.5367
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What is Permanent Residence? • What is Permanent Residence? • Can you buy permanent residency in South Africa? • What is Independent financial permit in South Africa? o But what does it mean to be financially independent? o There are many benefits with this visa when obtaining permanent residency such as: • How much do I need to invest in South Africa to get permanent residence? o What are examples of assets that could be counted as net-worth assets? • Can I add my family to the visa? o What do I need to add them to the visa? • What are the government fees for the visa? • • What happens if I dont qualify for the visa? V.5368
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Starting a business as a foreigner in South Africa can be an arduous task without enlisting professional help. There are a number of ‘hoops’ that must be circumvented and the process can be time consuming and a distraction from the all important task of establishing your business. At SA Migration Immigration we have assisted hundreds of entrepreneurs with their ambition to create a business in South Africa and are able to boast of an unrivalled track record of success, all based on what we believe to be the most comprehensive service available. Below we detail the important aspects of starting a business as a foreigner in South Africa but if you prefer to talk to a human being to discuss your needs, feel free to call us on any our contact numbers V.5369
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Table of Contents 1.What is eHomeAffairs? 2.Step-by-Step Guide to Using eHomeAffairs for Your Smart ID Online Application 3.What Do I Need to Start My Smart ID Online Application? 4.Bank Branches Offering Smart IDs 5.Frequently Asked Questions (FAQs) The South African Department of Home Affairs has introduced the eHomeAffairs portal, which is a significant advancement in streamlining the Smart ID online application process. This detailed guide delves into the user-friendly features of the platform, making Smart ID and passport applications convenient and accessible at just a click of a button. V.5358
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Bureaucratic procedures and a whole lot of red tape are the only things standing between Vincent and Emmanuel Tshituka and potential call-ups to the Springboks squad this year. To the average local sports fan, the Tshituka’s are just a set of brothers casually dominating rugby games for the Lions and Sharks, respectively. But there’s way more to their story and in order for them to reach their potential on the rugby field, the South African government in general, and the Department of Home Affairs in particular, need to come to the party. V.5359
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Foreign companies are leaving South Africa due to a hostile business environment, and the government’s response to recent departures discourages future investment. This is according to Business Leadership South Africa CEO Busi Mavuso, who explained in her most recent newsletter that the more attractive a country is, the more often you can expect investment to be made than withdrawn. “You can expect that foreign investors will come and go from South Africa, depending on many things, including global strategies and our links to the rest of the world,” she said. “But while decisions are inevitably going to happen both ways, the more attractive our country is, the more often you can expect investment to be made than withdrawn.” V.5360
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