Locked in South Africans may now return to their lives and jobs abroad

Source: Daily Maverick, 04/07/2020

On Saturday, a day after the organisation LISA- Locked in South
Africa â€`applied for an urgent court order, Home Affairs Minister
Aaron Motsoaledi announced he had approved essential travel for
South Africans who wanted to return to countries where they are
based.
“South Africans who wish to leave the Republic are permitted to
depart only for the following reasons:
1. Work
2. Study
3. Family reunion
4. Take up permanent residency
5. Receive medical attention.
The family reunion concession is believed to apply only to family
members who have been separated form each other, not a general
concession.
On Friday at a virtual press conference LISA coordinator Bev
Schäfer, had announced that after failing to get any response for
weeks from the departments of home affairs and international
relations and cooperation, the group had sought an order from the
South Gauteng High Court forcing the government to amend the
travel restrictions.
“LISA is challenging the unfair discrimination against these South
African citizens,” said Shäfer who is also the deputy speaker of
the Western Cape legislature. .
“The SA government has clearly created winners and losers for
those that are legally allowed to leave, and applied the law to
some but not to others.
“The current lockdown regulations and directives provide that
citizens who are dual citizens or have families abroad or are
permanent residents abroad and in possession of work visas are
free to travel, whereas a citizen who is not a permanent resident
but has a valid work or study visa may not leave without special
permission.
“This special permission is being applied inconsistently and with
considerable delays causing these citizens financial damages. We
have also questioned why foreign nationals could leave our shores
freely but South African citizens could not.
“The discrimination thus far has ‘punished’ citizens by depriving
them of their dignity, earning a livelihood, separating families
and negatively impacting minor children and resulting in an
estimated R60 million a loss.”
Schäfer was flanked at the virtual press conference by
representatives of several different categories of South Africans
living and working abroad who were trapped in South Africa by the
contested travel restriction.
Mishalee Brits said she represented 166 South Africans who lived
and work in Hong Kong but had been prevented from leaving South
Africa. She said two years ago her husband received a job offer in
Hong Kong.”So we packed up our whole life and we moved to Hong
Kong. It’s now our primary residence and how we provide for our
family. We have nothing left in South Africa. No house, no car, no
medical aid. Returning is not an option because our whole life is
there now. Our health insurance is there now, our home, our
friends.
“It’s basically our livelihood. We still have to pay rent and
utilities in Hong Kong. We are now facing the fear of losing our
jobs because we are not allowed to return. We are so desperate to
just return to our lives.”
There were also many children in the group, some younger than five
and some newborn. The psychological stress of possibly losing
their jobs and not knowing when they would return was rising.
Fihliwe Ngwenya said she had lost her job in South Africa in 2013
and had found a job as an English teacher in South Korea in 2014.
“I’ve been living there for the past six years. It’s how I provide
for my family. It’s just my livelihood. Korea has now become my
primary residence.”
She said her health insurance, her phone contract and her housing
contract were all in South Korea and she would now go into arrears
as she was not there to pay for all of that. “I’m going to become
a criminal there if I don’t pay for those.” And she said her work
contract would also lapse in June if she didn’t make it back. And
then she would also lose her visa.
Jadyn Wichmann, the representative of about 200 South Africans
residents in New Zealand now stuck in South Africa, said many of
them were essential workers with Covid-19 exemption visas which
allowed them to enter and resume their work in New Zealand but
they couldn’t do that because they had South African passports.
“This has been emotionally and financially draining on everybody.
We have to pay for our New Zealand expenses, our rent, our cars as
well as paying living and accommodation costs in South Africa.
Many don’t have an income because we haven’t been working. And
realistically many are worried that they might lose their jobs
because it’s understandable than an employer can’t hold someone’s
job indefinitely.”
“We are imploring the South African government to … recognise our
constitutional rights to work and to support our families. Please,
please, allow us to go.”
Aileen Swan said her husband was an airline captain who had signed
a contract to start work with a Japanese airline on June 1. “I
also represent roughly 350 people who are trying to get out to
Asia as well as 500 that are trying to get to China”
She said most were teachers who came to South Africa when the
international academic holiday started at the beginning of January
and now couldn’t return.
Teachers and students in the group were expected to start their
academic semester around June 1, but couldn’t return. Some came to
South Africa to visit elderly parents, some came for weddings,
some came to renew passports.
These people had been working abroad for many years and were
paying rent. “All their belongings are there. May have left pets
behind, some even have young children that are left behind.”
Kristin Harmuth, a commercial seafarer representing just under 100
seafarers, said international organisations such as the United
Nations, International Maritime Organisation and International
Labour Organisation had all exempted seafarers from coronavirus
travel restrictions. “If we are not able to leave the country as
soon as possible hundreds of us will be losing our jobs. So we’re
desperate to get back to work. “
Ruwald Lindemann said he represented about 700 South Africans
locked in South Africa who wanted to return to Europe. He himself
was an accountant who had received a job offer in Ireland.
“I have all the documentation and Ireland’s borders are open for
me and my family to go. But we cannot enter Ireland due to the
fact that we cannot leave South Africa.
“We have sold everything. We are literally living in a spare room
and our kids are sleeping on couches. There are a lot of people in
the same situation in our group who had visas to enter Europe but
were stuck in South Africa with zero income and no way to meet
their obligations, either here or abroad.”
Gideon Jacobs said he represented about 2000 South Africans who
needed to return to the US, of which about 1 500 were farm
workers. “Some of us support our families, our farms, our
farmworkers especially.” He said most of the money they earned in
the US was reinvested into their parents’ farms, and the farms in
the US really needed them too.
Annalien Mouton, another farm worker in the US, said their US
employees were pleading with them to return as it was the start of
their planting season. Most of the farmworkers would lose their
jobs if they did not get there by the 1st of June and would become
another burden on the South African state.
On Saturday Schäfer noted Motsoaledi’s press statement relaxing
the travel regulations. “Is the Minister now scrambling after
#LISA has applied to be heard in the South Gauteng High Court this
week? We sincerely hope Motsoaledi is not paying lip service to
the public. We call on the Minister to urgently gazette the change
with immediate effect and show the thousands of South Africans
that are eligible to leave, he is serious and that they are able
to board the available flights this coming week,” she said.
Special flight arrangements would need to be determined due to the
general travel ban which remains in place.
In his press statement, Motsoaledi said South Africans wishing to
return to the countries where they reside should have the
following: a copy of their valid South African passport; a letter
confirming their admissibility under the current circumstances
from the embassy or other diplomatic/consular representative of
the country they want to travel to; and proof of means of travel
such as air or bus tickets and the intended date of departure.
They should send an email to Covid19travel@dha.gov.za. The
department would reply with an email to the travellers who met the
criteria to enable them to proceed with their travel arrangements.
Those applying as a group could send one email with the supporting
documents for each member of the group. He gave the number 0800
60 11 90 for public enquiries about the arrangements
www.samigration.com