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PASSOP calls for patience during final stages of the ZDP

PRESS STATEMENT

For Immediate Release

PASSOP calls for patience during final stages of the “ZDP”

(Zimbabwean Dispensation Project)

 

PASSOP appeals to banks, employers, schools, health institutions and all stakeholders to be patient and respect the rights of Zimbabwean Permit Applicants.

There has been consistent denial of basic services and rights to thousands of Zimbabweans who are in the final stages of the adjudication process of their permits under the Zimbabwean Dispensation Project (ZDP).

We urge all stakeholders – including employers, banks, schools, hospitals, etc. – to note that Zimbabweans who possess a receipt of their application for a permit under the ZDP maintain their rights as legal immigrants. They have the right to work, study, or run businesses (depending on which permit they applied for) while their applications are still pending.  This emphasis is important, as it was required that applicants of these permits provided proof that they were employed, studying or running a business at the time of application.  Additionally they continue to have rights to emergency and basic healthcare, to access and utilise their bank accounts (keep them open), and to live and move freely within South Africa. Some of these rights are afforded to them by the Constitution, while others were allowed by the Department of Home Affairs in order to ensure that they would be protected during the adjudication period.  This sensible and reasonable move was welcomed by civil society.

We call on all relevant parties to exercise patience and leniency in these cases, while the DHA wraps up their issuing of the withstanding work, study and business permits as part of the ZDP by the end of July. We cannot be certain if they will meet this deadline, but things are looking promising.

We are also pleased to be able to reassure the public and all stakeholders that, thus far, the Department of Home Affairs has been extremely consistent and transparent in the process of adjudication. Our monitors have been at the Wynberg Department of Home Affairs office, where the Zimbabwean Dispensation Project is being implemented and they have reported that (true to their word), the Department of Home Affairs is efficiently processing applicants and there have been very few “errors”.
for comment please contact project coordinators Langton Miriyoga on:  084 026 9658  or   Caroline Theron on: 072 014 3540

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Discussions Featured News

PASSOP Calls on the ANC to Expel Xenophobic Councillors

ATTENTION: ANC Secretary General Cde Gwede Mantashu
COSATU Secretary General Cde Zwelinzima Vavi
SACP General Secretary Cde Blade Nzimande CC.
ANC President Cde Jacob Gedleyihlekisa Zuma
ANC Provincial Chair Western Cape Cde Marius Fransman
ANC Provincial Chair Limpopo Cde Cassel Mathale ANC Regional Chair Capricorn Cde Lawrence Mapuolo

RE: Urgent, open letter calling for ANC to expel councillors and members involved in violence against foriegners

Dear Cde SG Gwede Mantashe, ANC leadership and alliance leaders,

It has come to our attention that an ANC councillor has been implicated in the violence that lead to the brutal murder of a fellow African, from Zimbabwe, in Polokwane. This violence was shortly followed by the displacement of dozens of Zimbabweans. It is extremely concerning to us as, as there should never be any politician involved in violence, particularly xenophobic violence or senseless violence against foreign nationals from any other country, including Zimbabwe and Somalia. Using violence against foreign nationals to gain political support is a huge danger and must be stopped immediately. We must recognize that when politicians take advantage of frustrations between different groups (national, ethnic, racial, tribal etc.) to further political agendas, it has had catastrophic consequences all across the world.

This is not the first time and nor will it be the last time. After the November 2009 displacement of over 2,000 Zimbabweans in De Doorns there were similar allegations against the local Ward Councillor. In the same year Durban ANC councillor Vusi Khoza was arrested for his involvement in a “raid on foreigners” which resulted in the murder of two foreign nationals. During Khoza’s trial Zimbabwean national Eugene Madondo — a survivor of the violence — said Kohza, who was an ANC ward councillor at the time, was a “war general,” and had led the mob and instructed others to throw him out of the window.

This letter aims not to look back but to look forward. We are under no illusions regarding the complexities involved in dealing decisively with the councillors who perpetrate violence against foreigners; it is a sad reality that communities hold the perpetrators of xenophobic violence and violence against foreign nationals in high regard. This latest violence is concerning to us as it occurred so closely to our recent, peaceful, and successful Local Government Elections. We have to ask: did this councillor undertake to “deal harshly” with foreign nationals during his election campaign? Sadly it seems clear that any councillors involved in such violence will not be held to account by their electorate, and thus we believe leaders must ensure quick, strong and fearless intervention.

There can be no room for leniency when dealing with these “grassroots” politicians if they have involved themselves in inexplicable behavior. If we allow for such conduct we could soon find ourselves facing other forms of populist hate crimes and violence in the months and years to come. We must realise that the same prospects for increased popularity can be found through the targeting of homosexuals, other races and tribes. Such cheap politics must be nipped in the bud, before it escalates to uncontrollable levels.

We recognize and welcome the statements by the SACP, the ANC and the speech by the ANC Deputy President Kgalema Motlanthe — all of which condemned this recent senseless violence. We also recognize and welcome the efforts by government to run anti-xenophobia campaigns, particularly the establishment of the cabinet task team shortly before the end of the 2010 World Cup. It is our view that the efforts by Minister Nathi Muthethwa and the cabinet task team, supported by the police and SANDF, successfully deterred the rumoured “after world cup” xenophobic violence. The ANC also led by example, holding protests against xenophobia in township communities such as Gugulethu to openly demonstrate that xenophobia is not something the congress supports.

However, unless a politician suffers politically he/she will not be deterred from resorting to such reckless populism in the future. We humbly call upon the ANC to suspend any councillors involved in Polokwane’s senseless violence against foreigners, pending the outcome of investigations. If there is any conclusive evidence we ask that you expel them as soon as possible, as we cannot tolerate this reckless behavior.

We also appeal to the ANC to ensure that all its branches are engaged in Polokwane, not only to hear the members’ concerns, but also to inform them that such behavior will not be accepted by the ANC. Furthermore, we encourage the ANC to ensure that the congress’ newly elected councillors are educated on how to avoid violence, and to understand the ANC’s condemnation of violence against vulnerable groups, including foreign nationals.

Finally, we appeal to the ANC to suspend any and all of its members who are accused of encouraging violence against foreign nationals, and expel them if investigations produce evidence of their complicity.

These loose cannons are tarnishing the image of the ANC and its affiliates. We ask you to intervene immediately, both to preserve the party’s reputation as well as ensure the safety of the foreign nationals living within our borders.

Yours respectfully,

Braam Hanekom
PASSOP

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Featured News

May Newsletter Available

The May issue of PASSOP WATCH is now available here. It includes stories on the fire in Masiphumelele, the launch of the LGBT refugee rights project, the Football tournament in Masiphumelele and an opinion piece of what life in Zimbabwe is like at the moment.

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Events Featured News

‘The road to documentation’ Report Launched

PASSOP REPORT LAUNCH ON ASYLUM-SEEKERS’ ACCESS TO THE CAPE TOWN REFUGEE RECEPTION CENTRE

AND RESULTING IMPLICATIONS OF AMENDMENTS TO  THE IMMIGRATION ACT.

PASSOP has launched its monitoring report “The Road to Documentation: Asylum Seekers’ Access to the Cape Town Refugee Reception Centre” (can be downloaded here) which exposes the unfair treatment of asylum-seekers attempting to legalise themselves at the Cape Town Refugee Reception Office in Maitland. The report exposes that in two weeks over 1600 people were turned away unassisted, several people were physically abused and asylum seekers were left without toilets for over a month.  The number of people left unassisted is of particular concern in light of the new amendments to the immigration act which allow for jail terms for undocumented immigrants and that provide only 5 days for asylum seekers to apply for Asylum.

The report launch included a discussion chaired by Braam Hanekom, the monitoring Project Manager, Alaina Varvaloucas, and monitors Stanford Hove and Kumbirai Bvuna. Members of the press and other interested parties attended.

Background:

In the past few months, Parliament has passed several major changes to the Immigration Act of 2002, two of which PASSOP believes will significantly affect asylum-seekers. The first is reducing the asylum transit permit, a 14-day permit, which allows asylum-seekers to enter South Africa provided they report to a Refugee Reception Office (RRO) within the allotted 14 days, to 5 days. The second is instituting jail sentences of 2.5-4 years for undocumented migrants and for those caught aiding or knowingly employing undocumented migrants. Since refugee reception centres around South Africa operate at an under-capacity, many new asylum-seekers are not able to successfully get access to an RRO’s services within 14 days, and many more go undocumented because they are consistently turned away from centres and refused documents. Reducing the asylum transit permit—often referred to as a border pass—to 5 days will thus be to the detriment of thousands more asylum-seekers, and mandating that an undocumented migrant be jailed with criminals for several years, especially when that migrant may be undocumented through no fault of his or her own, is a cruel overreaction.

To assess ease of access to documentation at the Cape Town RRO, PASSOP monitors surveyed every person coming out of the Cape Town centre during all opening hours for two weeks. In total, 1,659 people were refused service for various reasons, including: a lack of supplies and paper, employees not coming to work, missing or expired transit visas, queues being too long, and others. Three major and several minor violent incidents of guards attacking people in the queue were recorded, as well as multiple instances of corruption. The report finds that due to the RRO’s inability to serve asylum-seekers in an efficient, consistent, and courteous manner, the situation at the Cape Town centre will only become worse when DHA officials begin implementing the new amendments to the Immigration Act. If the new amendments are to be fair policies, the Cape Town centre, as well as the other five centres in Johannesburg, Pretoria, Musina, Durban, and Port Elizabeth, must drastically improve its service delivery.

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Discussions

Opinion Piece – A Snapshot of Life in Zimbabwe

If you have the capital to start something and even a slight entrepreneurial inkling, Zimbabwe is where you should be. If you are greedy and have little conscience, your chances at success and obscene wealth are even better.  It is a country with unbelievable potential and with so much having been divested over the last decade, the opportunity for investment is ripe.  Unfortunately if you are a government employed teacher, nurse or other low ranking civil servant the picture isn’t so pretty.  You are looking at US$200 a month in a unique economy that is based on the US$ and where the cost of living rivals that of a developed or typical US city.welcome-to-zimbabwe

How can the teachers possibly survive on so little?  First of all, it should be said that even this is a lot more than what they were receiving in 2008; secondly almost every old teacher of mine that I spoke to has something else “on the side”. Whether it is tutoring wealthier children or buying and selling an imported commodity they are able to obtain; this instinct and stubborn determination to live is a testament to the spirit of the Zimbabwean people.  These civil servants and others alike, who continue to struggle to survive just so that they may carry on providing such valuable service, keep the light burning at the end of the tunnel.  The men and women who earn a meagre salary; the gardeners, street cleaners, maids, supermarket attendants, electricians, plumbers, labourers all continue to persevere, they find a way to survive, in fact they do more than survive; they live.  Meanwhile in this parallel universe there exists a minority, which is by no means uni-racial, it is a multi-racial upper class that has managed to profit and benefit in ways that your “average Joe” from anywhere in the world would struggle to fathom.  These people have used their political or financial status to benefit themselves and those in their immediate circle.  This creates an incredible dichotomy that exists somehow in unison.

As a Zimbabwean who has been away for 6 years, I look and see so many wrongs that could easily be made right, but the basis for my judgment is Zimbabwe in 2004, which in the grand scheme of the last 10 years, was far from the lowest point.  It is 2008 that the people who have never left use as a measure.  A time when Cholera was taking thousands of lives a week, when there were a total of 128 teaching days throughout the year, when the sanitation department ceased to function and the doctors and nurses were out in search of their next meal and simply were not able to treat or teach.  So when one looks at Zimbabwe today in comparison with the Zimbabwe of 2008, one can see where the optimism comes from.  One can begin to see that, while the journey is going to be long and tough, Zimbabwe is beginning to climb out of a very dark decade in her young history.

I once benefited from these services that, if still available today, are not of the same standard that they were in the late 1990’s; so I am resisting to be too optimistic so soon.  Yes, I believe that since 2008 there have been positive developments in the political and certainly in the economic arena, but I am hesitant still to talk of our transition back to the Jewel that we once were.  Having met and interacted with many Zimbabweans around the world and those at home, in Zimbabwe, there is valid reason for hope.  It is the people of Zimbabwe are what keep this hope alive.  I think that perhaps  Zimbabwe is on the verge of a transition period and is ready for the people to take back what is theirs, to utilize the skills and knowledge their home country and the other host countries provided them, and rebuild and develop Zimbabwe.  But that unfortunately remains to be seen in the coming years, whether this is the beginning of the new Zimbabwe or just another carrot to keep the donkey walking.

I am a see-saw of optimism and pessimism.  Zimbabweans from the diaspora are investing and assisting “back home”.  I see the herculean efforts of those committed to making the best of a tough situation.  I take heart that a few of those who have grown excessively wealthy plough back into their old schools and communities.  These all give me seeds of hope. I want so badly to be optimistic; having been back and seen everything running as close to normal as is possible in such difficult circumstances; but when I remember that all of this optimism is dependant on a stable and open political system, I become a little dejected.  I truly believe that better things are to come for Zimbabwe and Zimbabweans, but this will not come until there is a legitimate, free and fair political platform upon which the rights of the people are heard, protected and fought for.

Doug Leresche

PASSOP Volunteer

Prince Edward High School, Harare, Zimbabwe 2004

CUNY Queens College, Queens, New York 2010

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Featured News

GUIDELINES AND INFORMATION FOR ZDP APPEALS

Mother and children waiting in long ZDP queue
Mother and children waiting in long ZDP queue in Wynberg

PASSOP has opened a ZDP Appeals Desk to assist Zimbabweans who applied for work permits/ study permits/business permits. We are monitoring the collection of permits at the Department of Home Affairs Regional Offices at Wynberg to assist with the problems faced by Zimbabweans who applied for these permits. If you are one of the Zimbabweans that applied for a permit under the ZDP, please read the following information and guidelines. Do not hesitate to contact us if you have any issues or questions.

ZDP APPEALS GUIDELINES

IMPORTANT NOTE: If your permit application under the ZDP is currently pending, you have the full right to work, study and have access to basic health care in South Africa. If your employer, your child’s school, or hospital is refuting this, our office can provide you with a letter that confirms the above to be true.

APPEALS PROCESS

  • If you receive a second SMS from the Department of Home Affairs, wait at least 5 working days and then go to the Home Affairs Department offices where you applied to collect your results.  There is currently a backlog so your results may not be ready until after the 5 working day period.
  • When you are going to collect your results, make sure you bring your original passport.
  • After you collect your results and your application is rejected, ask for a rejection letter from the Home Affairs officials before you leave. The rejection letter will tell you the reason why your application was rejected.
  • When you have a rejection letter, you have to draft an appeal letter addressed to the Director General of the Department of Home Affairs.
  • Depending on the reason for the decision to reject your application, you may be required to provide additional information together with your letter of appeal to the Department of Home Affairs.
  • Submit the letter of appeal within 10 working days of receiving the outcome.

PENDING APPLICATIONS

If your work permit application is still pending, and if you are having problems with your employer or bank:

  • Come to PASSOP to get a ‘right to work’/’right to health/ ‘right to education’ or bank letter.

IF THE PERMIT IS VALID FOR LESS THAN 4 YEARS

  • Bring a copy of passport with the permit.
  • If your permit was put on an old or expired passport while you now have a new passport, bring both copies of both the old and new passport
  • Write  a letter to the Director General  in the Department of Home Affairs requesting for an extension  of the permit deadline to 4 years or transfer of the permit to a new passport. (We can assist with writing this letter.)
  • After such a letter has been sent to the Director General one should expect a reply after 6 weeks for the reply from the Department of Home Affairs.

GENERAL INFORMATION

  • If you have lost the SIM card you used when you applied, do a sim-swap as soon as possible so that the Department of Home Affairs is able to communicate with you concerning the outcome of your permit application.
  • The first SMS sent by Home Affairs acknowledging reception of your application contains a reference number. Please ensure that you write down this number somewhere safe in the event that your telephone or SIM card is lost or stolen.
  • Please ensure that you keep your application receipt safe.
  • If your fingerprints have not yet been taken, wait for an SMS from the Department of Home Affairs.
  • In the case that your permit is missing at the Department of Home Affairs, the Department of Home Affairs is responsible for issuing you with a new work permit. PASSOP can assist you in drafting a letter to the Director General requesting for a replacement. You must also bring a copy of your passport, permit application receipt and letter from your employer.

HOW PASSOP CAN HELP

  • Drafting appeal letters
  • Drafting request for extension letters/request for replacement permit letters etc
  • Draft ‘right to work’/’right to education’/’right to health’ or access to bank letters for clients

IMPORTANT CONTACTS

PASSOP Office in Wynberg: 021 820 4664

Home Affairs Pretoria- 012 810 7322

Department of Home Affairs (Toll Free)- 0800 2044 76

Home Affairs Wynberg- 021 763 6400/03

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News

April newsletter now available

The April newsletter is now available – it can be viewed here. It includes stories on the corruption and abuse during the delivery of Zimbabwean passports, a fire that burnt down 1500 shacks in Masiphumelele, and the launch of a new ZDP monitoring project.

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Featured News

PASSOP to Launch Gay Refugee Program

gay refugee programIn light of the increasing number of “sexual refugees” in this country, PASSOP is pleased to announce a new program that will bring disenfranchised gay and transgender refugees, asylum-seekers and immigrants together by building a support network.

Homophobia is a serious issue all across Africa. In many countries, LGBTI people face harsh punishments ranging from fines and imprisonments to death, solely for expressing their sexual orientation or gender identity.  This unjust reality has led to an influx of sexual refugees, especially in South Africa, one of the few countries in the world that grants refugee status on the basis of sexual orientation. Despite South Africa’s official position, the asylum application process is fraught with problems and many LGBTI people are turned away unjustly. Moreover, those who are granted status still often face discrimination and harassment in their new communities in South Africa. When xenophobia is compounded with homophobia, it leaves many gay and transgender people in conditions not unlike those in the countries they fled in the first place.

Recognizing the vulnerability of their particular situation, PASSOP is launching a program that will provide support and advocacy for this social group. This project will include a solidarity network to unite LGBTI refugees, asylum-seekers and immigrants and provide them with outlets for emotional support and counseling. In partnership with other LGBTI rights organizations, PASSOP will also promote advocacy within their communities to ensure their safety and integration.

In addition to this solidarity network, the new project will monitor the South African government to ensure that it is true to its commitment to sexual refugees. Through paralegal support, workshops and community organizing, the program will empower these refugees and asylum seekers to engage in gay refugee rights activism and ensure that South Africa lives out its constitutional protection for the rights of gay men and women.

Through this program, PASSOP wishes to join in the efforts of many other organizations dedicated to LGBTI rights in South Africa. Though the issue is massive, PASSOP hopes that this will provide a step in the right direction.

If you have any questions or concerns or if you would like to participate in this new program, please contact office@passop.co.za.

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Featured News

PASSOP office damaged in Masiphumelele fire

On the night of May 2nd a massive fire swept through Masiphumelele township. It started just after midnight and grew rapidly as the strong wind fuelled it. Firemen were only able to contain it six hours later.  When the sun rose, almost 1500 shacks had been burnt to the ground – around 4000 people displaced.

Damaged Help Desk in Masiphumelele
The damage to PASSOP's Help Desk Office

The fire moved with such speed that many residents had hardly any time to pack their belongings before they were forced to flee their homes. It is a miracle that only one person has died.

The PASSOP help desk office, which was intentionally located in the heart of the township in order to foster close community ties and real ownership of the project, was also badly damaged by the fire. Our neighbours and volunteers poured water on our office for hours in the middle of the night to try to save as much as they could. We are humbled and proud of their commitment to PASSOP and feel touched to have been welcomed into the community to such an extent.

The majority of the shacks around the PASSOP office are completely burned down. Although the Disaster Management Department of the Provincial Government is providing food and some materials to rebuild the homes, most people have lost the majority of their household items. We want to help the community as much as we can in these hard times, so we are calling on the public to donate whatever second hand items (clothes, furniture, appliances, etc.) they can spare.

If you have any second hand items to donate, please drop these off at our Wynberg office at 37 Church Street.

If you are willing to donate money to the cause of rebuilding the homes in Masiphumelele, you can donate to the following account:

Account Name: PASSOP

Bank: Nedbank

Account Type: Current

Account #: 1048074730

Branch Code: 104809, Rondebosch

Please make the reference for such donations ‘Fire victims’.

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News

New ZDP Assistance Project launched

PASSOP will monitor the adjudication and appeals processes of the remainder of the Zimbabwean Dispensation Project (ZDP) and provide assistance and advice to applicants whose applications were initially rejected.

The Department of Home Affairs’ ZDP, which intended to regularize the stay of and document as many of the Zimbabweans eligible to work in South Africa as possible, is intended to be completed in July. The Department of Home Affairs (DHA) received over 275,000 applications for temporary residence permits through the ZDP between October and December last year. While roughly 150,000 permits have already been approved, according to the DHA, over 120,000 have now been found to be incomplete and applicants will need to submit missing documents and/or fingerprints.

The aim of this project is to hence to ensure that as many of these 120,000 Zimbabweans are given a given a fair chance to appeal, and that the adjudication processes are transparent and consistent across the country.

The reason why so many of the applications are incomplete in the first place is because: 1) the lifespan of the ZDP was too short, with 275,000 applicants rushing to apply in the just three months given; 2) the rules and regulations of the ZDP were constantly changed; and 3) the Zimbabwean Consulate have lacked transparency, been inconsistent and downright ineffective in the delivery of the essential passports. Hence, the majority of incomplete applications are not the fault of the Zimbabwean applicants.

The four key objectives of the project are the following:

1) -Monitoring the adjudication process to ensure that the process is transparent, fair and accountable;

2) -Advising and assisting rejected applicants and informing them about their available options;

3) -Assisting eligible applicants in the appeals process through consultation and advice, helping to draft and print letters of appeal, and following up with employers about providing the necessary documents; and

4) -Compiling a monitoring report that assesses the overall quality of the appeals and adjudication processes of the ZDP and recommends a list of ‘lessons learned’ for similar projects in the future.

We will continue to work constructively with the DHA, both in this province and nationally, to ensure that the ZDP is concluded in a fair manner.

Over the past few weeks and months, PASSOP has already been assisting rejected applicants in the appeals process. Through the resources from this ZDP Appeals Monitoring Project, PASSOP has hired two new staff members specifically to provide support to rejected applicants. In this way, we will be able to provide many more rejected applicants with assistance and guidance in the adjudication processes and in appealing their rejections.

If you would like further information about the ZDP Appeals Monitoring Project or if your application for the ZDP has been denied and you need assistance in the appeals process, please contact PASSOP at office@passop.co.za or call us at 021 820 4664.