NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION 127 / CW174E
DATE OF PUBLICATION: Friday, 16 March 2012
INTERNAL QUESTION PAPER NO 07 of 2012
Mr M J R de Villiers (DA-WC) to ask the Minister of Home Affairs:
(a) How many work permit applications have been (i) received, (ii) declined
and (iii) approved since 1 January 2010 up to the latest specified date for
which information is available, (b) what measures are in place to ensure
that successful applicants adhere to the required procedures and
requirements and (c) what process is being followed when a permit has
expired?
CW174E
REPLY:
(a)(i) to (iii) The information is specified in the table, below:
|APPLICATIONS FOR WORK PERMITS: 01 JANUARY 2010 TO 31 MARCH |
|2011 |
|CATEGORY |RECEIVED |APPROVED |REJECTED |
|Corporate Work Permit |1 114 |779 |108 |
|Exceptional Work Permit Section|1 400 |1 070 |169 |
|19(4) | | | |
|General Work Permit Section |13 340 |9 780 |1 548 |
|19(2) | | | |
|Quota Work Permit Section 19(1)|2 911 |2 239 |342 |
|Intra-Company Transfer Work |3 911 |2 771 |476 |
|Permit Section 19(5) | | | |
|Total |22 676 |16 639 |2 643 |
|APPLICATIONS FOR WORK PERMITS: 01 APRIL 2011 TO 22 MARCH 2012|
|CATEGORY |RECEIVED |APPROVED |REJECTED |
|Corporate Work Permit |1 567 |10 47 |123 |
|Exceptional Work Permit Section|1 207 |704 |113 |
|19(4) | | | |
|General Work Permit Section |11 700 |6 073 |1 296 |
|19(2) | | | |
|Quota Work Permit Section |1 533 |764 |160 |
|19(1) | | | |
|Intra-Company Transfer Work |4 485 |2 417 |470 |
|Permit Section 19(5) | | | |
|Total |20 492 |11 005 |2 162 |
(b) The following measures are in place to ensure adherence to the
required procedures, and requirements:
⢠Provincial Offices in the Republic of South Africa (RSA),
and the RSA Missions, abroad provide information regarding
the requirements for Permits
⢠Permits are issued with conditions where necessary. The
Departmentâs Inspectorate Unit is responsible to ensure
enforcement of such conditions. The conditions include, for
example, expiry dates, specific employer(s), and specific
educational institutions
⢠Provincial Inspectorate Units of the Department conduct spot
checks, inspection in loco, operations, etc. to ensure
compliance with such conditions, as part of the law
enforcement strategy
⢠All information, with regards, to applications for Permits
is placed on the Departmentâs website with the necessary
requirements
(c) Every foreigner is expected to leave the RSA, prior, to, or on the
expiry date of his, or her Permit. If the foreigner intends to
remain in the RSA, he, or she must submit an application for the
renewal of his, or her Temporary Residence Permit, within 30
days, prior , to the expiry date of such Permit. Once the Permit
has expired, the foreigner becomes an illegal foreigner, and
should depart in compliance with section 32(1) of the
Immigration Act, 2002 (Act No 13 of 2002). This section provides
that any illegal foreigner shall depart, unless authorised by
the Director-General to remain in the Republic pending his, or
her application for a status.
In addition, section 32(2) of the Immigration Act stipulates that any
illegal foreigner shall be deported. Section 34(1) of the
Immigration Act, further, stipulates that without the need for a
Warrant, an immigration officer may arrest an illegal foreigner,
or cause him, or her to be arrested, and shall, irrespective of
whether such a foreigner is arrested, deport him, or her, or
cause him, or her to be detained in a manner, and at a place
under the control, or administration of the Department
determined by the Director-General.