Home Affairs assures “nothing has changed” on rabbis’ visas

South African Home Affairs Director General Livhuwani Tommy Makhode has reassured South African Jewry that our foreign rabbis have nothing to worry about in terms of getting visas to work here.

Makhode insisted that nothing had changed for rabbis despite Home Affairs Minister Dr Aaron Motsoaledi’s announcement in mid-September that foreign national religious workers would no longer be eligible for work permits or permanent residency in the country, and would be able to enter South Africa only on a visitor’s visa.

He assured the South African Jewish Board of Deputies (SAJBD) leadership that nothing had changed in terms of visa provision for religious leaders.

Makhode said “the same process would be followed in terms of the provisions that were published in 2018”, says SAJBD National Director Wendy Kahn. His assurance came after she and members of the SAJBD met Makhode and members of his department to clarify the issue.

“Religious leaders could enter South Africa on a tourist visa with a work permit, which could be renewed after three years,” she adds. “After five years, a waiver could be applied in order to get permanent residency.

“Officials from the department of home affairs advised that many rabbonim had been granted this status. The minister’s comments were in relation to individuals who were abusing the current system, as well as corrupt officials in the department. They would be clamping down on these people.”

In his original announcement, Motsoaledi had said, “We’re saying they must come only as visitors, but as visitors who can perform work. This change means there’s no avenue available for these religious workers to migrate to permanent residence status.”

Adrian Roos, the Democratic Alliance shadow deputy minister of home affairs, welcomed the clarification and reassurance.

Rabbi Yossi Chaikin, the chairperson of the South African Rabbinical Association, said, “I’m pleased with the clarification. Foreign rabbis have formed part of the South African rabbinate for as long as there has been a Jewish community here and have contributed in a big way.”

The South African Association of Progressive Rabbis also expressed relief. “We’re grateful to the ministers who worked to clarify this issue, along with the SAJBD, which took the issue seriously and ensured that the Jewish and rabbinic community were able to get information swiftly,” said Rabbi Emma Gottlieb.

But Member of Parliament Michael Bagraim, a labour law expert and the deputy shadow minister for employment and labour, isn’t reassured. “It is all very well for the director general to reassure the SAJBD leadership about changes in the regulations. However, this reassurance isn’t reflected in any of the regulations, and won’t be reflected in the way in which they are going to structure the visa applications.

“The minister has made it absolutely clear that he’s going to crack down on visas for religious leaders. Too often, we have seen reassurance from officials which falls by the wayside as soon as an issue arises. It won’t help in later cases to raise an informal discussion with the DG,” he said.

“I realise that the initial reasoning by the minister was because of individuals who were abusing the system,” says Bagraim. “Unfortunately, as is always the case, once the system is changed, then everyone falls into the onerous new conditions. Regulations are there to be interpreted by the immigration officials, who will put everyone into the same basket. It doesn’t help at this stage to assure the Jewish community that it will be treated more favourably. Not only is this incorrect, the regulation should be clear and should treat everyone equally. If there are individuals abusing the current system, then they should be clamping down on those individuals instead of making it far more onerous for all religious leaders.”