My nanny has been working for me since November 2008. She is the most wonderful woman, with excellent qualifications to her credit. She is also Zimbabwean – here for five years – trying to get asylum in our country …
I knew when I hired her that she would have to go regularly to renew her asylum papers. I accepted this because I felt she was the best person for the job and I interviewed more than 20 people – South Africans and Zimbabweans for the position – through nanny agencies and from referrals. She really is an exceptional person and has been a gift from God.
In the beginning, we had a few hiccups with the asylum papers – I never docked her leave for the visits to Home Affairs as I believed this would be unfair. Initially they were granting her 3 month visas and according to the documentation given to her she was supposed to go on the day it expired and renew. Every time she did that – either the day before it expired or the day it was due to expire – she was sent away by the officials in Joburg after being asked how she thought that they could renew something that hadn’t expired yet. They told her she had to wait to the day after it expired and then come back. She did as she was told and has been working that way for the past two years. After the first few three month asylum visas they extended her visa to six months and then to a year. Before they gave her the sixth month visa they told her her application for asylum had been rejected, yet they wouldn’t give her the reason for it which they are apparently supposed to do. They told her she could query this and try again. She has done so and still has been told it’s rejected with no reason given. Her and her husband are in this country and have valid reasons for fleeing Zimbabwe as do many I’m sure.
Recently she went to renew her visa and was told that the process has now changed. They gave her R1000 fine because she did not come prior to the visa expiring and they told her she was in the country illegally. She said there were many distraught people all facing the same problem – uncaring government officials who told them that they owed this money as they were now illegally here and if they didn’t pay then and there, they would face further fines and six months in prison before being deported. She was fortunate enough to be able to phone her husband and have him bring her the money.
She was told that for one day to one month overdue on the visa the fine is R1000 and that it goes up by R1000 for every month or part thereof after that.
When she told them what had been happening before they told her that’s not their problem and that the rules had changed recently and that’s just the way it was – if she didn’t like it they would cancel her papers and lock her up.
It’s not just Zimbabweans facing these problems – it’s all the foreigners in our country. This is surely not the spirit of Ubuntu – and it smacks of xenophobia at government level to me.
I just needed to get this out – I need people to understand that it’s not only the people on the street that the foreigners are now fearing but the government officials who on paper are promising to protect them.
L
2 Comment
Christian, November 17, 2010 at 11:37 am
L / Catherine
Wow… going through the same problem (terribly sad) and only now seen your letter/response.
Catherine I am going to contact the resources you mentioned thanks for that.
Have either of you had any joy since your postings, let me know and I will do the same.
Kind regards
Christian
Catherine Jenkins, September 1, 2010 at 10:54 am
Hello there,
only saw your blog article now – I know it’s been a while, but if you haven’t looked for any legal assistance yet, or just for the sake of something being done about it (or even to report the officer that she dealt with – I hope she has his/her full name) I suggest you/your nanny should report this incident to the Legal Resources Centre or UCT Legal Aid Clinic or Passop (NGO specifically dealing with Zimbabwean Asylum Seeker/Refugee rights in RSA) or any other organisation assisting Asylum Seekers and Refugees. Not sure whether you know about these options as you didn’t mention them in your story – if you have already taken action all the better!
Good luck,
we’re in the same situation except for the fact that our nanny has not had to pay a “fine” yet (is it maybe more of a bribe…?) I haven’t heard of these new regulations yet – will follow up on it as I’m interested to find out. Please share any news you might get on this matter with me.
Take care,
Catherine