Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Home Affairs told me that asylum seekers cannot apply for permanent residence. Doesn't this contradict a Constitutional Court ruling?

Asylum seekers (i.e. people who do not hold refugee status) may apply for a residence permit.

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Home Affairs declared my husband an undesirable person for five years because he overstayed his visit. Can this be overturned?

Your husband can appeal to the Minister of Home Affairs.

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How do I get Home Affairs to give me my birth certificate?

Home Affairs says that the waiting period for an unabridged birth certificate is three to eight weeks, but many people have complained of delays of many months.

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Police officers arrested my friend for filming them assault someone. Are they allowed to do that?

It is entirely legal to film police arresting – or assaulting – someone.

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How do I go about getting permission to use the curb in front of my house as part of my driveway?

In Cape Town, you can contact the department at 080Β 065 6463 and they can direct you further.

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My father secured a loan with our house and it got repossessed. What can we do to stop the bank evicting us?

Before giving an eviction order a court must balance your interests against the bank’s, and decide if selling the house is the best option, or if alternatives can be found to settle the debt.

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My neighbour is involved in dog fighting. Is dog fighting legal, and what can I do if it isn't?

Dog fighting is illegal and punishable by imprisonment. You can report it to the SPCA, but be prepared to testify.

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My Zimbabwean special permit was rejected on a technicality. I have appealed but it is taking a very long time. How can I speed up the process?

Unfortunately the short answer is that there does not seem to be a way to compel Home Affairs to resolve matters urgently.

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I am an asylum seeker. Can I apply for permanent residence?

The Constitutional Court ruled in October 2018 that a blanket ban on asylum seekers applying for temporary or permanent residence visas was not justified.

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My father was a police officer who died on duty. Can I claim any money?

As a SAPS member, he should have been a member of the Government Employees Pension Fund, and his wife or partner and children would be entitled to benefits after his death.

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