Guptas’ citizenship ‘breaches SA rules’
Immigration law experts claim Gigaba acted unlawfully
IMMIGRATION experts have slammed Finance Minister Malusi Gigaba’s decision to grant citizenship to the Gupta family while he was home affairs minister.
This comes after the EFF released what it believed was proof that Gigaba had flouted the country’s immigration laws to accommodate the family.
Yesterday, spokesperson Mayihlome Tshwete said the minister had acted in the same manner in the issuing of certificates of naturalisation to sport personalities and other foreign investors, having suggested the same be applied for Brics (Brazil, Russia, India, China, South Africa) investor partners.
Tshwete confirmed the legitimacy of the documents in possession of the EFF and said granting of naturalisation certificates was not unusual. He maintained there was no flouting of the laws.
He said the application process began long before the controversy surrounding the family started.
Immigration experts are baffled by Gigaba’s explanation.
Professional immigration FORMER national police commissioner Riah Phiyega has been left fuming after the police submitted a report in Parliament alleging she was doing business with the state during her tenure.
Phiyega yesterday described it as “misrepresentation of the highest order” and threatened to sue the police.
This came after the SAPS top brass tabled a report to the standing committee on public accounts (Scopa), which fin- attorney Craig Smith said: “The minister per his own regulations breaches the regulation which requires one to hold permanent residence for 10 years.
“According to the documentation, they held permanent residence for less than that. You cannot be a national from another country that prohibits dual nationality unless you have revoked your existing nationality,” said Smith.
He questioned whether the family had done so as India does not allow it.
“His only power pertains to dealing with a discretion on ordinary residence and being out of the country.
“He has, in my view, acted unlawfully in granting the Guptas citizenship.”
Gary Eisenberg, who is considered South Africa’s pre-eminent immigration lawyer, said: “When a person applies for dispensation, in effect they apply to the minister who due to his duties delegates this responsibility to senior officials in the department. Therefore, he in effect is rejecting the application. There exists no higher authority, thus to whom did the Gupta family appeal?”
He said he doubted the attitude of the opposition parties towards the Guptas would have resulted in the controversy.
In a statement, Tshwete said it was unfortunate that the focus of the nation has been diverted towards “spurious sideshows” when it was faced with economic challenges.
“The Gupta family have been permanent residents in South Africa since 2008. They appealed the initial rejection, which they are entitled to do, and the minister exercised his discretion in awarding the certificates of naturalisation due to exceptional circumstances,” said Tshwete.
He said Gigaba has requested the Department of Home Affairs to provide the media with the Gupta family’s motivation for their application and any other issue related to the matter. THE ANC has been urged by opposition parties to honour late Struggle stalwart Ahmed Kathrada by fulfilling his wish to recall President Jacob Zuma.
This was during the tribute to Kathrada in Parliament yesterday where calls for Zuma to quit were reiterated.
Opposition parties said the ANC had the perfect opportunity to heed Kathrada’s call when Parliament votes on the motion of no-confidence against Zuma.
Kathrada penned an open letter to Zuma in March last year, calling on him to step down following the Nkandla judgment.
Kathrada died in March this year, and during a memorial service in Joburg, his wife Barbara Hogan repeated calls for Zuma to go.
Science and Technology Minister Naledi Pandor said the Kathrada family could not join proceedings in Parliament because of a family bereavement.
She said that for South Africa to remember Kathrada, it must continue to fight racism and said Kathrada was an embodiment of humility who shaped South Africa’s legacy.
“For him, the principles of the ANC were not for regurgitation, they were a map for political life,” she said.
Ghaleb Cachalia of the DA said Kathrada died a broken man after he saw the ANC fall apart and Zuma failing to step down despite his call last year.
He said Kathrada had had enough of Zuma and the scandals around him when he asked him to step down.
Ntombovuyo Mente of the EFF called on the ANC to honour Kathrada by voting against Zuma in the motion of no-confidence.
The Constitutional Court has not yet given its judgment on the application by the opposition for a secret ballot in the no-confidence motion.
UDM leader Bantu Holomisa said he hoped Parliament would heed Kathrada’s call by voting against Zuma.
The ANC said its MPs would not back the motion, but Holomisa said this was an opportunity for the ANC to remove Zuma.
“During his last days, Kathy was deeply troubled by the conduct of the sitting head of state and could not reconcile this conduct with the sacrifice he and other stalwarts made for this democracy,” said Holomisa.
He also told Deputy President Cyril Ramaphosa that the government must arrest those implicated in the Gupta emails saga.
Holomisa described the emails as nauseating and said those implicated must face the might of the law.
“I hope that this House will soon truly honour (Kathrada) by responding positively to his call for Mr Zuma to leave office; especially in the light of this recent email scandal,” he said.