Ofosu-Kwakye Attorneys

24/09/2026

13/06/2026

Congratulations to Zelda, our Candidate Attorney, on her admission as an Attorney of the High Court of SouthAfrica. Continue to serve with distinction.

12/06/2026

The decision makers biased approach: A substance blind exercise of power.

When a client receives an appeal rejection based on an error of fact caused by the Department, and the Department issues a waiver of overstay instead of a waiver to uplift the prohibited status placed upon the applicant, the decision maker in an appeal is required to apply substance to resolve the matter.

Yes, the law requires an upliftment waiver but who issued it? The decision maker’s approach exposes a bias toward administrative convenience, not justice. Faced with a rejection rooted in an error of fact, he refuses to interrogate the substance and instead clings to the Department’s own mistake. That is not neutrality or fairness; it is a failure to consider relevant considerations, a refusal to apply the mind, and a predetermined posture that shields the Department rather than correcting its own error.

A waiver of overstay issued in place of a waiver to uplift the prohibition status shouldn't deter the correct measures which could have been achieved. After all, who erred twice? This denial of a successful appeal outcome is irrational.

23/05/2026

Bravo to VFS Rivonia… So You Think You Can Dance?

Changing tunes mid‑song may impress on a dance floor, but in immigration administration it’s a dangerous misstep. Are your bosses aware that you are turning away appeal applicants on the grounds that they are submitting appeals “without valid visas”?

Let’s be clear; an appeal is not a visa application. When an applicant receives a rejection letter, the law grants them 10 working days to lodge an appeal. Within that window, the only mandatory document is the rejection letter itself, accompanied by supporting documents as per the checklist. Nowhere does the law demand proof of a valid visa at that stage.

Do you imagine that time stood still while renewal applications languished for two years or more? Visas expired while applicants waited for your outcomes. That is not their fault. To then deny them the right to appeal because their visas expired during the delay of the decision maker at the Department of Home Affairs is illogical and unlawful. What kind of bias and daylight robbery is this.

Kindly note that the following:

1. Appeal rights are statutory. They cannot be curtailed by officer behind the counter. If you do not know, ask your supervisor.

2. Expired visas during pending outcomes are a direct consequence of departmental delays, not applicant misconduct.

3. Rejection letters are the gateway to appeals. They are sufficient to trigger the process.

4. Your role is facilitative, not obstructive. Allow the decision maker, whether it is the Director‑General or delegated authority, to assess the merits of the appeal.

5. Do not pre‑judge by blocking submissions. It's totally wrong.

6. The checklist exists for a reason. The Applicants submit their rejection letter and any supporting documents relevant to their grounds of appeal.

That is all. Demanding proof of a valid visa at appeal stage is an invented requirement, unsupported by law. Allow, the Department of Home Affairs to take decisions.

08/04/2026

The Refugee Status Determination Officer is the Real G.O.A.T.

In South Africa’s refugee protection system, the Refugee Status Determination Officer (RSDO) is the unsung hero or perhaps the reluctant referee who attempts the first decision-making on an asylum application.

They sit at the crossroads of law and life, wielding a pen that can either unlock a new opportunity to life or slam the door shut.

The RSDO is tasked with translating the lofty promises of the Refugees Act 130 of 1998 into lived reality. They must decide, often in a cramped office with a mountain of files, whether an asylum seeker’s fear of persecution is “well-founded”. It’s a decision that echoes far beyond paperwork. It determines whether someone gains protection under the Constitution or the person may be cast back into danger. But for the principle of non-refoulement and review processes.

They are expected to be part lawyer, part psychologist, part historian, and part diplomat, while juggling caseloads that would make even Atlas shrug. Yet despite the systemic pressures, the RSDO remains the frontline guardian of South Africa’s obligations under the UN Refugee Convention and the OAU Convention.

And here’s the irony. In a system plagued by backlogs and bureaucracy, the RSDO has become the gatekeeper. When they get it right, they save lives. When they get it wrong, they risk violating the rights of the asylum seeker.

So yes, the RSDO is the real G.O.A.T; not because they are flawless, but because they embody the tension between interpretation of what the law is and how it should be practiced.

They remind us that refugee protection is not abstract; it is human, urgent, and a necessity.

Are you that G.O.A.T? Then act like one!

27/02/2026

CITIZENSHIP 🇿🇦

28/12/2025

The current Refugee and Immigration law is still applicable and a guide for asylum seekers and foreign nationals in South Africa 🇿🇦.

25/11/2025

Give to Caesar what belongs to him. Affinity Life, you have a soul!

A few weeks ago, I had to appeal the non-payment of a funeral policy. At first, I wondered whether it was worth the effort. My trust in life and accident insurance policies had already been shaken after a disappointing encounter with one of the top five banks.

But as the client sat across from me and I looked into her eyes, my hesitation vanished instantly. I immediately requested a translator because she spoke in vernacular, and soon the appeal process began.

Three weeks later, the appeal was successful. For the very first time, the client phoned me via WhatsApp, a medium she had never used in our interactions to say thank you.

My heart is full. Thank you, Affinity Life.

I will gladly recommend them to anyone seeking a funeral policy. No, I haven’t been paid to advertise. I simply believe in giving Affinity Life the good name they deserve.

23/10/2025

Register your customary marriage. It’s not rocket science.

So, your customary marriage has been all bliss, and you’re now boasting nearly 30 years of success. That’s beautiful, but are we missing something? 🤔 Please register your customary marriage at your nearest Home Affairs office. It’s a straightforward process.

A few months ago, my team and I appeared in court to secure a decree of divorce for parties married under customary law. The presiding judge ordered them to first register the marriage and re-enrol the matter thereafter.

Would you really prefer to deal with this at the most crucial moment when the marriage has irretrievably broken down and you’re emotionally done and dusted? Why resuscitate a dead marriage, even for a second?

Encourage clients to register early and not at a point of dissolution.