Implementation of the South African Citizenship Amendment Act & Births and Deaths Registration Amendment Act: briefing by Department of Home Affairs

Meeting report

Briefing by DHA
Mr Vusumuzi Mkhize, Deputy Director General: Civic Services, Department of Home Affairs, (DDG: CS, DHA) said that the South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) was assented to, and signed by, the President on 3 December 2010 and published in the Government Gazette on 7 December 2010. Subsequent to the enactment of the SA Citizenship Amendment Act, the Department had issued the draft Regulations, which were published again in the Government Gazette on 16 May 2012, for public comment until 31 May 2012.  All comments received were considered and accordingly incorporated into the final draft Regulations. Comments were generally non-substantive and dealt more with ambiguity of language.

During August 2012, a legal opinion on the draft Regulations was requested and obtained from the Office of the Chief State Law Adviser at the Department of Justice and Constitutional Development (OCSLA). The OCSLA had suggested certain amendments, which were considered and effected.

The final draft Regulations were presented to the then Minister, Dr Dlamini-Zuma, and the Deputy Minister, who suggested certain amendments. The Regulations were approved by the then Minister during September 2012. 

The proclamation and the relevant documents to proclaim the SA Citizenship Amendment Act were prepared and forwarded to the President for approval.  This was obtained on 17 October 2012. The commencement date for the South African Citizenship Amendment Act and the Regulations was set for 1 January 2013. The Department was in the process of publishing the proclamation and the Regulations in the Government Gazette.

Training on the Regulations for government had commenced in Gauteng and Limpopo, on 18 October 2012. It was envisaged it would be finalised by 1 December 2012.

The Births and Deaths Registration Amendment Act, 2010, was assented to by the President on 3 December 2010.  Subsequent to the enactment of the Births and Deaths Registration Amendment Act, the Department prepared the draft Regulations which were forwarded to the OCSLA for scrutiny, and the suggested amendments were put into effect. The Regulations were presented to the then Minister on 21 March 2012 and subsequently published in the Gazette for public comments on the 15 May 2012. All comments received were considered and accordingly incorporated into the final draft Regulations.

As the then Minister had not yet approved the draft Regulations, the newly-appointed Minister Naledi Pandor would be briefed about the Births and Deaths Registration Amendment Act and the draft Regulations, and would be requested to approve the draft Regulations. It was envisaged that the Births and Deaths Registration Amendment Act and the Regulations would be implemented on 1 January 2013. 

Training on the Registration of Births and Deaths covered officials of the Department and relevant community stakeholders, including councillors, religious and traditional leaders, as well as rural doctors. It would begin simultaneously with the training for the SA Citizenship Amendment Act on 18 October 2012 in Gauteng, and was expected to be completed by 1 December 2012.  However, identified gaps in the training sessions could lead to further meetings.

Discussion
Mr G McIntosh (COPE) remarked that the SA Citizenship Amendment Act had been assented to at the end of 2010 and the Regulations were only going to be presented in January 2013 – a delay of 24 months. While it was realised Regulations were important and could be complicated, clarity was sought over why it had taken so long to reach finalisation.

In relation to dual citizenship, in the past the South African government had been very open in allowing citizens to take on a second passport, as it was difficult to travel on an apartheid-era South African passport. As part of struggle, exiles were also granted second passports or UN passports, so what was the departmental position on those types of people who held two passports?

Mr M Mnqasela (DA) expressed concern at the rate of vacancies at the DHA, and said it was worrying that so many posts were filled only with ‘acting’ staffers.

Mr Mkhize responded that it had taken so long to implement the Amendment Act because it was necessary to allow for public consultation after the internal departmental process.

On dual citizenship, it was noted that the old Act dating to 1995 was not clear in relation to what it meant when one lost one’s citizenship.  Many people had unintentionally relinquished South African passports leading to a mass of re-applications.  For people coming from other countries, where different citizenship laws were in effect and to ensure there was reciprocity between systems, where a country allowed dual citizenship, South Africa would likewise issue a second passport and vice versa.  As the process of naturalisation had also been very complicated, it had since been simplified.

Regarding the adequacy of staff and staffing levels in the Department, all heads of offices were listed as priority posts, as it was clear the Department could not operate without leadership.. The current challenge facing the Department was that in four provinces there were only acting provincial managers, as suitable female candidates could not be found and gender equity was a national requirement. It was hoped that these posts would be filled shortly.

The Chairperson asked about the training to be conducted on citizenship. Were other departments such as the police included in this training?

Ms G Bothman (ANC) also raised the issue of training, as there was a need to educate communities on the ground. She said hiring policies should not focus solely on gender, as this seemed to compromise the quality of leadership. Instead of filling a position quickly, there was a long wait until a female candidate was found. This impacted on the ability of the Department to function effectively.

The Chairperson asked that a presentation on the Amendment Act’s Regulations be made by the Department on a separate occasion.

Mr Mkhize said the Department would find people with the requisite skills, and not only the right gender.  On training, it was still in the early stages and it was of critical importance to incorporate religious and traditional leaders, as they had a valuable role in educating their communities. It was a fundamental necessity to train people to record births and deaths in rural areas, despite diverse religious adherence and a variety of traditional practices. The South African Police Service (SAPS) would be included in the training at a later stage.

Adv Tsietsi Sebelemetja, Director: Drafting (Legal Services), DHA, said part of what was happening with Statistics South Africa, had been in-the-field training for doctors to fill out death certificates on the spot. Follow-up training would be organised as gaps were identified.  SAPS would be a key participant, as they had frequent dealings with immigration law and the DHA often assisted them on whether or not a person was in fact a South African citizen.

The meeting was adjourned.