North West, Mpumalanga, KwaZulu-Natal, Western Cape Home Affairs service delivery; Electoral Commission (IEC) on Local Government: Municipal Electoral Amendment; Petition for 12-Month suspension of immigration regulations

Home Affairs

08 September 2015
Chairperson: Mr B Mashile (ANC)
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Meeting Summary

The Committee met to adopt service delivery report from four provinces -- North West, Mpumalanga, Kwazulu-Natal and the Western Cape -- and to be briefed by the Independent Electoral Commission (IEC) on the local government municipal electoral amendment bill. It also briefly considered an immigration petition submitted in terms of rule 312.

North West Province said it had four districts and 19 local municipalities, and the main contributors to the provincial economy were mining, cattle and mixed crop farming. All the facilities in the province were functional except the Ramtlabana health facility, which was experiencing connectivity issues due to its proximity to the border. All municipalities had a Department of Home Affairs (DHA) presence, and 113 areas had been identified as Late Registration of Birth (LRB) hotspots for the current financial year. All targets had been met, except the issuance of smart ID cards. 33 vacant posts had been advertised and many applicants had been interviewed. There had been four cases of fraud and corruption. Two cases had been reported to the Counter Corruption Unit (CCU), resulting in two hearings and two dismissals. There was a total budget of R168.79 million and an expenditure of R41.255 million, indicating a 25% spend in the quarter. An audit conducted at Mmabatho local office had found assets records on floor and not in the register, incorrect tagging of assets, and no detail regarding the condition of the assets. Office refurbishments were ongoing, as office accommodation remained a major challenge for the province.

Mpumalanga Province said it had three districts and eight local municipalities. Only five of the 11 mobile offices were functional. 31 of the 42 vacant posts had been advertised and candidates had been shortlisted and interviewed for most posts. All performance agreements had been submitted in the quarter and captured on Persal, and 65 staff members had benefited from training. There had been three cases of fraud and corruption in the province and one case of improper conduct, and consequently three warnings had been issued. Pertaining to the Counter Corruption and Security Services (CCSS), eight cases had been received, but there had been no outcomes to date due to incapacity issues. 26% of the total budget of R203.21 million had been spent in the first quarter. The province had achieved eight of its nine targets. Major challenges facing the province were the influx of illegal foreigners through porous borders, the loss of lives and infrastructural damage caused by run-away trucks in Oshoek, and the fluctuating network at the  health facilities.

Kwazulu-Natal (KZN) said it possessed a border post, two harbours and an international airport. All targets had been met, except for invoice payments and the collection of smart ID applications from citizens 16 years and above. Ethekwini Municipality had signed a memorandum of understanding with the DHA on 8 October 2014 for a three year period which was aimed at formalising the relationship in order to give meaning to the national population registration campaign. The province had been allocated a budget of R228.9 million, and 42% had been spent by the end of August 2015. Only 95 of the 110 provincial vehicles, and nine of the 17 mobile offices, were functional. The province’s challenges were delays in the procurement of office accommodation, the lack of a structure to deal with decentralization of finance, unsuitable office infrastructure, and LRB backlogs.

The Western Cape reported that it currently had a footprint of 74 active client contact points, and 59% of its front offices had been modernised as at August 2015. Only 32 of the 129 facilities were connected. 18 hospitals had been optimized in the previous financial year to increase birth registrations within 30 calendar days. Offices currently occupied 21 private and three state-owned properties, and major challenges were the refusal of landlords to do maintenance and repairs, and small office spaces. There were 40 vacant funded posts, some of which had beenHH created as a result of promotions within the organization. The province had a total budget of R173.51 million, and 24% had been spent at the end of the first quarter. All 44 employee positions had been filled, total case files in the Refugee Reception Centres (RRC) added up to 205 131, and 71 833 files were awaiting adjudication by the Refugee Status Determination Officer (RSDO).

A functional query management system and a telephone monitoring system had been developed, and there was a dedicated desk in the PM’s office dealing with enquiries.

The Independent Electoral Commission presented the local government municipal electoral amendment bill, stating that its main objects were to insert and amend certain definitions. Institutions consulted had included the National Party Liaison Committee, the Department of Co-operative Governance and Traditional Affairs, and the South African Local Government Association (SALGA). The estimated cost for the system enhancement was R5 million, which had already been budgeted for and funded in the 2015/16 financial year, so no additional funding would be required

Members’ questions regarding provincial service delivery probed a wide range of issues. They asked about the seniority of officials involved in corrupt activities, the need for vetting at all levels within the Department, the poor connectivity between the DHA and the health facilities, the reluctance of citizens to apply for smart IDs, provincial managers serving in acting in positions for too long, the involvement of local media in outreach campaigns, the functionality of mobile offices, and the constraints of office accommodation.

As regards the local government municipal electoral amendment bill, issues raised included consideration of a biometric voting system, the immediate release of figures relating to the total number of voters before votes were counted, confusion around the lack of provision for temporary identification documents in the amendment, resolution of connectivity issues as regards the electronic submission of documents, and the urgent need to pass the bill before the forthcoming local government elections.

The Committee reached a consensus to forward the received immigration petition to the Inter-Ministerial Committee (IMC).

Meeting report

Opening remarks:

The Chairperson welcomed all attendees. He requested that acting provincial managers indicate the duration they have been acting in their positions and state reasons.

North West Province
Ms Irene Mantlhasi, Acting Provincial Manager, North West Province, said she has been acting in the position since 1 August 2011. She explained that the position had been advertised thrice and she had applied only the third time. She had been interviewed for the position on 29 June 2015, and a result was being awaited.
The Acting PM gave a brief introduction and background of the province. The province’s population constituted 6.7% of the country’s population, and had a net migration of 89 317 from 2011 to 2015.  The province had four districts and 19 local municipalities. The main contributors to the provincial economy were mining, cattle, and mixed crop farming. The current provincial footprint of the country confirmed that 73 of the 74 facilities were functional, and only the Ramatlabana health facility was experiencing network challenges due to its proximity to the border between South Africa and Lesotho. According to her, all municipalities had a DHA presence and 113 areas were identified as Late Registration of Birth (LRB) hotspots for the current financial year. 26 areas had been visited in Bojanala Platinum district in the first quarter, and the remaining areas would be attended to during the second and third quarter, culminating in a provincial outreach planned for December 2015.

Eight of the set nine targets of the provincial business plan had been achieved. The target not achieved related to the issuance of smart identity documents (IDs), while all other targets were achieved. She highlighted the achieved targets as invoice payments within 30 days, birth registrations within 30 calendar days, direct deportation within 30 days and transfers to Lindela within 20 days, and the charging of non-compliant employers, amongst others. The province had more female staff than males and had overachieved in terms of employment equity targets for disabled persons, with a percentage of 2.6%. There was a vacancy rate of 5.4% -- 35 vacant posts out of a total 649. 33 positions had been advertised. All the advertised posts had been shortlisted at the end of June 2015, and 32 applicants were interviewed at the end of June 2015. Two new positions, one immigration officer in Rustenburg and a cashier supervisor in Vryburg, would be advertised.

Ms Mantlhasi said there had been two cases of fraud and corruption, a case of misrepresentation, and one case of intoxication on duty. The employees involved in the fraud and corruption and misrepresentation cases had been dismissed and the case of intoxication on duty was currently under investigation. She added that two cases had been reported to the Counter Corruption Unit (CCU), and there had been two hearings and two dismissals. Interactions between the province and staff were facilitated through daily operations meetings, staff meetings, monthly broad management meetings and youth forums, amongst others. For staff development, a total of 57 staff (mostly females) had benefited from training conducted between April and June 2015.

Mr Stephen Tiley, Director of Finance, North West Province, said the voted budget was R168.79 million. There had been expenditure of R41.255 million, indicating a 25% percentage spend in the quarter. There were pending commitments of R959 000, and a projected expenditure of R126.59 million. A total of just over R8 million in revenue had been generated. The top contributors were Bojanala Platinum and Ngaka Modiri Molema districts. In terms of fleet management, 94 out of 97 vehicles were functional, and the others had been involved in accidents. Ten of the 11 mobile offices were  functional.

The province accounted for a total of 9 863 fixed assets and 53 unverified assets. In terms of the audit conducted at Mmabatho local office on 18 June 2015, asset records had been found on the floor, and findings had included incorrect tagging of assets on the fixed asset register as ring-fenced, or recorded without serial numbers, and others had been recorded without conditions. Verification of assets was conducted quarterly and updating of all movement forms and additions on the Bar-coded Asset Audit (BAUD) was carried out on a monthly basis.

Ms Mantlhasi said office refurbishments were ongoing. The Molopo and Mankwe Medium Offices would undergo repairs and upgrades, Taung medium office would  have a newly constructed office, Christiana small office would  be moved to a new building, and Zeerust, Itsoseng and Ganyesa medium offices had been moved into newly leased buildings.

Identifying the provincial achievements, she said there had been stakeholders’ participation in various service delivery programmes, such as Setsokotsane and Operation Fiela. The province had received few audit findings during the Auditor General’s (AG’s) visit, and there had been a launch of the Moetapele initiative in Dr Kenneth Kaunda and Dr Ruth Segomotsi Mompati districts, which had motivated an attitudinal change and instilled a culture of professionalism in officials. The provincial challenges were the lack of suitable office accommodation, a high number of uncollected IDs in offices, which exposed the Department to the risk of corruption, a slow turnout by clients to make smart card applications, and poor networks and low bandwidth in some health facilities which hampered efficient service delivery.

Mpumalanga
Ms M Makatu, Acting Provincial Manager, Mpumalanga Province, said she was formerly the District Manager Operations (DMO) of Nkangala district. She had been acting in the position for seven days since the previous PM had retired.

Giving a brief introduction of the province, she said it accounted for 7.8% of the country’s population and had an unemployment rate of 41.8%. It had a total of three districts and eight local municipalities. The provincial management structure showed that the acting provincial manager doubled as the DMO in Nkangala district. The provincial DHA footprint pictured Ehlanzeni district with 47 footprints, Nkangala District with 31 footprints and Gert Sibande district with 40 footprints. Only 13 out of the total of 41 health facilities were operational due to poor network connectivity and hospital renovations. In terms of office accommodation, most offices had signed new leases and a few other still had a valid lease agreement.

Only five of the 11 mobile offices were fully functional. Three mobile offices had broken satellite dishes, one was being serviced, another was awaiting approval for the replacement of batteries, and the equipment of a mobile office had been pilfered whilst with a service provider for repairs.

The province had failed to meet its target for issuing smart ID cards in the first quarter. As regards capacity, 747 out of the 803 posts in the province were filled, leaving a total of 42 funded vacant posts. 31 of the 42 vacant posts had been advertised and candidates had been shortlisted and interviewed for most posts. Reporting on employment equity, she affirmed that more females were currently employed in the province and the staff was comprised of 94.39% Africans, 1.07% Coloureds, 0.27% Indians, and 4.28% Whites. The province had overachieved with 2.94% employment of disabled persons, as opposed the demographic target of 2%. A total of 65 staff members had benefited from staff training conducted between April and June 2015. The province engaged staff through monthly top and provincial management meetings, monthly district management meetings, and monthly youth development meetings, amongst others.

Ms Makatu said that there had been three cases of fraud and corruption in the province and one case of improper conduct, and consequently there had been three warnings. Pertaining to the Counter Corruption and Security Services (CCSS), she confirmed that eight cases had been received in total, but there had been no outcomes to date due to incapacity issues. 34 cases had been vetted and submitted to the head office.

Mr Khanyiso Pahlane, Assistant Director of Finance and Support, Mpumalanga, said that 26% of the total budget of R203.21 million had been spent in the first quarter, mostly on employee compensation and goods and services. The cost drivers for goods and services were travel, subsistence, fleet maintenance, and accruals from the previous financial year. Revenue of R10.864 million had been realised in the quarter, mainly through the sale of goods and services produced by the Department. The top revenue contributors were Mbombela and Nkomazi municipalitiesThe province accounted for 12 646 assets on BAUD, but that 90 assets were not verified and the province had not been audited for the 2014/2015 financial year. 111 vehicles in the 123-vehicle fleet were functional, excluding mobile offices.

The province had achieved eight of its nine targets. These included invoice payments within 30 days, birth registrations within 30 calendar days (even though health facilities’ connectivity issues remained a concern), the issuance of smart IDs to citizens 16 years and older, the charging of non-compliant employers, the direct deportation of undocumented foreigners within 30 days, transfers to Lindela within 20 days, the finalization of fraudulent marriages, and the charging of transgressors in terms section 49 of the immigrations act. In terms of green ID books and Late Registration of Births (LRB) applications, there had been 7 335 uncollected IDs at the beginning of the first quarter, a total of 12 776 IDs had been handed out, and there were 6 869 uncollected IDs at the end of the quarter. There had been 847 LRB applications in the quarter. 1 972 and 1 849 unabridged birth certificates had been issued in June and July respectively, and equivalent letters of 134 and 209 were also issued. As regards mobile office statistics, total revenue of R48 315 had been generated in the quarter and a total of 540 IDs had been handed out.

42 cases had been withdrawn due to 26 offenders being minors, and for several other reasons. After the withdrawal of the cases, deportations and asylum applications had been made. There had been over one million arrivals and the same number of departures at entry ports, and most were foreign nationals. There had been 2 930 refused arrivals and 896 refused departures in total. The PM explained that the departure refusal of SA citizens did not include refusals due to unabridged birth certificates.  There had been a total of 1 833 undesirables, and a sizeable number of immigrants from Mozambique and Swaziland had been deported between 2004 and 2014 – 2 087 immigrants from both nationalities had been deported so far in the current year.

The accommodation challenges in Mapulaneng, Hazyview and Nkomazi had been resolved, as alternative accommodation for the offices had been secured.

The major challenges facing the province were the influx of illegal foreigners through porous borders, the loss of lives and infrastructural damages caused by run-away trucks in Oshoek, a fluctuating network at health facilities, office accommodation challenges, the non-achievement of the applications target for smart ID cards, and an inadequate fleet for the inspectorate. For each of the highlighted challenges, she said strategic interventions were under way.


Discussion
The Chairperson commended both provinces for their presentations and added it would be impossible for DHA to meet its mandates without the commitment of the PMs. He said security consciousness in offices should be prioritised as DHA personnel were capable of selling citizenships “even to the wrong persons”. Only committed and transparent officials who steered clear of corruption should be appointed and encouraged. He asked Ms Makatu how she intended dealing with the district office of Nkangala if its challenges were presented to the PM.

Ms D Raputhi (ANC) inquired about the level of the officials who had been charged for fraud and corruption. She asked why citizens were not applying for new smart ID cards in the North West province. She sought clarity on the length of dismissals of staff from public service.

Ms O Maxon (EFF), while addressing her inquiry to the North West PM, said that it was abnormal to be acting in a position for four years. As regards Ms M Donso, who managed two districts -- Dr Kenneth Kaunda and Dr Ruth Segomotsi Mompati -- she inquired about the effect on the districts and on the DMO. What plans were in place to mitigate the poor network issues, which she claimed were overdue? She also asked why the DMO in Gert Sibande district (Mpumalanga) had been acting in the position for such a long duration. She sought clarity on the plans in place to resolve connectivity issues between the DHA and health facilities, and also the plans to curb corruption. She questioned the reliance of provinces on Operation Fiela for their achievements. She asked how service was coordinated in Mpumalanga to offer quality service, bearing in mind its large landscape and rural communities. What plans were in place to motivate young people to apply for smart ID cards, and what security measures were in place to protect mobile offices?

Mr B Nesi (ANC) was worried whether the reports reflected the realities in provinces. He asked why there were quantitative targets for charging persons, rather than the prevention of offenders from committing fraudulent acts. As regards DMOs and PMs in acting positions, he inquired why the posts had not been filled and if the Department was not contributing to the unemployment rate in the country. How would connectivity issues be resolved? What were the internal departmental plans to meet targets, rather than relying on Operation Fiela.

Mr M Hoosen (DA) said that the report from the North West (NW) province was encouraging, as almost all targets had been met. He asked how the NW province had been able to resolve connectivity issues, as 36 of the 37 health facilities were  functional. NW’s connectivity method might prove effective in other provinces. As regards employment equity, he inquired why there were  very few Indians employed in both provinces

Ms T Kenye (ANC), whilst addressing her questions to the Mpumalanga PM, asked why only a few mobile offices were operational. What were the plans to fix broken satellite dishes? She questioned why only one of nine health facilities in Nkangala district was functional. What were the plans to ensure functionality of all the facilities? Why had the cases of apprehended minor immigrants been withdrawn in court?  Why had the province not been audited for the previous financial year? As regards the NW province, she inquired about the statistics of outreach programmes conducted, and also asked why the target of ID cards issuance had not been met.

Mr D Gumede (ANC) commended both provinces for service delivery and for striving to meet the target of invoice payments within 30 days,which helped to reduce poverty and the unemployment rate. He inquired if top officials were being vetted as a corruption control measure. Were the current corruption control mechanisms effective?  As regards communication, had the local media been involved in reaching out to citizens? He asked if improvements had been made at the Standerton office (Mpumalanga), as there had been complaints previously about the poor state of the office. Could data bundles be used as a temporary solution to connectivity issues?      

The Chairperson said that the upgrade of mobile offices should be addressed, as the previous mobile offices were not capable of issuing the new smart IDs on the spot.

Ms Matlhasi answered that as regards achieving smart card targets, the provincial plan was to engage youth cadres to mobilize citizens to apply. Taxi associations had been engaged to convey people to and from offices to achieve this purpose, and the Rustenburg office was well connected to issue smart cards. As regards connectivity issues in the Ramatlabana office, she said ADSL connectivity had been suggested as a substitute for 3G connectivity. She said that targets had already been met before the inception of Operation Fiela.

As regards the statistics for fraud and corruption, she confirmed that two level 6 staff members, and one at level 7, had been involved. She said that hospital connectivity was also used for LRBs. As regards outreach programmes, there had been mini outreach programmes in Bojanala and Kenneth Kaunda, and the main outreach programme for the province was slated for December 2015. North West FM radio, The Sowetan and a few other local media were being engaged to convey messages to the public. The Department of Communication was also assisting in marketing the provincial services.

The Chairperson inquired about the frequency of engagements with the local media.

Ms Mathlasi said that directors were delegated to engage the public via local media, and there were no scheduled engagements with the local media.

Ms Makatu said the smart card target had not been met because most offices were not well equipped with smart card facilities. Old age homes and schools had been approached to invite people to apply. The Department of Education had also been engaged to assist with the process. As regards the acting DMO of Gert Sibande district, she said applicants had been interviewed, a candidate had been selected, and an appointment was being awaited. She clarified that the mobile office satellite dish had been stolen when the bus was with a service provider for repairs. Hospital networks were currently being used for connections for LRB issues. She then confirmed that the Standerton office had since been refurbished ,and was currently in a good state. 

Mr Pahlane said that the audit from the previous financial year had not yielded a good report, as there had been issues around leave and asset management. The Department was currently trying to identify deficiencies, and reports would be sent to the head office to assist with recommendations. He said that vetting was carried out at all levels, and vetting results took time to compile. He added that the CCU was currently running workshops across the provinces.

The Chairperson said all questions there had not been thoroughly addressed should be responded to in writing, inclusive of questions related to anti-corruption plans and measures, the upgrade of mobile offices, and the filling of vacant posts. The absence of an audited report raised a huge concern. He then asked why office leases were renewed only after expiration. He said that standards of creativity and proactivity should be raised across the provinces.         

KwaZulu-Natal
Ms Nosipho Shandu, Acting Provincial Manager, KZN, briefed the Committee about service delivery in the province. She confirmed that she had been acting in the position for 21 months and there had been no recent developments as regards the filling of posts. She said most DMOs managed more than one district.

She said the province possessed a border post, two harbours and an international airport. The Durban harbour had 58 berths for vessels to dock and three marinas spread across the harbour. An average of 18 vessels, each with at least 25 crew members, were being serviced daily and that the port cleared an average of 316 800 passengers yearly. Richards Bay harbour was the largest commercial port in the province. The province had five districts, with no vacant DMO posts. As regards the DHA footprint, she said only 137 of the 150 facilities were functional -- 13 were non-functional due to accommodation challenges. Ethekwini metro municipality had the largest number of offices in the province. There were 18 support staff in the PM’s office.

Ms Shandu highlighted the targets achieved as birth registrations within 30 calendar days, the issuance of smart IDs, the finalization of 95% of LRB applications within specified time frames, conducting outreach campaigns in support of the LRB mop-up campaign, the charging of employers in terms of Section 49 (3) of the Immigration Act, the charging of transgressors, the direct deportation of undocumented foreigners within 30 days, transfers to Lindela within 20 days, and the finalization of cases of fraudulent marriages. The province had failed to achieve targets for invoice payments due to incapacity at the PM’s office, for the collection of smart ID applications from citizens 16 years and above due to continuous power outages in some offices and the closure of the Mtubatuba office as a result of a fire outbreak.

The PM said that Ethekwini Municipality had signed a memorandum of understanding with the DHA on 8 October 2014 for a three-year period. The agreement had been aimed at formalising the relationship in order to give meaning to the national population registration campaign.

Reporting on port control statistics in the first quarter, she said there were a total of 190 503 arrivals and 183 390 departures, most of whom were foreigners.

Mr Naveen Singh, Director of Finance, KZN, addressed issues related to human resources, finance and supply chain management. He said the province had a capacity rate of 94.5%, and 47 vacant positions. As regards revenue collection, R33.25 million had been collected between April and August 2015. The staff profile was 41% male and 59% of female. The employment of disabled persons was at 1.7%, and the province needed to employ six more disabled persons to achieve the demographic target of 2%. He confirmed that all performance agreements had been signed and captured on the system in the previous financial year, and 98% of the performance agreements had been signed in the current year. 21 staff with less than a year of probation were awaiting induction and 19 others had been on probation for over 12 months and were being assessed continuously, as per the Performance Management Development System (PMDS) policy. The 47 vacant posts had been advertised and filled, and the turnaround time of six months would be met. As regards provincial labour relations, four cases had been received, two had been finalised, and two were in progress. A sizeable number of employees had participated in employee wellness programmes between May and July 2015.

Pertaining to vetting, he reported that 14 security clearance forms had been received from newly appointed officials, 30 forms had been received back from officials, and 28 confidential files had been forwarded to the State Security Agency (SSA) for record checks. No officials had attended polygraph tests.  30 security clearance certificates had been issued, none had been denied, and no conditional clearance certificates had been issued.

The province had been allocated a budget of R228.9 million and 42% had been spent at the end of August 2015. Spending in regard to goods and services and employee compensation was in line. There had been pressure on “other expenditure” as a result of households (leave gratuities), where there had been a 170% spending. Reporting on fleet management, he said that only 95 of the 110 vehicles were functional – the dysfunctional 15 vehicles were either undergoing repairs or had been involved in accidents. 40 vehicles had exceeded 150 000 km, which increased the fleet maintenance costs. He also highlighted that only nine of the 17 mobile offices were functional.

As regards security services, Eastern Guard Security had been contracted to offer security services at facilities. The service provider currently operated with 117 security guards. Fidelity currently offered cash in transit services for the Department in the province.

Ms Shandu said the province interacted with the staff through weekly staff meetings, monthly top management meetings and quarterly provincial management meetings, amongst others. Major achievements had been birth registrations within 30 days, the LRB mop-up campaign, and the decentralisation of Supply Chain Management (SCM). Challenges were the delays in the procurement of office accommodation, the lack of a structure to deal with the decentralization of finance, unsuitable office infrastructures, and LRB backlogs.

The Chairperson commented that work and service delivery should be based on the available budget, and no service delivery should be hampered while soliciting for additional funding.

Ms Shandu said that the maintenance of buses was carried out by the head office, which subjected the process to delays. The buses were driveable, but most of them did not have the capacity to print certificates on the spot. Vetting had been hampered due to the involvement of an appointed official in an accident, which had resulted in the official going on incapacity leave. There were more corruption cases, but they had not been reflected because the cases were currently being appealed.

Western Cape
Mr Yusuf Simons, Provincial Manager, Western Cape, reported on the province’s service delivery, and briefly gave an introduction on the province. The province had a total of six districts, three sea ports, a refugee office, and an international airport. It accounted for 14% of the national gross domestic product (GDP). Funded vacant posts for the DMO in the Cape Metro and West Coast were in the process of being filled.

The province currently had a footprint of 74 active client contact points and 59% of front offices were modernised as at August 2015. Two out of the 11 mobile offices were non-functional. The province had developed a redeployment plan for mobile offices focused on birth registrations in urban areas. The Oudtshoorn mobile office was without a manager. Only 32 (24 urban and 8 rural) of the 129 facilities in the province were connected, and 18 hospitals had been optimized in the previous financial year to increase birth registrations within 30 calendar days. There had been a proposal for the optimisation of six other health facilities in the current financial year.

Reporting on the accommodation status and leases, he said offices currently occupied 21 private and three state-owned properties, and major challenges were the refusal of landlords to do maintenance and repairs, and small office spaces. To mitigate the challenges, the province had resolved to refurbish the Stellenbosch office and relocate the Mitchells Plain office to alternative premises.

The provincial capacity rate was 94.01%, and there were 40 vacant funded posts. There had been 22 promotions and 25 new appointments in the first quarter. HH Some of the vacant posts had been created as a result of promotions within the organisation. The staff profile revealed that 63% of employees were females and 37% males, and were comprised of 56.50% Africans, 32.67% Coloureds, 0.67% Indians, and 10.17% Whites. The province had over-achieved with its 3.33% employment of disabled persons, as opposed the demographic target of 2%.  Training and capacity building was being provided in areas where skills gaps had been identified. Employee wellness programmes had been conducted in the first quarter and 123 males had attended men’s health wellness activity.  21 employees had attended a candle light ceremony in Beaufort West, 35 community members and 10 employees from surrounding offices had participated in a women’s outreach programme, and a total of 185 employees had participated in a Women's Day event and celebration. Madiba Day projects had been conducted at all offices within districts.

Reporting on the eradication of corruption, he mentioned that 12 cases had been received (mostly from metro offices), nine reports finalised, eight cases were unfounded, and three cases were on hand. As a result the province had over-achieved its target by finalising 62% of cases within 90 days. As regards vetting, 24 clearance reports had been submitted to the SSA. A total of 287 clearances had been issued, including 201 confidential, 78 secret, and seven top secret clearances.

Ms Almien van der Berg, Assistant Director, Finance and Support, Western Cape, said the province had a total budget of R173.51 million and a projected expenditure of R129.34 million. 24% of the budget had been spent at the end of the first quarter. Funding pressures were the payment of an accrual of R1 million from the previous financial year, G-fleet payments, and travelling line items. An estimated shortfall of R7 million was foreseen.

There had been a significant reduction in terms of bank exceptions between June and August 2015, and a meeting had been held with Fidelity, the cash in transit service provider, to strengthen the working relationship and improve contact management. Revenue of R20.39 million had been generated in the first quarter, and the major economic contributors had been the Cape Metro and Cape Winelands districts. As regards asset management, the province had a total of 15 357 assets on its Fixed Asset Register (FAR). An additional 171 assets were not registered, three assets were leased, 1 028 were F/L assets, and 199 assets were not verified. Discrepancies in serial numbers and descriptions had been found from an audit conducted at Cape Town International Airport. The province had a total fleet of 87 vehicles.

Mr Simons reported on the status of the refugee offices in Cape Town. All 44 employee positions had been  filled, total case files in Refugee Reception Centres (RRC) added up to 205 131, and 71 833 files were  awaiting adjudication by the Refugee Status Determination Officer (RSDO). As a result of the Cape Town harbour modernisation project, the staff complement had been increased from eight employees in 2010, to 36 in 2014, and management and leadership capability had been strengthened. There had been a total of 24426 arrivals and departures between April and July 2015.

Achievements against the first quarter Annual Performance Plan (APP) targets included direct deportation within 30 days, finalisation of fraudulent marriage cases, charging of transgressors, issuance of smart ID cards, and transfers to Lindela within 20 days. Conversely, the province had failed to achieve in terms of birth registrations within 30 days, prompted by connectivity challenges in health facilities, high impact outreach campaigns – the programmes were scheduled for October 2015 – the charging of employers, and the payment of invoices within 30 days

Mr Simons said a functional query management system had been developed, and there was a dedicated desk in the PM’s office dealing with enquiries. A telephone monitoring system had been developed after complaints had been received regarding unanswered telephones. As regards an action plan for implementation and monitoring of the Moetapele system, he said action had been taken. Moetapele monitoring forums had been established, and recognition through an awards initiative had been developed. The focus area for implementation at the local office level was an improvement of client experience.

LRB outreach programmes had been conducted in February in the Cape Metro district and a sizeable number of stakeholders had participated. As a result of an LRB outreach by DHA youth development forum members in the Vrendendal area, 25 ID applications had been taken in, there had been seven LRB applications, seven birth registrations, and 25 IDs had been distributed to their rightful owners.

Discussion
The Chairperson mentioned that many DHA offices assessed a large number of applications for civic documents and made decisions, but failed to communicate application outcomes to applicants. He termed the situation a chronic one, and added that many phone calls to DHA offices were unwarranted.

Ms Maxon, addressing her questions to Kwazulu-Natal, inquired why only eight out of 17 mobile offices were functional. Why were there were only 2 CCU support staff?  She questioned the why smart ID card target had not been achieved as a result of the deployment of officials during xenophobic attacks. She said that Operation Fiela was counter-revolutionary and asked about the Department’s plans to meet targets, rather than their reliance on Operation Fiela. She asked about the duration of filling vacant posts. She sought clarity on the benefits citizens stood to gain as a result of the partnership with Ethekwini.

Addressing her comments to the Western Cape, she mentioned that proper training was recommended for officials to strengthen capacity. She inquired why only three properties were owned by the state, and added that land had to be expropriated. The report writing skills gap should be addressed, and she inquired about the provincial impact of the direct reporting of ports to the headquarters.

Mr Hoosen inquired if there was a provision for provinces to measure performance in terms of customer satisfaction. He also inquired about the rumours about a client who had been harassed by a DHA official in KZN, and another staff member in the same office who was reportedly selling fraudulent IDs. He inquired how queues for smart IDs were effectively managed. He asked about the measures in place to mitigate the non-collection of IDs and birth certificates. He sought clarity on the essence of the memorandum of understanding signed with Ethekwini. He asked why there were always problems with the toilets in the Western Cape’s Home Affairs offices. He added that Operation Fiela revealed statistics of mass deportation of illegal foreigners, while the government claimed the operation was not targeted at foreigners.

Ms Kenye also inquired why only eight of the 17 mobile offices in the KZN province were functional. She inquired about the persons responsible for vetting. She asked if there was no need for mobile offices at the borders. She sought clarity on the plans to address the fleet issue. Were the released foreigners documented? As regards the Western Cape, she inquired if there had been an audit for the previous financial year, and whether there were plans to upgrade mobile offices.

Mr Nesi said that Operation Fiela should also target crime in the country and not just undocumented foreigners. He said the operation should be extended to game reserves to check gun licences, as a lot of illegal firearms were being imported into the country by foreign nationals (excluding African foreigners). He also inquired why clients kept complaining, if service delivery really was effective. The issue of acting posts for long durations was totally unacceptable, as it hindered commitment.

Ms Raputhi asked the KZN province about the impact of stakeholders on service delivery. She also inquired if dysfunctional vehicles were not hampering service delivery. She asked about a query received over an urgent passport application for a client which had been reflected in the report.

Mr Gumede commended both provinces for trying to achieve the target of invoice payments within 30 days. Stakeholder relationships in both provinces revealed that the Department was becoming more people-centred. He inquired how the State Information Technology Agency (SITA) down times had affected service delivery. He confirmed that there had been a shortage of inspectors in the WC during a visit, and cases had been reported in some other provinces of the inspectorate not having uniforms and low staff morale. As regards transfers and subsidies, he inquired about what accounted for the 222% in the WC expenditure.

The Chairperson reflected that LRB outreach programmes should be intensified if they were yielding the intended results. He said that the distribution of inspectors was not effective. He added that a detailed written response should be given by both provinces within seven days.

Ms Shandu responded to the concerns raised. She said that the case of the two Dlaminis was not related to nepotism. She explained that both Dlaminis were not related. One of them was a long serving officer, with 25 years in service, and the other Dlamini had joined the Department in 2008 at director level from the Department of Education. As regards support staff and corruption, she said the province had only three officials and could not cope with turnaround times. There was more corruption in Umgeni and Durban surroundings than had been reported, and officials had become more vigilant. Four arrests for fraudulent birth registrations had been made as a result. As regards the level of quality service, she said that a plan was currently being developed.

Mr Simons addressed a few questions relating to the Western Cape. He said 38 offices had been modernised over the years, and a total of 75% had been modernised in the province. The CCU cases were only for the first quarter and as a result, there appeared to be few. The toilets in Barrack Street and other offices were currently in good condition. The child passport (the query reflected in the report) had been applied for on 12 July, and the client had phoned on 21 July to ask for the passport due to an emergency which required the child to travel on 23 July. He said that the turnaround time was sometimes a week or less. 15 more immigration officers had been appointed in the current year and were spread to the outlying areas such as Vredenberg, Worcester and the Overberg. Immigration officers had been posted to areas where the Department never had officers before. 

Ms Van der Berg said there had been an audit in the previous financial year for the Cape Town and Malmesbury offices. She saidthat transfers and subsidies had been incurred as a result of resignations and dismissals, and they were payments and gratuities.

The Chairperson mentioned that national offices would be engaged in relevant programmes related to service delivery. Invoice payments and birth registrations were making serious progress and tangible commitments had been reflected in outreach programmes. Efforts needed to be invested in resolving connectivity issues to curb LRB, filling vacant posts, and mitigating corruption.

Independent Electoral Commission (IEC)
Mr Terry Tselane, Vice Chairperson, Independent Electoral Commission apologised on behalf of members of the Commission who could not avail themselves due to other commitments. He then introduced his team.

Mr Sy Mamabolo, Deputy CEO, IEC, presented the Local Government Municipal Electoral Amendment Bill.  He said the main objects of the bill were to insert and amend certain definitions such as:
to amend provisions relating to the nomination of candidates in order to provide for the electronic submission of candidate nomination documents and party lists;

  • to provide for different modalities for payment of electoral deposits;
  • to provide for the notification of interested parties where a candidate had been nominated by more than one person or party;
  • to clarify the circumstances in which marked ballot papers may be cancelled at the instance of voters;
  • to clarify the provisions relating to the determination and declaration of the results of by-elections;
  • to provide for matters connected therewith.

He said that:

  • Clause 1 amended section 1 of the Local Government:  Municipal Electoral Act, 2000 (Act No. 27 of 2000) ("the Act") in order to define the expression "authorised representative," and to amend the definition of "identity document;”
  • Clause 2 amended section 14 of the Act in order to provide for an additional modality of submission of party lists required for parties to contest elections by way of party lists and associated documents electronically to the chief electoral officer, in addition to the current method of submitting these documents to the office of the Commission’s local representative in the relevant municipality;
  • Clause 2 also provided, in conjunction with the proposed amendment of section 17A, for the Commission to prescribe additional modalities for the payment of electoral participation deposits, in addition to the current method of bank guaranteed cheques;
  • Clause 2 further amended section 14 to remove the requirement for parties to submit a notice of intention to contest the relevant election;
  • Clause 2 further seeks to provide for the requirement for the chief electoral officer to notify the relevant parties where a candidate’s name appears on multiple party lists and to afford the parties concerned the opportunity to substitute that candidate and re-order their party lists as a result;
  • Clause 3 amended section 17 of the Act in order to provide for an additional modality of submission of nomination documents required for persons to contest ward elections electronically to the chief electoral officer, in addition to the current method of submitting these documents to the office of the Commission’s local representative in the relevant municipality;
  • Clause 3 also seeks to provide for the requirement that an independent ward candidate must, together with his or her nomination documents, provide the Commission with a recent photograph of himself or herself in a form prescribed by the Commission;
  • Clause 3 further provides for the requirement for the chief electoral officer to notify the relevant persons where a ward candidate had been nominated by more than one person, and to afford the nominators concerned the opportunity to substitute that candidate as a result;
  • Clause 4 amended section 17A to provide for the Commission to prescribe additional modalities for the payment of electoral participation deposits, in addition to the current method of bank guaranteed cheques;
  • Clause 5 amended section 49 of the Act to delete the requirement that a voter may return a ballot paper that had not yet been placed in the ballot box to the presiding officer or a voting officer, and be issued with a new ballot paper only if that voter accidentally marked a ballot paper in a way that did not indicate for whom the voter wished to vote on the ballot paper;
  • Clause 6 amended section 64 of the Act to clarify the uncertainty regarding whether the provisions contained in that section for the determination and declaration of election results applied to by-elections
  • Clause 7 was a consequential amendment of Item 5 of Schedule 3 to the Act, which contained the Election Timetable as contemplated in clauses 2 and 4 that amended sections 14 and 17 of the Act. This clause further inserted Item 6A to deal with consequential amendments.

He said institutions consulted included the National Party Liaison Committee, the Department of Co-operative Governance and Traditional Affairs and the South African Local Government Association (SALGA)

He said that the financial implications for the state related to the enhancement of the candidate nomination system (business application) to provide for functionality to enable political parties to capture candidates from the Electoral Commission’s website. He mentioned that the estimated cost for this system enhancement was R5 million, which was already budgeted for and funded in the 2015/16 financial year and consequently, no additional funding would be required. He said the provisions of the Bill did not deal with any of the matters listed in Schedules 4 and 5 of the Constitution.

The State law advisers and the DHA were of the opinion that the Bill should be tagged as a section 75 Bill. The state law advisers were also of the opinion that it was not necessary to refer the Bill to the National House of Traditional Leaders in terms of section 18(1) (a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it did not contain provisions pertaining to customary law or the customs of traditional communities.

The Chairperson inquired about the required action.

Mr Tselane mentioned that an approval was required for the bill to become a proper law.

Dr Barbara Loots, Parliamentary Legal Adviser, said that the legal office was currently procuring a recommendation to the presiding officer.

The Chairperson inquired about the process required to assist, as provinces and municipalities were also being affected.

Dr Loots advised that there should be a public participation process by the interested parties and a report made to the House, and afterwards the normal House process would take its course.

The Chairperson commented that the amendments were mainly administrative and technical issues.

Mr F Shivambu (EFF) said that the administrative amendments were extremely useful. He said that the IEC should have the capacity to announce the total number of voters once voting was closed, before counting.

Mr Hoosen sought clarity about the intention to discontinue the issuance of temporary ID documents, and the consequences thereof.

The Chairperson inquired about the measures in place to ensure a smooth flow of the electronic submission process without hiccups in connectivity.

Ms Maxon said that the amendment appeared good. The Commission should consider the option of a biometric system of voting to mitigate the rigging of votes. She added that the Commission should address the issue of the South African Trade Union’s (SATU’s) presiding officers and affiliations to the Congress of South African Trade Unions (COSATU), which was being run by the ruling party.               

Mr Tselane mentioned that it was possible to have the total number of voters at the voting station, but the speed with which the information could be accessed from municipal offices, where the information was stored, might be challenging.

Mr Mamabolo said that the issue of SATU was being debated in the organisation. He said only civil servants had been used in previous elections but recently, the number of teachers used for electoral purposes had been reduced in favour of the unemployed.

The Chairperson said there must be a drive for the country’s electoral processes to be done with integrity. He added that a determining factor was to have competent personnel.
 
Mr Mamabolo answered that there would be a very secure way of gaining access to applications. There would be a minimum of 14 days to submit candidate lists of parties, to avoid unintended issues with network connectivity.

The Chairperson said his question had not been answered. He asked what happened if a political party was not able to complete their processes in time and they wanted to make submissions at the eleventh hour and the network failed.

Adv Tsietsi Sebelemetja, Director, Drafting and Legal Services, DHA, said that temporary identity certificates (TIC) would still be issued and the amendment of the definition of an identity document would   not affect the issuance of TICs.

The Chairperson said that the provisions for TICs had been deleted from the amendment. He then inquired how the TIC was accommodated for purposes of voting.

Adv Sebelemetja replied that the definition of identification card was inclusive of all forms of identity documents issued in terms of the Identification Act.

Mr Hoosen mentioned that the amendment implied a removal of the provisions for the TIC.

Mr Shivambu asked if there was an urgency to pass the bill before the local government elections, as Parliament would soon go into recess.

Mr Tselane appealed for urgency to pass the bill before the next election, as it addressed a lot of implications in the electoral process.

Mr Shivambu suggested that the Chairperson should meet with the presiding officers to ensure the bill was passed before the local government elections.

The Chairperson mentioned that the legislative process of Parliament followed a specified process and a minimum numbers of days, and if any of the processes were bypassed, then the legislation might be declared null and void. He said agreement had been reached to forward the immigration petition to the Inter-Ministerial Committee (IMC).

Mr Hoosen moved a motion to adopt the report, and he was seconded by Ms Raputhi.

The Chairperson thanked all members and attendees.

The meeting was adjourned.     
   
 

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