Immigration A/B Update; MVC Matter Update; Deportation & Detention of Foreign Nationals; Miss SA Contestant Matter; with Ministry

Meeting report

The Chairperson welcomed those present at the meeting. He said that the meeting was called for the Committee to obtain answers to many of the observations it observed during the parliamentary recess, which include the legal status of the former Miss SA contestant, Miss Chidimma Vanessa Adetshina, and outstanding bills.

Following the recommendations of the report of the review by the Ministerial Committee on the issuance of permits and visas (also known as the Lubisi Report), the Sixth Administration set out steps to improve the coordination of work done between the Committee, the Department, and other stakeholders to tackle the criminal syndicates working within and outside the Department of Home Affairs (DHA) to stall progress. The Committee, he continued, was pleased to see progress being made to get rid of corruption within the DHA. To continue with this progress, the Department will need to strengthen its internal anti-corruption unit.

During the recent budget debates, all political parties represented in the Committee raised that the Border Management Authority’s (BMA) insufficient budget to carry out its duties. As such, after its oversight visits in the recess period it resolved to engage both the DHA and National Treasury (NT) to find ways to increase the budget.

After making those brief remarks, he asked if any apologies were received.

Mr Eddie Mathonsi, Committee Secretary, indicated that the Committee received apologies from Rev K Meshoe (ACDP), Mr T Mogale (EFF) and Ms F Muthambi (ANC).

The Chairperson asked that Members and Department officials introduce themselves.

Dr Leon Screiber, Minister of Home Affairs, introduced his delegation.

The Chairperson recounted that, in its last meeting, the Committee agreed to write to the Independent Electoral Commission (IEC) requesting that it prepare a report on the 2024 national and provincial election. The IEC has since responded to the correspondence. He asked the Committee Secretary to take Members through the response.

Mr Mathonsi said that the Committee invited the IEC to appear before it on 27 August to present its report. In its response, the IEC indicated that it would prefer not to present the report on the requested date as the results are subject to three legal challenges in the electoral court. However, it would be guided by the Committee.

The Chairperson invited Members to comment on the IEC’s letter.

Ms M Modise-Mpya (ANC) noted the IEC’s request to postpone the sitting to another date and said that the Committee acknowledged the various challenges the institution faced during the elections and the matters related to some of its commissioners. Given the importance of the issues at hand, she advised that the Committee give the IEC reasonable time to resolve its issues.

Mr A Roos (DA) supported Ms Modise-Mpya’s proposal and suggested that the IEC be given until no later than the end of September to appear before the Committee. He also expressed his concerns about the litigation faced by the IEC.

The Chairperson noted the suggestion and said the IEC would be permitted up until the end of September to appear before the Committee.

Thereafter, he mentioned that the Parliamentary Legal Services (PLS) would brief the Committee on its opinion on whether it should approach the Constitutional Court (CC) for an extension to amend the Immigration Act, and on the recent High Court Judgement on the Political Party Funding Act (PPFA).

Briefing by the PLS on whether to seek an extension from the CC to amend the Immigration Act
Ms Daksha Kassan, Parliamentary Legal Advisor, took the Committee through the opinion prepared by the PLS. She began by mentioning that the Constitutional and Legal Services received correspondence from the Committee recommending it seek an extension from the CC to amend the Immigration Act. This followed from the 2017 CC Judgement which declared the Act invalid due to being inconsistent with the Constitution.

The declaration of invalidity was suspended for 24 months to enable Parliament to correct the constitutional defects. The period of suspension on the order lapsed on 28 June 2019. Four years later, the Minister of Home Affairs and the Director-General (DG) of the Department approached the CC on an ex parte basis for a revival of the 2017 order for a further period of two years or such other time the court deemed fit for the DHA and Parliament to effect changes to the legislation.

In the judgement delivered in October 2023, the CC provided the DHA and Parliament with an extension of 12 months to enact changes to the Act. After some deliberation on the order, the PLS believed it was unnecessary to apply to the CC for an extension, based on these reasons. Firstly, there is no new declaration of invalidity of any of the provisions of the Immigration Act coupled with any new suspended order, and, accordingly, no order that is capable of being extended. Secondly, the invalid provisions, sections 34 (1)(b) and (d), no longer form part of the Act. As such, there is no statutory provision needing to be kept alive. Thirdly, Parliament is currently processing the amendment Bill, thus giving effect to the need for clarity.

See attached for full presentation

Briefing on the recent Western Cape High Court Judgement on the PPFA
Ms Telana Halley-Starkey, Parliamentary Legal Advisor, took the Committee through the presentation. She said that the Electoral Matters Amendment Bill was introduced in Parliament last year to make amendments, among others, to the PPFA. Once signed into law on 08 May 2024, the Electoral Matters Amendment Act (EMAA) removed the disclosure threshold of R100 000 per financial year and the upper limit of R15 million per financial year for donations to political parties, and it gave the President powers to determine both.

As no amounts were determined for the disclosure threshold or an upper limit for donations received, a lacuna (gap) formed in the law that Parliament had to address. On 16 May 2024, the National Assembly (NA) passed a resolution without amounts and left determination to the President. Noting this lacuna in the law, My Vote Counts (MVC) instituted a legal challenge against the PPFA in the Western Cape High Court, asking for the previous disclosure threshold and upper limit to be brought back.

Both the DHA and Democratic Alliance (DA) opposed the matter and argued that there was no lacuna in the law. In its judgement, the High Court agreed with the arguments made by MVC and returned the disclosure threshold and upper limit back to R100 000 and R15 million per financial year until the President regulates on the matter following a new resolution determined by the National Assembly.

After the presentations, the Chairperson opened the floor for discussion.

See attached for full presentation

Discussion
Mr Roos supported the PLS recommendation on the Immigration Act. He stressed that both the Department and Committee had to do better going forward, given the length of time it had taken to process the amendment bill, to the extent that [former] Minister Aaron Motsoaledi and the DG were taken to court. He asked what steps had been taken since the judgement to prevent Parliament and the Department from taking this amount of time to process a Bill, and to ensure that court cases against the Department are dealt with timeously and completely.

There was an instance where 775 zama-zamas (illegal miners) were arrested, only for 750 of them to be released two days later as the Department was unable to prove that they were in the country illegally. He asked if the Department could serve the Committee in the next 48 hours, with evidence that proves the individuals were in the country illegally, and if there were other considerations the Committee had to consider.

Regarding the presentation on the PPFA, he asked for the IEC to provide the Committee with an impact assessment on the PPFA, as it could not make any determinations with evidence.

Ms Modise-Mpya said that one of the reasons there are delays in the processing of some bills is because they are currently being challenged in the courts.

She asked the PLS to advise whether the Committee had the powers to give the President a timeframe to determine the threshold and upper limit.

Mr W Thring (ACDP) asked if all political parties would have to present the donations they received up until the elections, and who would monitor the process.

The Chairperson said that some of the questions will need to be addressed by the IEC in the next engagement.

Ms Kassan thought the Department could consider answering some of the questions asked by Members.

Ms Halley-Starkey indicated that the NA would have to determine what type of resolution it issues to the President.

Regarding whether all political parties will have to present the donations they received up until the elections, she said the IEC can address this as all disclosures are made to it.

The Chairperson mentioned that the presentations were meant for Members to note. Members will have an opportunity to go into depth on them in the next Committee sitting.

Thereafter, he highlighted that the Minister would provide an overview of the Department’s four presentations to the Committee.

Overview by the Minister
Minister Schreiber began by saying that the Department appeared before the Committee as it took the role of Parliament seriously. He assured the Committee that the Department would always be ready to account.

Over the past few weeks, the Ministry has had questions from the media on the issues to be discussed today, and it informed them that answers would only be provided in Parliament – the true representative body of the people.

The reality of what will be presented should shock the Committee; it amounts to a threat to our national security, and can only be addressed by the total and sustained digital transformation of Home Affairs to a digital-first Department.

The matters to be discussed are not isolated incidents and are symptoms of a systemic crisis that threatens the national security interests of the Republic. Paraphrasing Shakespeare, he said “Something is rotten in the State of South Africa.”

Instead of viewing them as isolated events, they need to be regarded as case studies that illustrate a far deeper problem at the heart of the state. The case studies provide valuable information about the Department's root causes, but also point towards the solutions that embrace digital transformation in all its facets and across Home Affairs.

There are several lessons both the Department and Committee must take seriously. One, that the lack of a modern digital integrated system to process all applications, adjudications and communication at the DHA is the root cause of the threat to national security faced in the sector. The common denominator across the presentations is that the DHA systems are vulnerable to fraud, corruption, and discretion because they are outdated, antiquated, paper-based, and manual, and therefore, open to subversion. In the presentations, Members will see that Libyan nationals obtained visas written by hand.

He questioned how the country could regard itself as a serious nation if it allows foreign nationals to enter its borders based on handwritten paper application process that even a child could forge – when it refuses to obey something as simple as online applications for visas, which would not allow a user to click submit if the application is incomplete, and when it fails to use modern technology like machine learning to verify the authenticity of a document better than any human being ever could.

Members will see that the DHA relies on officials from another Department (Department of International Relations and Cooperation) to process applications at foreign missions. He questioned why the Department has been underfunded to the extent that it has a 60% vacancy rate. With this high vacancy rate and weak management controls over some of the officials processing visa applications at foreign missions, he wondered how the Department could be expected to hold the Ministry to account.

It was surprising that the Department relied on an antiquated, broken and vulnerable system in the year 2024, where technology could instantly resolve all these issues. Considering these challenges, he called for the Committee and Department to move with urgency to digitise the system, as the negative repercussions on national security would be on their hands.

The Committee’s job of holding the Department to account would be impossible in the absence of the digital transformation it must embark on, as instances of human error, corruption and other wrongdoing will continue to happen with a manual-based processing system and other vulnerable processes subject to human discretion and without the required resources. Without these changes, the Department will continue to act as a firefighter, continuously extinguishing fires over the next five years.
 
Now was the time, he stressed, for the Department to be given financial and other support to not only put out fires, but also to prevent them from occurring in the future. He was confident that the Department would be able to do so, as much progress has been made on clearing the backlog. The officials have been able to do so by focusing on a clear goal, working in collaboration with other Departments and stakeholders, and embracing technology. The progress of the backlog demonstrates that the officials can solve seemingly intractable problems if they are given the leadership, support and resources required. If no efforts were made to reduce the backlog, the cost to the people of SA would be unbearable and would be felt for years to come.

The issue of identity theft uncovered by the Department in the investigation requested by Miss SA occurred 23 years ago. These same issues occur to this day due to syndicates that treat SA citizenship as something to be stolen, abused and trampled on.

The country could resolve the problem in the same way the South African Revenue Services (SARS) has done, which was by embracing digital transformation. This move helped SARS become one of the country's best state entities and one of the most effective tax administrations in the world.
 
Instead of talking about the latest cases of abuses, the Department sought to introduce the Committee to a digital platform that allows for continuous real-time auditing of the population register. While some people have called for an audit to be done, it would be impossible with the current paper-based system. Such an audit would be only possible if you have the information of all citizens integrated into a modern digital platform.

Introducing a digitised system would not only restore national security but would create hundreds of thousands of jobs. It would allow applications to be done in a fraction of the time they are currently done, with no system downtime, allowing people to apply from the comfort of their homes.

Things cannot continue as they are. The choice is to remain with the same systems and controls, thereby preventing the Department from resolving its issues, or move towards becoming a digital-first Department.

SA has a track record of defying expectations when its citizens work together towards one purpose. It was time for the Department to do the same. He hoped the Committee would share his vision and the Department’s sense of urgency in resolving the serious challenges it faces.

Mr Tommy Makhode, Director-General, DHA, outlined which officials would be taking the Committee through the four presentations. The first presentation would be made by the BMA.

Briefing on the BMA’s processing of the 95 Libyan Nationals
Dr Michael Masiapato, Commissioner of the BMA, took the Committee through the presentation. He began by outlining the BMA’s responsibilities in the immigration process. Firstly, the institution determines the validity of travel documents issued by the DHA. Secondly, it conducts traveller interviews and assesses visitors’ credibility of their need to enter the country. Thirdly, it issues section 23 permits for asylum seekers upon their arrival at the ports of entry (PoE) and directs them to the refugee status determination offices. Fourthly, it is empowered to deport any foreign nationals entering the country illegally.

Between the period 01 January and 14 August 2024, 588 Libyan nationals entered the country through OR Tambo International Airport (ORTIA) and Cape Town International for different reasons. Of the 588 Libyan nations who entered the country in that period, 463 have since departed, with 125 still in the country as of 14 August 2024. On 18 July 2024, the BMA became aware through intelligence reports of the influx of Libyans into the country, and the following day, ORTIA intercepted three Libyans carrying study visas that allowed them to enter SA for the purposes of training. However, after an investigation, it was established that the three individuals had misrepresented themselves and were denied entry.

The 95 Libyans arrested and since deported from the country on 16 and 17 August were found to have entered SA in batches between 21 April 2024 and 29 May 2024. All 95 of them entered through ORTIA using a study visa on the basis that they would receive military training for 36 months.

Over of the DHA Presentation on the Arrest of the 95 Libyan Nationals
Mr Makhode mentioned that, in its presentation, the Department would inform Members on the outcomes of its engagements with the recently deported 95 Libyan nationals, the site inspection done by the Justice, Crime Prevention, and Security (JCPS) Cluster, the ensuing court process, and the preliminary investigation that the DHA requested the Department of International Relations and Cooperation (DIRCO) to conduct. The presentation will provide Members with details on how the visa applications were processed in Tunisia, enabling their entry into SA. The Committee, he said, is aware that Libyans seeking to come to SA must apply for a visa in a neighbouring country, since SA does not have a mission in Libya.

DHA Briefing on the arrest of the 95 Libyan Nationals
Mr Makhode and Mr Thomas Sigama, Deputy Director-General: Civic Services, DHA, took the Committee through the presentation.

Mr Makhode said that the DHA participated in a joint operation with other law enforcement agencies (LEA) in White River, Mpumalanga on 18 July 2024, after receiving word that 95 Libyans were receiving training at the Milites Dei Academy by security agencies. The facility is accredited by the Private Security Industry Regulatory Authority (PSIRA) for security, not military training.

On the day of the raid, the Department also engaged with the official at the DIRCO Mission in Tunis, Tunisia, who issued the visas. She confirmed the authenticity of the issued visas. When questioned by the Department as to why she did not obtain approval from her supervisors or desk first before proceeding, she said that she had but had received no response – neither did she receive any authorisation from the DHA. As the applicants met the requirements in her opinion, she proceeded to issue them the visas.

Mr Sigama indicated that, before conducting the raid, the JCPS conducted a security assessment. Upon arrival, the Department found that the camp was set up for military training, with military tents, pentathlon tracks for physical training, infrastructure for urban warfare training, and shooting ranges, among others. The team faced no resistance when entering the camp and conducting the arrests.

The 95 Libyan nationals were all sent to various secured facilities, and their passports were seized. During the debrief session, the Libyan nationals indicated that they were at the facility to upgrade their skills to defend their country from terrorists and to protect their citizens. Some of the files retrieved at the facility revealed that most of them had participated in war and conflicts before, while others stated that they were university graduates.

On 29 July, the 95 Libyan nationals appeared at the White Rivers Magistrate Court for confirmation of detention for deportation, but criminal charges were preferred. The matter was postponed until 26 August 2024 by the court. During this period, the JCPS Cluster met and recommended that the foreign nationals be deported given that the South African Police Services (SAPS) had decided to withdraw the charges. The charges against them were subsequently dropped on 15 August, and the court confirmed their deportation.

The DHA is still awaiting a response from Department of International Relations and Cooperation (DIRCO) to conclude its investigation.

DHA briefing on the detained Ethiopians who were meant to work and sell counterfeit goods, and the illegal training camp that was found in Limpopo
Mr Sigama took Members through the presentation. On 27 July 2024, a total of 82 Ethiopian nationals (all males) were found by the SAPS in a house in Johannesburg during an operation to arrest a man reported kidnapped for ransom. The Ethiopian nationals were alleged to have been found in locked rooms in inhumane conditions. After the SAPS rescued them, the Department carried out a pre-assessment which found that the individuals had been smuggled into the country, and not trafficked as originally thought. Amongst them, seven minors were identified and handed over to the Department of Social Development (DSD) for further processing and to receive social services. The alleged kidnapped victim was also found amongst the group, and two individuals arrested on allegations of kidnapping.

The 82 foreign nationals were detained at Langlaagte Police Station in Johannesburg, and appeared at Hillbrow Magistrates Court on 30 July 2024, charged on Section 49 (1) of the Immigration Act as illegal immigrants. The cases against 19 of them were struck off the roll after they claimed to be juveniles, while the other cases were postponed to 06 September 2024 due to the lack of an interpreter.

Thereafter, he touched on the military camp identified in Limpopo on 08 August 2024. The Directorate of Priority Crimes Investigation (DPCI/Hawks) and PSIRA are currently dealing with the matter. At this stage, the Department has not been asked to join the investigation as it appears to only involve local persons.

DHA briefing on the citizenship of the former Miss SA Contestant, Miss Chidimma Adetshina
Adv. Constance Moitse, Deputy Director-General: Counter Corruption and Security, took the Committee through the presentation. On 05 August 2024, the organisers of Miss SA sent the DHA a request to verify the citizenship of Miss Chidimma Adetshina. Upon receiving the request, the DHA established a team to investigate the births for both Ms Adetshina and her mother.

Thus far, the Department has found prima facie (on first impression) evidence of fraud and theft by the person recorded in Home Affairs records as Ms Adetshina’s mother. The woman whose identity is said to have been stolen was born in Tshwane in 1982. In 1995, she applied for an identification document (ID). Three months after the application, she returned to Home Affairs to collect the ID. When she arrived, she was told that her ID was issued at a Johannesburg office she had not applied for.

When she went to register her child at Home Affairs, after giving birth in 2001, she discovered that there was a child registered under her ID number. That child was Ms Adetshina. She had to wait months before she was given a new ID number. Ms Adetshina could not have participated in the alleged unlawful actions as she was an infant at the time.

As part of its investigation, the Department visited the address listed for Ms Adetshina’s mother and that of the lady whose ID was stolen. The information shared by the family of the lady whose ID was stolen in Tshwane matches the details contained in the DHA’s records. The Department’s chosen course of action on Ms Adetshina’s mother depends on her response to the Promotion of Administration Justice Act (PAJA) letter she received on 07 August 2024.

The Department has identified three officials who registered the birth at Home Affairs, one of which has since passed on. The investigation is at an advanced stage and now includes the Hawks.

After the presentations concluded, the Chairperson opened the floor for discussion.

See attached for the various presentations

Discussion
Ms NJ Bollman (DA) attested to the benefits of the DHA transitioning to a digital system, given that she worked for SARS when it had done so.

She asked various questions on how the Department, and the JCPS Cluster as a whole, sought to manage the risk posed by these institutions providing military training; what the name of the DIRCO official alleged to have issued the visas; whether they were properly trained to do their work, and when DIRCO would provide the DHA with an update on its findings; whether the alleged theft of the SA woman’s ID was reported to the Department, and if so, what action was taken; why it took 23 years for the matter to come to the surface; what the legal status of Ms Adetshina is; what evidence the Department found which suggested that fraud and identity theft were committed in registering her birth; whether the DHA has made attempts to trace and identify the person registered as the mother of Chidimma, and the involved officials accused of being involved; what steps has the Department taken to resolve the matter, and if criminal charges had been laid against any parties involved.

Ms Modise-Mpya said that it was obvious that the sooner the Department dealt with its digitisation project, the better, as there were glaring gaps in the security of the system. She asked about the progress made in implementing the Automated Biometric and Identification System (ABIS).

She was displeased to hear that the good work done by the BMA at POEs was not continued in the monitoring of visiting foreign nationals in the country. Given the security lapses, she stressed the need for the JCPS Cluster to prepare a report for the Committee that shows how the activities of international visitors to the country are monitored. Also, she was surprised to hear that the Department had to receive a tip from the community on the presence of the Libyans in the military camp, and not from the intelligence services.

She asked what steps the Department will have to take to discipline the officials identified for wrongdoing in allowing the Libyans to enter the country; what their status is; whether they still have access to the Department’s systems; how long the investigation process will take, and the length of time it usually takes to come to a conclusion. In the past, the DHA would spend large sums on legal fees as dismissed officials often took them to court.

She felt that certain provisions of the Immigration Act had to be amended, especially those that relate to the rights of foreign nationals. Now, foreign nationals who are found to have been involved in wrongdoing are given too many rights, allowing them to take matters to court.

Mr Thring appreciated the Minister’s decision to share this information first with the Committee and not through the media. The Committee supports the Minister’s call for the Department to digitise, as it is crucial to safeguarding the integrity and security of the institutions and of the citizens. Failure to do that would be a failure to uphold the constitutional prerogative of keeping citizens safe.

He asked the BMA why it restricted the period of analysis of the entrance of Libyans into the country from January to August 2024, and why it did not expand further to two, three years back, so that it could get a better sense of what is happening. In addition, he asked what the status and condition of the 16 SAns found at the Limpopo training camp was, and whether the DIRCO official who was allegedly involved in the processing of fraudulent visas in Tunis was working alone.

He expressed his concern about the lack of intelligence work to identify the military camp, like the July 2021 civil unrest, which was an indictment on the JCPS.

Mr Roos congratulated the Minister for the steps the Department has taken to address fraud and identity theft in the short-term. Since the tabling of the Lubisi report, the Committee has stressed the importance of modernising the Department’s systems. The report also went into detail on the corrupt syndicates working in the Department for many years, and how the lapse in the systems allowed officials involved to get away with wrongdoing. Even though many of those implicated in the report still work there, at least something is being done.

In its 2018 report, he recounted that the Auditor-General (AG) spoke about introducing a central adjudication hub. He asked if the Department has considered introducing the hub, considering how long it will take to digitise the processes.

It was not the first time the Committee witnessed foreign nationals being illegally smuggled into the country. There was a report in the media once which showed how smugglers and traffickers utilise 30 routes into the country, both on land and maritime. On these two points, he asked what the correlation was between the smuggling routes and identified vulnerable areas (mostly near the border fences) around the country’s POEs, and how the Department planned to work with the Department of Defence (DoD) to secure those vulnerable areas.

He called for the Department to provide better oversight on the movement of peoples into the country, and over spaza shops.

Ms S Khojane (PA) asked several questions, the initial ones centred on what the Department would do to ensure the digitised system would not be susceptible to hacking by syndicates, and if it could provide the Committee with a report on what transition has been like in other countries and how they utilise the system; what sort of jobs the digitisation project will create, and what skills would be required; what the Department will do to make the system accessible to as many people as possible.

The next set of questions focused on: how often the JCPS Cluster conducted security assessments before conducting raids, how often such raids were conducted, and on what basis; what motivated the SAPS to pursue charges against the 95 Libyans, what those charges were, and why it decided to rescind them; how the individuals were able to claim to be juveniles; why the Department was not asked to form part of the joint investigation into the camp in Limpopo.
 
Thereafter, she asked for clarity on whose mother was being referred to in the presentation of the individual born in 1982; whose birth was registered in Tshwane; who applied for their ID in 1995; who collected that ID; what was the information received from the family that matches with the stolen ID; what the nature of the PAJA letter she received on 07 August; the type of responses available to the mother, and what the implications of each will be.

The Chairperson said the Minister’s statements touched on the issues raised by the Committee in its Legacy Report. On several occasions, the Committee has raised concerns about the issues flagged in the Lubisi Report.

He asked why the SAPS had withdrawn the charges against the Libyan nationals.

He stressed that it was imperative that the Committee, Department and rest of the JCPS Cluster, and communities work together to identify and uproot corruption. Related to this, he asked what the probabilities were that the Department and LEAs would find more military camps in the country.

It seemed that the DIRCO officials deliberately sought to illegally grant the Libyan officials visas to enter the country. He asked what actions were being taken by the Department to tackle such instances of corruption.

He asked that the Department carefully distinguish between punishing an official who has been found to have committed a wrong, and retraining an official who has made a genuine error.

During an engagement with the Council for Scientific and Industrial Research (CSIR), the Committee resolved to invite the DHA to go through the progress made with the digitisation project. He asked for an update on the progress of the ABIS project so far.

The Committee plans to move with speed in processing the Immigration Amendment Bill and the White Paper on Citizenship, Immigration and Refugees. He believed that doing so would assist in resolving many of the issues faced by the Department.

Mr Makhode indicated that the Department, in the affidavit it submitted to the court, argued that the banks were likely to lose R17 billion if the Department was not cautious with its plan to block IDs, as some people may have claims to SA identity.

Regarding the digitisation project, he said that the advent of the Fourth Revolution has forced the Department to embrace digitisation. Many of its records are being digitised through the digitisation project funded by the Presidential Stimulus Programme – a detailed briefing on this will be given at some point.

More critically, the Department needs to embrace data analysis in its work to pick up trends. The Department has made strides in doing so, as its counter-corruption unit has a team of data analysts that study trends of corruption.

On whether the DIRCO official was working on their own when processing the visas, he asked for the Committee to allow the investigation team to conclude its investigation before any pronouncements are made.

Regarding the disciplinary steps being taken against DIRCO, he mentioned that, as the employee works for DIRCO, the preferred action will have to be taken by that Department and not the DHA.

On how the Department managed such risks, he said the DHA has a risk engine where it can pick up glaring discrepancies in the travel documents of certain travellers, and it also has a standing memorandum of understanding with the International Criminal Police Organisation (INTERPOL) on undesirable individuals.

Touching on why the SAPS withdrew the charges, he asked that the question be addressed to the SAPS and not the Department. During his briefing at the military camp in Mpumalanga, the SAPS Commissioner reported that none of the complainants laid a complaint to the police regarding the presence of the 95 Libyans.

He stated that the President signed a proclamation for the Special Investigating Unit (SIU) to investigate the CAJV, which is an institution that the Department shares a close relationship with.

On the wish that the good work done by the BMA at the PoEs could be carried through in monitoring travellers in the country, Dr Masiapato said that it was unfortunate that the BMA’s work ended at the PoE. The monitoring of travellers in the country is done by the Immigration Inspectorate, which is the law enforcement team within the Department. However, the Inspectorate is facing capacity strains, as it only has 600 officials across the country. He stressed the need to capacitate it.

Regarding the question of why the BMA restricted the period of analysis of the entrance of Libyans into the country from January to August 2024, he explained that the report indicated that the 95 Libyans were suspected to have entered from April onwards.

In response to the question on what the correlation was between the smuggling routes and identified vulnerable areas, he outlined that the vulnerable areas were Lebombo, Beitbridge, Oshoek, Makhaleng Bridge and Sepapus Gate, as they have the highest level of illegal migration and movement of illicit goods. Some BMA guards were deployed near the harbours, as they are also vulnerable to the same two risks. An additional 400 BMA guards have been taken to the Botswana border.

More investment was needed at the border areas, in the Advanced Passenger Processing (APP) system, and in the regional and port targeting centres so that the BMA could pick up irregularities.

On how the Department planned to work with the DoD to secure those vulnerable areas, he highlighted that Section 5 (c) of the Border Management Act requires the BMA to coordinate its work with the South African Defence Force, SAPS and SARS.

He clarified that there was no breach at the ports. The Libyan nationals arrived in the country with the required documentation, including valid visas.

On what action would be taken against the officials accused of wrongdoing, he stated that the BMA officials had not been responsible for the wrongful entry of the Libyan nationals.

Adv. Moitse mentioned that the Department sought a legal opinion on the status of Ms Adetshina.

On what evidence the Department had to prove its claim of identity theft, she said that the Department has evidence from the Department of Health, municipal records, and from its own archives, which point to the real individual whose identity was stolen. At some point, Ms Adetshina’s mother did not answer the Department’s phone calls, which required that it visit her home. Upon arrival, the Department was referred to her lawyers. Since then, it has communicated with her through them.

Referring to the investigations of the DHA officials responsible for issuing the stolen ID, she stated that the Department was with the DPCI on the investigations, which are at an advanced stage. The officials responsible are still in the Department. Usually, it takes 90 working days to conclude the investigations. However, given the status of the case, the Department has decided to conclude them before then.

She clarified that slide three of the presentation referred to the real holder of the South African ID, who, when she returned to Home Affairs to collect her ID, was told that it had already been collected. The documents she used to apply for the ID were found in the DHA’s archives.

Adv. Phelelani Khumalo, Chief Director: Legal Services, DHA, confirmed that the Department has sought legal opinion on Ms Adetshina’s status. If the registration of her birth is found to have been fraudulent, her ID will have to be cancelled. However, she would qualify to apply for a Section 43 of the Act, assuming she was indeed born in the country and her birth was registered in terms of the Birth and Registration Act.

The cancelling of her ID may render her stateless, depending on whether she has Mozambican or Nigerian citizenship.

Mr Sigama, on why the criminal charges were withdrawn against the Libyan nations, explained that criminal cases require that proof beyond reasonable doubt is provided, which takes time to construct. Whereas a deportation is a penalty. Once a person is deported, they are prohibited from returning to the country, unless they lodge an appeal to the Director-General after a four-year rehabilitation programme and are successful. A deported individual is also green-listed.

On how the individuals were able to classify themselves as juveniles, he explained that, if during a court process a person indicates that they are a minor, there is an obligation for them to be referred to the DSD for an assessment so that it can confirm whether the individual in question is a minor or not.

Regarding why the Department was not involved in the investigations into the alleged military camp in Limpopo, he said there was no need for the DHA to conduct verifications, as the two individuals found there were SA citizens.

A DHA official said the Department has two types of duplicates it manages. One refers to an instance where a person has more than one ID, and the other is where two people share an ID. In the joint investigation with the Hawks into Ms Adetshina’s legal status, the Department found that two people shared the same ID. Upon checking the archives, the DHA found limited documentation on acquiring the second ID, so an investigation was instituted. At the moment, the DHA has handed over the documentation of the alleged fraudster and real mother and is awaiting the finalisation of the investigation.

Mr Njabulo Nzuza, Deputy Minister of Home Affairs, was pleased that the Committee agreed with the Department on the need to urgently digitise Home Affairs, so that instances of improper conduct – as was seen during the issuing of visas to the 95 Libyan nationals – human error, or corruption, can be eliminated. Lack of training was not the issue in the case of the DIRCO official who issued the visas, as all the officials were trained.

Internal controls must be implemented for the new digital system to be effective. These controls are being tested in the rollout of the ABIS system. However, more resources will have to be committed for the Department to fully realise its digitisation project. He was pleased to hear that the Committee would soon meet with the NT to discuss additional funding.

The alleged fraud committed by Ms Chidimma was done when green ID books were being issued. He pleaded with the Committee to take note that the Department is conducting investigations with the intention of arresting and prosecuting those accused of wrongdoing. In doing so, the Department must follow the proper legal processes, as alleged criminals use different types of warfare to avoid accountability.

Minister Schreiber stressed the DM’s point on the importance of the DHA following the rule of law when embarking on these processes.

In his view, the Department had to integrate the workflow and adjudication engine into one system. This would investigate how to improve decision-making and adjudication, whilst insulating them from human discretion and interference. The Department must also address the large 60% vacancy rate in the Department to plug the gap in the meantime until the new digital system is fully operational. Digitisation will also ease the pressure on the Home Affairs’ offices, freeing up space for those who cannot use the online application process.

The Chairperson said that the Committee took note of all the reports presented in the meeting. He requested that the Ministry return at the end of October to present a comprehensive progress report from the established multidisciplinary task team. In addition, he asked for the DHA to present a report to the Committee on the progress of its digitisation project sometime in October.

While he acknowledged the long road ahead to conclude the digitisation process and resolve the outstanding challenges, he believed that the collective efforts between the Committee and DHA will succeed and demonstrate what can be done to South Africans.

He informed the Department that the Committee would soon conduct an oversight visit at its offices, as well as those of the BMA, Government Printing Works, and the IEC, alongside the NT.

The meeting was adjourned.