Question NW1969 to the Minister of Home Affairs
23 September 2021 - NW1969
van der Merwe, Ms LL to ask the Minister of Home Affairs
(1)Whether the investigations of his department have revealed the officials who aided and abetted the escape of a certain person (name furnished); if not, what is the position in this regard; if so, what are the relevant details; (2) what steps is his department taking to identify departmental officials who aid and abet illegal migration either through (a) selling of fake and/or duplicate documents and/or (b) taking bribes in particular at the border posts?
Reply:
1. No Department officials have been identified as aiding and abetting the escape of the identified individual.
2. Under section 49 (5) of the Immigration Act, 2002, any public servant who provides false or intentionally inaccurate or unauthorised documentation or benefit to an illegal foreigner, or otherwise facilitates such illegal foreigner to disguise his or her identity or status, or accepts any undue financial or other consideration to perform an act or to exercise his or her discretion in terms of this Act, shall be guilty of an offence and liable on conviction to imprisonment not exceeding eight years without the option of a fine: provided that if such public servant is employed by the department , such office shall be punishable by 15 years without the option of a fine.
END