Report of the Portfolio Committee on Home Affairs on its activities undertaken during the 4th Parliament (May 2009 – March 2014), dated 11 March 2014.

Key highlights

1. Reflection on committee programme per year and on whether the objectives of such programmes were achieved

The Portfolio Committee on Home Affairs (referred to as the “Committee”) conducted oversight visits to Gauteng, Limpopo, Free State, Mpumalanga, North West, Kwazulu-Natal, Western Cape and Eastern Cape Provinces in the 4^th Parliament. The focus was on the ports of entry, refugee reception offices and offices of the Department of Home Affairs (DHA). During the 4^th Parliament, the Northern Cape was not visited. Part of the oversight visits included checking on the state of readiness for South Africa to host the FIFA Soccer World Cup in 2010. The Committee, together with other committees, participated in a coordinated oversight visit to all the FIFA World Cup host provinces.

As part of the Home Affairs Modernisation Programme, the DHA introduced the ID Smart Card (referred to as the “Card”) in 2013. The Card will replace the green bar coded ID book. Members of the Committee applied and received their Smart Cards in October 2013 as part of the initial roll out. The green bar-coded ID book will be phased out within the next 6 to 7 years. The Card will also be used for National and Provincial elections in 2014.

The Committee amended several pieces of legislation namely; the Citizenship Amendment Act 17 of 2010, the Births and Deaths Registration Amendment Act 18 of 2010, the Refugees Amendment Act 12 of 2011, the Immigration Amendment Act 13 of 2011 and the Electoral Amendment Act 18 of 2013.

The major highlight on the Refugees Amendment Bill was that asylum seekers now have five days to present themselves to the nearest Refugee Reception Offices. In addition allowance was made for the intention to move Refugee Reception Offices closer to the border borders to make it easier for applicants to apply for asylum status.

The requirements for registration of births to take place within 30 days was the major highlight of the amendments to the Births and Deaths Registration Act. This will ensure that the National Population Register is not as easily contaminated due to the elimination of the frequently abused Late Registration of Births (LRBs).

The Electoral Amendment Act was introduced in 2013 and one of the major changes was to allow South African citizens living abroad to vote in national elections, starting from the 2014 elections. In addition those individuals who will be outside their provinces will be allowed to vote elsewhere but only for the National Assembly. Allowance for those unable to vote on the voting day were also made more inclusive.

2. Committee’s focus areas during the 4^th Parliament

2.1. Modernisation Programme of DHA

The DHA introduced the Smart ID card in 2013. The Smart ID Card will replace the green bar-coded ID book. The committee thus emphasised and interrogated the importance of finalising the often delayed ICT integration process of the DHA. Unfortunately due to time constraints, the Committee was not able to visit the Government Printing Works (GPW) head offices in Gauteng in 2013 to the see the new passport and ID Smart Card printing machines. GPW had acquired a new passport machine during the 4^th Parliament. Whilst in Gauteng, the Committee also planned to visit DHA head office, the Electoral Commission (IEC) and Film and Publications Board (FPB). The Committee should prioritise visiting these entities in the 5^th Parliament.

2.2. Duplicate cases

Duplicate cases make it difficult for South African citizens to bury the deceased if their ID numbers are duplicated. Duplicate cases are instances where one person has two ID numbers or where two persons share an ID number. The Committee persistently pursued this issue in order for it to be resolved. The DHA has repeatedly published names of people who had duplicate cases to avail themselves to the department for this to be resolved. Very few people came forward and outstanding cases are being prioritised and investigated. The on-going modernisation of the ID application process and smart card has been noted by the committee as a means of preventing such issues.

2.3. Late Registration of Births (LRBs)

The DHA introduced an amendment to the Births and Deaths Registration Amendment Act to ensure that births are registered within 30 days after delivery. This has reduced the number and backlog of late registrations noted as of concern by the Committee and thus the abuse of this method as an illicit means of getting access to South African Documents has also fallen.

3. Key areas for future work

3.1. Ensuring that the Modernisation Programme is completed.

3.2. The movement of the Refugee Reception offices closer to the land borders or interim measures if this process is delayed.

3.3. Visit by the Portfolio Committee to ports of entry and offices of the Department of Home Affairs in Northern Cape and more offices in the Western Cape Provinces.

3.4. Monitoring the implementation of the legislation that was passed during the 4^th Parliament.

3.5. Roll out of the Live Capture for the ID Smart Cards and Passports in all offices.

3.6. Cooperation between the DHA and Department of Public Works (DPW) in acquiring offices and border post accommodation for the DHA and finalising facilities for the GPW.

3.7. The filling of vacant funded posts by DHA.

3.8. The Committee should learn more on issues of regional integration as it relates to immigration on the African continent and on fast facilitation of recruitment of scarce foreign skills from other parts of the world.

4. Key challenges emerging and Recommendations

4.1. Ensure the securing of the land and coastal borders in order to deal with illegal migrants.

4.2. Pursue the DPW on not providing adequate and expedient offices to the DHA and GPW.

4.3 Monitor ongoing cases of Identity and other forms of fraud committed by Home Affairs officials.

4.4. Ensure that Refugee Reception offices are moved to border posts or alternative facilities as soon as possible.

4.5. The DHA should better monitor and manage migrants within the country. For instance the department has regularised Zimbabweans who are in the country illegally. The regularisation of other nationalities in South Africa, needs to be addressed.

1. Introduction

1.1 Department/s and Entities falling within the committee’s portfolio

a) Department of Home Affairs

Core mandate/strategic objectives:

The efficient determination and safeguarding of the identity and status of citizens and the regulation of immigration to ensure security promote development and fulfil our international obligations.

b) Entities:

Name of Entity	Role of Entity
Electoral Commission (IEC)	The Electoral Commission is one of the Constitution’s Chapter 9 state institutions in support of constitutional democracy. The primary responsibility of the Commission is to manage elections and to establish and maintain the national common voter’s roll. Additional functions of the Commission are described in section 5 of the Electoral Commission Act, 1996.
Government Printing Works (GPW)	The Government Printing Works provides stationery related items to government departments, provincial governments and local authorities. GPW also provides related services to other African countries, such as printing high security documents for Namibia, Malawi and Swaziland and ballot papers for the Tanzanian government.
Film and Publication Board (FPB)	The Film and Publication Board is a statutory body established by the Film and Publications Act (1996). The Act regulates the creation, production, possession, exhibition and distribution of films, interactive computer games and publications. The board is also responsible for monitoring adult premises.

1.2 Functions of committee:

A parliamentary committee is mandated to:

· consider legislation referred to it;

· exercise oversight over the respective government department and its entities;

· consider International Agreements referred to it;

· consider the budget vote of the allocated Department;

· To facilitate public participation in its processes;

· facilitate appointments to statutory bodies;

· Consider all matters referred to it in terms of legislation, the Rules of Parliament or resolutions of the House.

1.3 Method of work of the Committee

In preparations for scrutinizing of the DHA’s Annual Report, in addition to visiting provinces and engaging with DHA management at Parliament, the Committee also invited Provincial Managers of the DHA to present reports on the state of their provinces each year. This method helped the Committee to understand particular challenges faced by each province. These challenges were thus also raised by the Members of Parliament to the DHA when the Annual Reports, Budget and Strategic Plans were presented to the Committee each year. The Committee as mentioned visited 8 out of the 9 provinces during the fourth parliament. The Committee also facilitated the amendment of 7 pieces of legislation including the required engagement of stakeholders through written and oral submissions.

1.4 Purpose of the report

The purpose of this report is to provide an account of the Committee’s work during the 4^th Parliament and to inform the members of the 5th Parliament of key outstanding issues pertaining to the oversight and legislative programme of the Department of Home Affairs and its entities.

This report provides an overview of the activities the Committee undertook during the 4^th Parliament, the outcome of key activities, as well as any challenges that emerged during the 5 year period under review and issues that should be considered for follow up during the 5^th Parliament. It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the related Committee’s oversight and legislative roles in future.

2. Key statistics

The table below provides an overview of the number of meetings held; legislation and international agreements processed; number of oversight trips and study tours undertaken; as well as any statutory appointments by the committee during the 4^th Parliament:

Activity	2009/10	2010/11	2011/12	2012/13	2013/14	Total
Meetings held	13	28	32	34	40	147
Legislation processed		3	2		2	7
Oversight trips undertaken	1	3	2	2		8
Study tours undertaken				1		1
International agreements processed	1					1
Statutory appointments made			Appointment of the Electoral Commissioners		Some members part of ad hoc committee on filling vacancies at the electoral commission	2
Interventions considered						N/A
Petitions considered						N/A

3. Stakeholders:

These are some of the stakeholders that the Portfolio Committee interacted with during the 4^th Parliament:

· United Nations High Commissioner for Refugees (UNHCR)

· Law Society of South Africa (LSSA)

· Citizenship Rights Africa Initiative (CRAI)

· Commission for Gender Equality (CGE)

· People Against Suffering Suppression, Oppression and Poverty (PASSOP)

· Edward Nathan Sonnerbergs

· Deloitte and Touche

· PricewaterhouseCoopers (PWC)

· Forum of Immigration Practitioners of South Africa (FIPSA)

· University of Cape Town Law Clinic

· African Centre for Migration and Society(ACMS)

· Centre for Development and Enterprise

· Consortium for Refugees and Migrants in South Africa (Cormsa)

· AfriForum

· Lawyers for Human Rights (LHR)

4. Briefings and/or public hearings

The following are issues that were focused on by the committee in briefings and public hearings that need to be followed up:

· Closure of the Refugee Reception Offices and moving them closer to the land borders.

· Modernisation Programme of the Department of Home Affairs.

· Filing of priority and vacant funded posts.

· Obstacles encountered with the Department of Public Works in the acquisition of new offices of the Department of Home Affairs and GPW.

· Duplicate cases of Identity Documents.

· Finalisation of the Regulations related to the Immigration and Refugees Amendment Bills.

· Phasing out of Late Registrations of Births (LRBs)

5. Legislation

The following pieces of legislation were referred to the committee and processed during the 4^th Parliament:

Year	Name of Legislation	Tagging	Objectives	Completed
2009/10	No legislation
2010/11	The South African Citizenship Amendment Bill [B17-2010]	Section 75	To amend the South African Citizenship Act, 1995, so as to substitute, insert or delete certain definitions; to revise the provisions relating to acquisition or citizenship by birth, descent and naturalisation; to repeal or to substitute certain obsolete references; and to effect certain technical corrections; and to provide for matters connected therewith.	16 November 2010
	The Births and Deaths Registration Amendment Bill [B18 – 2010],	Section 75	To amend the Births and Deaths Registration Act, 1992, so as to substitute, insert and delete certain definitions; to revise provisions relating to the registration of births; to revise provisions relating to amendments of birth registration; to provide for the designation of funeral undertakers; to make provision for the recording of adoptions; to revise the provisions relating to secrecy of records obtained under this Act; to clarify provisions relating to the making of regulations; to repeal certain sections; and to provide for matters connected therewith	17 September 2010
	The Local Government: Municipal Electoral Amendment Bill [B27-2010]	Section 75	To amend the Local Government: Municipal Electoral Act, 2000, so as to supplement provisions relating to the election timetable and insert a related Schedule to the Act; to amend provisions relating to nomination of candidates; to provide for central payments of deposits by a party which contests election in more than one municipality; to empower presiding officers to alter boundaries of voting stations, if necessary; to revise provisions relating to number of party agents at a voting station; to clarify the rights and responsibilities relating to assistance to certain voters; to provide for special votes and the procedure related thereto; to enhance the powers and functions of the Electoral Commission and the Electoral Court in relation to the determination and declaration of the result of an election; to provide for further regulation of objections material to the result of an election; and to provide for matters connected therewith.	22 October 2010
2011/12	The Refugees Amendment Bill [B30-2010]	Section 75	To amend the Refugees Act, 1998, so as to amend, insert and delete certain definitions; to clarify how applications for refugee status rejected as manifestly unfounded and unfounded must be dealt with; to empower the Director-General to establish the Status Determination Committee; to revise the provisions relating to withdrawal of refugee status; and to provide for matters connected therewith,	20 June 2011
	The Immigration Amendment Bill [32-2010]	Section 75	To amend the Immigration Act, 2002, so as to substitute certain words of the Preamble to the Act; to delete, insert or substitute certain definitions; to revise provisions relating to the Immigration Advisory Board; to revise provisions relating to the making of regulations; to provide for the designation of ports of entry; to revise provisions relating to visas for temporary sojourn in the Republic and for the procedures with regard thereto; to provide for the mandatory transmission and use of information on advance passenger processing; to provide for the transmission of passenger name record information; to revise provisions relating to permanent residence; to revise penal provisions; to correct certain important technical aspects in the text of the Act; and to provide for matters connected therewith.	20 June 2011
2012/13	Electoral Amendment Bill [PMB2-2013]	Proposed Section 75	To amend the Electoral Act, 1998, to amend the manner in which voters who are absent from their voting districts can vote; to provide for the institution of constituencies for the National Assembly; to provide for the demarcation of such constituencies; to provide for the method of election of members of the National Assembly from such constituencies; and to provide for matters incidental thereto.	July 2013
2013/14	Electoral Amendment Bill [22-2013]	Section 75	To amend the Electoral Act, 1998, so as to amend and insert certain definitions; to revise provisions relating to registration as a voter; to revise provisions relating to special votes in election for the National Assembly and provincial legislatures and the procedure related thereto; to revise provisions relating to the number of party agents at a voting station; to correct certain important technical aspects in the text of the Act; and to provide for matters connected therewith.	July 2013

a) Challenges emerging

The following challenges emerged during the processing of legislation:

· The process of implementation of Acts is delayed through the lengthy process of finalising the related regulations.

b) Issues for follow-up

The 5^th Parliament should consider following up on the following concerns that arose:

· The DHA had significant delays in the development of the Regulations related to several Acts. Consideration of concurrent processing of regulations to ensure faster enactment of legislation should be considered by the DHA.

· An overarching Migration Policy has been discussed for many years but has not been finalised by the DHA.

6. Oversight trips undertaken

The following oversight trips were undertaken:

Date	Area Visited	Objective	Recommendations	Responses to Recommendations	Follow-up Issues
2 February 2010	Western Cape: Cape Town International Airport	To check the readiness of the Airport for 2010 FIFA World Cup	The Department of Home Affairs should fill posts that are vacant. The Department of Tourism should consider being included in the Border Coordinating Committee (BCOCC). All stakeholders should be included when construction takes place at the airport.	Posts prioritised at airports in preparation for World Cup and staff seconded. None, since role of Tourism not considered as significant enough. Airport Upgrades include stakeholder offices	Engage BCOCC on tourism
5 – 10 April 2010	Johannesburg, Durban, Port Elizabeth, Rustenburg, Bloemfontein, Polokwane and Nelspruit	To check the readiness of the host cities for 2010 FIFA World Cup	The turnaround of the DHA should not affect the programme of the National Immigration Branch (NIB) during the World Cup.	Efficient Services by DHA immigration reported by FIFA
25 – 29 July 2010	Johannesburg and Pretoria	Ascertain the conditions of the Refugee Reception Offices and Lindela Repatriation Centres. Pay a courtesy call to the Offices of the Electoral Commission and the Film and Publication Board, and the Ministry of Home Affairs.	Fill vacancies at the Lindela and Refugee Reception Offices. Separate the toilets between men and females at Lindela. Two men from Botswana wanted for murder should be deported Improve public relations on what refugees are. Increase the number of Appeals Board members and decentralize it to the Refugee Offices. Employees dismissed for corruption should also be charged criminally. Docu-trek filing system should be rolled out to all the refugee offices.	Some but not all posts filled. High staff turnover. Unable to deport men since they face death sentence in Botswana and this is against South African Constitution PR budget allocated. Refugee Act amended to allow some decentralisation. Jurisdiction and legal capacity of DHA insufficient to pursue perpetrators. Filing improved	Reassess vacancy rate at Lindela and Refugee Offices. Establish MOU with Botswana to prevent such issues. Ensure implementation of refugee Appeals Authority. Need government wide black list and MOU.
25 -29 July 2011 25 -29 July 2011	North West Province North West Province	Ascertain staff capacity in border offices and what positions need to be filled or created. Determine the quality and quantity of accommodation for officials at border posts. To check the implementation of the new queue management system and its impact on services. To check if there are sufficient facilities for the comfort of clients at the border posts. To ascertain if the new immigration monitoring system has improved service time and satisfaction. To monitor the impact on DHA of the handover of the responsibility for border monitoring to the South African National Defence Force from the SA Police Service. To assess the progress towards one stop border posts and other cooperation with neighbouring country immigration functions.	DHA should fill all vacant posts The government should deploy the South African National Defence Force (SANDF) along the borderline with an immediate effect. DHA should provide transport in all of its offices and the ports of entry. DHA should work with SARS to ensure that scanner at the Ramatlabama & Skilpadshek border posts are installed & functional. DHA should employ people with disabilities and the offices should be accessible to people with disabilities. DHA should provide passport live capturing machines in all offices. DHA should address the issue of duplicates identity numbers as matter of urgency. DHA should address the infrastructure issues at the Itsoseng, Ganyisa and Taung local offices. The suggestion box and complaints register should address the issue raised by members of the public.	Some but not all posts filled. High staff turnover. Rolled out over the period of 2 years. Limited budget and accidents mean that new vehicles are continually needed. Scanners to be repaired and fully operational. Cargo Scanners too expensive for small ports. Rate of persons with disability improving but insufficient applicants to reach required 2%. Roll out of live capture machines due to be completed in 2013/14. Improvements noted in 2012/13. This is done on an ongoing basis.	Reassess vacancy rate at Lindela and Refugee Offices. Monitor transport when engaging provincial managers. Continue to Monitor implementation of 2% target for disability. Check on meeting of national roll out of live capture targets. Assess nature and addressing of complaints. Check progress on one stop border posts
3 – 8 June 2012 3 – 8 June 2012 3 – 8 June 2012	Kwazulu - Natal Province Kwazulu - Natal Province Kwazulu - Natal Province	The objective of the trip is for the committee to exercise its oversight of the DHA with particular reference to ensuring that the DHA is offering efficient and effective service to the clients in its offices and ports of entry. The objective of the trip is for the committee to exercise its oversight of the DHA with particular reference to ensuring that the DHA is offering efficient and effective service to the clients in its offices and ports of entry. The objective of the trip is for the committee to exercise its oversight of the DHA with particular reference to ensuring that the DHA is offering efficient and effective service to the clients in its offices and ports of entry.	The Minister of Home Affairs to ensure: that all public health facilities including private hospitals were connected to register births within 30 days of delivery. All stakeholder forums were formed or revived in the province. That Richard’s Bay harbour has Immigration Officers and that increased staff are allocated at Durban harbour. New offices in Umumbulu, Kwa Ximba, Umlazi, KwaMashu, Izingolweni, KwaMbonambi, Dannhuaser, Utrecht, Nongoma, Pongola, Hlabisa, Indaka, Colenzo, Mbali, Edendale, Mkhambathini, Underberg & Donnybrook. The Minister of Home Affairs should ensure that: mobile offices were in working condition including being connected to finalised applications. Vacant funded posts at the ports of entry and offices of the DHA should be filled. The position of the Provincial Manager was also in an Acting capacity for a long time. Passport scanners at the ports of entry all working properly. In addition, the DHA should work closely with SARS to ensure that vehicle scanners were purchased, especially at Goleta Border post where there was movement of vehicles between Swaziland and South Africa. All border posts have sufficient vehicles in order to perform their duties. That the border posts had sufficient residential and office accommodation. The Minister of Home Affairs should ensure that: there was a clearance facility for the train station at Goleta border post. The employment of persons with disabilities was given a priority in all offices and ports of entry. The applications of Refugee Identity and travel documents & Outstanding asylum appeals were speeded up.	Continual process of roll out observed Continual process of roll out observed Staff seconded from other offices and budget for new appointments applied for. Progress reported by provincial manager in subsequent years New service provider appointed. 23 Immigration Officers, 8 Control Immigration Officers and 2 Assistant Directors appointed by 1st April 2013 Passport scanners rolled out to all border posts. Scanners to be repaired and fully operational. Cargo Scanners too expensive for small ports. Two new vehicles allocated. Matter tabled with the BCOCC and funds allocated for port infrastructure. Newly built accommodation acquired for staff and occupied. A Post of an office Manager and 12 posts for immigration allocated and officials who will resume their duties in Aug 2013. Rate improved to 1.25%. Difficulty in attracting applicants. Improvements difficult due to closure of other refugee reception offices.	Continued need for new offices to be monitored. Monitor state of Mobile offices in all provinces. Provincial manager still reported as acting in July 2013. Re-assess viability of cargo scanners at busy border posts with SARS. 7 more posts to be filled. Ensure new refugee centres are opened and appeals are expedited.
22 – 23 September 2011	Free State Province	The visit to the Free State Province was in preparations of the People’s Assembly
26 – 30 November 2012	Eastern Cape Province	To visit the offices of the DHA and the ports of entry

a) Challenges emerging

The following challenges emerged during the oversight visit:

· Many Provincial Managers and other key positions have been filled by acting managers, often for a number of years. Improved appointment procedures; delegation of appointments and capacity in national and provincial human resource management is an issue across many provinces.

· Progress by the Department of Public Works in securing and building facilities for current and new DHA offices is a concern for many provinces.

b) Issues for follow-up

The 5^th Parliament should consider following up on the following concerns that arose:

· Continue to enquire on the appointment of top management positions in provincial DHA structures.

· Continue to engage DPW on progress in securing and building DHA offices in Provinces.

7. Study tours undertaken

Only one study tour was undertaken as follows:

Date	Place	Objective	Lessons Learned	Report
16 – 26 March 2012	Russia, Moscow	Learn how best to integrate and attract highly skilled professionals into our country. Focus on immigration policy, particularly concerning asylum-seekers and border management. Learn how Russia manages the in and out flow of migrants. Broaden the global perspective and insight of the legislators through conduct of an international study tour in a country which shares many of the same challenges and demographics as South Africa.	The Russian Federation keeps track of refugees by recording their biometric features. This immigration system enables government to have all the necessary details about foreign citizens like age, gender and criminal records if any and level of education. This allows for better planning and utilisation of migrant skills. The Russian government has introduced laws to penalise employers who employ illegal migrants. The government protects the labour market by only recruiting highly skilled specialists, but also allowing a quota of unskilled labour per Russian province/state based on their needs. The legislation in the Russian Federation specifies the methods by which the government can attract skilled and highly qualified specialists including annual consultation with government ministries involved with labour and education. The families of the skilled professionals are entitled to work and study but they must still apply such permits. The Russian government has developed mechanisms to enable migrants to integrate into their society, such as to learn the Russian language and to respect the local culture and traditions. The migrants should know and follow the laws of the Russian Federation and this is ensured by creating special guidebooks for migrants. All immigrants to Russia have to undergo a health examination in order to qualify for permits. It is easier for refugees to obtain Russian citizenship than many other countries. A year after their refugee status had been recognised, foreign nationals and stateless people may apply for Russian citizenship. The refugees are exempted from many of the formal procedures required of other categories of foreign nationals. Residence permits are only obtained after they have applied for citizenship. Foreigners who open small shops in Russia have to ensure that the person who works in the shop is a Russian citizen. A foreign owner cannot work at the shop. Although this is sometimes evaded in that the owner ends up working behind the scenes, it has the potential to protect citizens working in the informal sector. The Russian Federation has developed an asylum-seekers policy which includes: · Temporary accommodation centres for asylum-seekers and rejected asylum seekers. · Being able to apply for refugee status while outside the Russian Federation, at the port of entry or within Russia at FMS offices. · Automatic provision of travel document to be able to travel outside the country. · Refugees being allowed to obtain employment, become entrepreneurs, and obtain social security and benefits like Russian citizens. · There is no necessity to apply for asylum for those who do not need it since it is relatively easy to acquire permits to legally enter the country particularly for short periods. · The Federal Migration Service has regional branches which are empowered to make decisions on asylum applications. They cooperate with the Border Guard of the Federal Service including training of staff on issues relating to asylum processes and procedures at the border. · There is a strong collaboration between the Federal Migration Service and various migrant communities including religious organisations to prevent conflict among citizens from occurring. There is also an established cooperation between the different national ministries, departments and NGOs on migration issues. · South Africa and the Russian Federation have signed a number of agreements such as the visa exemption agreement for diplomatic and official passports. During engagements between the delegation and Russian officials a request was made to extend visa exemptions to individuals travelling between the two countries since the two countries are members of BRICS. · During the meeting with Deputy Chairperson of the State Duma, there was a strong indication that the State Duma wants collaboration with the South African Parliament. The Speaker of the National Assembly and the Chairperson of the National Council of Provinces may consider making a follow up on this collaboration. · The Russian Federation is interested in forging cooperation with South Africa in the area of higher education. The focus areas could be in the area of Information Technology and IT security and establishing exchange programmes. The Portfolio Committee on Higher Education and the Department of Higher Education may consider making a follow up on this issue.	Adopted

a) Challenges emerging

Russia uses temporary accommodation centres for asylum-seekers and rejected asylum seekers, thus preventing undocumented persons from entering the country. Refugees are able to apply for refugee status while outside the Russian Federation, at the port of entry or within Russia at Federal Migration Offices, thus removing the need for separate refugee centres. Such a system could be considered in South Africa to reduce the abuse of the asylum seeker but would entail amendments to Refugee law, which would be costly and unlikely due to budget constraints.

b) Issues for follow-up

The 5^th Parliament should consider following up on the following concerns that arose: The Russian Federation is interested in forging cooperation with South Africa in the area of higher education. The focus areas could be in the area of Information Technology and IT security and establishing exchange programmes. The Portfolio Committee on Higher Education and the Department of Higher Education may consider making a follow up on this issue.

8. International Agreements: The following international agreements were processed and reported on:

Date referred	Name of International Agreement	Objective	Status of Report	Date of enforcement
5 November 2009	Agreement between the Republic of South Africa and the Government of the Kingdom of Lesotho on the facilitation of cross-border movement of citizens of the Republic of South Africa and the Kingdom of Lesotho, tabled in term of section 231 (2) of the Constitution, 1996.	Facilitation of cross-border movement of citizens of the Republic of South Africa and the Kingdom of Lesotho.	Report of the Portfolio Committee on Home Affairs on the Agreement dated 10 November 2009: The Portfolio Committee on Home Affairs, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Lesotho on the Facilitation of Cross-Border Movement of Citizens of the Republic of South Africa and the Kingdom of Lesotho, referred to it, recommends that the House, in terms of section 231 (2) of the Constitution does not approve the said Agreement because aspects of it need to be reconsidered and further briefings need to be obtained from the Department of Home Affairs.	The agreement was not approved by the Committee.

a) Challenges emerging

· The Southern African Development Community has a long overdue implementation of the Protocol on the Facilitation of Movement of Persons. This or a related migration Policy for South Africa and the Region have been planned and delayed by the DHA for a number of years and are required by the National Development Plan.

· The DHA has continued with the closure of Refugee reception Offices in Urban centres despite not opening new centres at the borders as planned and could thus fall into contravention of the United Nations and African Union Conventions on Refugees.

b) Issues for follow-up

• Continue to engage the Minister of Home Affairs and the DHA on progress on a National and Regional Migration Policy.

9. Statutory appointments

The following appointment processes were referred to the committee and the resultant statutory appointments were made:

Date	Type of appointment	Period of appointment	Status of Report
3 May 2011	Appointment of a Commissioner. The vacant post was as the result of the passing away of one of the judges who served as a Commissioner.	Seven (7) years	The report was adopted and a Commissioner was appointed
2012	Appointment of Commissioners	Seven(7) years	The appointment was made by an Adhoc Committee

a) Challenges emerging and Issues for follow-up

· None

10. Obligations conferred on committee by legislation:

As specified by section 5 of the Money Bills Amendment Procedures and Related Matters Act (MBAP) of 2009, the National Assembly, through its Committees, must annually assess the performance of each national department with reference to the following:

· The medium term estimates of expenditure of each national department, its strategic priorities and measurable objectives, as tabled in the National Assembly with the National budget;

· Prevailing strategic plans;

· The expenditure reports relating to such department published by the National Treasury in terms of section 32 reports of the Public Finance Management Act (PFMA.);

· The financial statements and annual report of such department;

· The report of the Committee on Public Accounts relating to the department; and

· Any other information requested by or presented to a House or Parliament.

A Committee must submit the Budgetary Review and Recommendation Report (BRRR) annually to the National Assembly which assesses the effectiveness and efficiency of the department’s use and forward allocation of available resources and may include the recommendations on the use of resources in the medium term.

The Committee must submit the BRRR after the adoption of the budget and before the adoption of the reports on the Medium Term Budget Policy Statement (MTBPS) by the respective Houses in November of each year.

All these obligations have been executed by the Committee.

a) Challenges emerging

· None

b) Issues for follow-up

· Ensure responses by the Minister of Home Affairs to issues raised in the relevant BRRR within 3 months of tabling each year.

11. Summary of outstanding issues relating to the department/entities that the committee has been grappling with

The following key issues are outstanding from the committee’s activities during the 4^th Parliament:

Responsibility	Issue(s)
Committee Secretary	Meeting with the new Regional Director of the United Nations High Commissioner Refugees
Committee Secretary	Oversight visits to the Northern Cape Province and Head offices of Government Printing Works as well as the IEC, FPB and DHA

12. Committee strategic plan

The Committee had strategic plans for 2009, 2011, 2012 and 2013. The strategic plan for 2010 was not done because the Committee participated in a coordinated oversight visits for the 2010 FIFA World Cup.