Title: OCR Document
Author: Readiris
Last saved by: PC10
Company: I.R.I.S.

RESEARCH UNIT: PARLIAMENT

12 June 2008

SUMMARY OF HOME AFFAIRS REVIEW (2004 - 2009)

1. BACKGROUND

The mandate of the Department of Home Affairs is to protect and regulate the interests of the inhabitants of the Republic of South Africa in terms of their individual status, identity and specific rights and powers. It is further authorised to promote a supportive service for the above.

For the Department to achieve these stated objectives, it has to implement the mandate as outlined above, as well as to fulfil the requirements of designated programmes. In 2004, the Department consisted of four programmes, namely, Administration, Services to Citizens, Immigration, as well as Auxiliary and Associated Services. However, between 2005 and 2009, the Department underwent a process of re-structuring its programmes, where existing programmes were merged, renamed or split.

Between 2005 and 2007, the Department consisted of three main programmes as it amalgamated Services to Citizen and Immigration into Delivery of Services. In the 2007/08 financial year it renamed two of its three programmes, namely Delivery of Services and Auxiliary and Associated Services, which became Civic and Immigration Services and Transfers to Agencies. By 2008 and 2009, the Department once again consisted of four programmes splitting the Civic and Immigration Services programme into two, namely, Services to Citizens and Immigration Services respectively. It should, therefore, be noted that while the Department underwent these internal programmatic changes, by 2007, it returned to the status quo of 2004. It would be of interest to establish the reason for the changes that were undertaken, which ended with the Department returning to its initial structure, and what the effects were in terms of disruption or improvement of service delivery, for example.

The Department notes that its focus on improving its immigration services stems from a need to improve its refugee and deportation systems, as well as procedures related to port control and foreign offices, as well as developing information technology (IT) applications for the advanced passenger information and profiling systems in preparation for the 2009 FIFA Confederations Cup and the 2010 FIFA Soccer World Cup. The passenger profiling and information systems, which allow airlines to send information on passengers to immigration officers, piloted during the 2009 Confederations Cup, will be implemented for the 2010 FIFA World Cup.

At this juncture it should be noted that no extensive effort will be made to study all the policy initiatives undertaken by the Department of Home Affairs. However, brief mention will be made of the Department's Turnaround Strategy, as it appears to playa central role in the Department's efforts to deliver on its mandate, as well as to improve on its services. Further a brief summary will be given of the legislation enacted, as well as, key issues for consideration by Parliament.

•	Turnaround Strategy 2004

The Department of Home Affairs embarked on an assessment of its status, in mid-2003. After consultations with staff and stakeholders, both locally and abroad, the Department presented its Turnaround Strategy for consideration as the key policy to assist with realigning its role. The Department would begin implementing the Strategy during the 2004/05 financial year, and it would consist of overhauling the Department's operating systems and technology; establishing a National Immigration Branch; and addressing backlogs when delivering civic services.

The Turnaround Strategy for the Department consists of three phases, of which the above was the outline of the implementation of the first phase. The objective of the second phase of the Strategy is to transform the Department into a modern, cost-effective service organisation, responsive to the needs of South African citizens, residents and visitors. The second phase will be concluded in 2009/10, and focuses on broad based changes, including improving the security of enabling documents and related services. To this end, the Department intends to develop a comprehensive policy and legal framework document. The Department also intends to implement specific projects, which include the launch of the electronic identification card, as well as a modern passport production facility in conjunction with the Government Printing Works.

The third phase of the Turnaround Strategy will be implemented during 2010/11, and is aimed at consolidating the changes initiated during the first two phases of the Department's Turnaround Strategy.

2. SUMMARY OF KEY CHALLENGES

The Department of Home Affairs is noted for facing numerous challenges over the years, especially those related to key support services. These included a need to improve its IT systems (especially as related to document management and security, for example ensuring the integrity of the National Population Register), procurement procedures, performance management and revenue management. In recognition, the Turnaround Strategy as outlined above was introduced to assist the Department to address some of the following issues:

•	Document management

Storage and safe-keeping of documents has been one of the challenges experienced within the Department. During a parliamentary oversight visit to Home Affairs regional offices in 2005, it was reported that number of uncollected identity documents at regional offices poses a risk in terms of fraud, as well as the fact that these documents are not stored in securely. In response, the Select Committee on Social Services recommended that the filing system in regional offices be computerised.

In 2007, the Department was reported to have a backlog of about 600 000 identity document (ID) applications and over 144 000 refugee applications. Moreover, there was a reported backlog of over 144 000 asylum applications.

•	Refugees

South Africa is a receiving country for immigrants from neighbouring countries due to sociopolitical factors in their countries of origin. However, in 2008, xenophobic attacks erupted. These were attributed to poverty, service delivery, attitudes, failure to patrol the borders and documentation challenges in the Department. As a result of the xenophobic attacks, the Department needed to address the issue, and therefore investigated how the Immigration Act might be used to grant temporary exemption from arrest and deportation. Further, the Refugees Amendment Bill [B11 B-2008] was drafted as another mechanism to address this matter.

•	Skills shortage or inadequate human resources capacity

The issue of human resources has been reported consistently by Department as a challenge, during the 5-year period (2004 - 2009). The issue of inadequate human resources or skills shortage impacts on the fulfilment of the Department's goals and priorities, since the new systems and re-engineered processes that it seeks to implement rely strongly on the availability of committed and skilled people to implement those (new) processes.

3. LEGISLATION ENACTED IN HOME AFFAIRS SECTOR5

•	South African Citizenship Bill [B 55 – 2003]

The South African Citizenship Amendment Bill seeks to bring the South African Citizenship Act, 1995, into line with section 20 of the Constitution as far as dual citizenship is concerned. It seeks to repeal the provision which allow the Minister to deprive a citizen of his or her citizenship for having used the citizenship of a foreign country to enter or depart from the Republic, or to enter or depart from the country which issued such passport or any other third countries. Instead, the Bill seeks to introduce a provision which imposes penalties on a citizen using a foreign passport to enter or depart from the Republic or utilising his or her foreign citizenship while in the Republic to gain an advantage or avoid a responsibility or duty.

•	Civil Union Bill [B26-2006)

The Bill provides for a civil partnership or marriage between two people of the same sex; and also recognises partnerships of two people in a permanent relationship, whether of a same sex or heterosexual nature, who does not wish to enter into marriage or a civil partnership.

•	Films and Publications Amendment Bill [B27f - 2006)

The Bill seeks to amend the Films and Publications Act (No. 65 of 1996). It provides for the establishment of a Films and Publications Council tasked with, amongst others, to review and report to the Minister on the functioning of the Films and Publications Board. Further, it provides for the composition, functions and management of the Board. The Bill also proposes the establishment of an Appeals Tribunal, instead of the existing Review Board.

•	Immigration Amendment Bill [B28-2006)

The Bill seeks to amend the Immigration Act (No.13 of 2002). The Bill seeks to introduce cross-border and transit permits (section 24 of the Act) as temporary residence permits referred to in section 10 of the Act. The Bill further seeks to increase the period for which an intra-company transfer work permit (section 19 of the Act) may be issued.

Further, it provides for the issuing of an appropriate permit to the spouse and dependent children accompanying the holder of a retired person permit. It further provides for the withdrawal of a permanent residence permit, if the holder has been convicted of an offence in terms of the Act.

•	Refugees Amendment Bill [B11B-2008)

The main objective of this Bill is to substitute definitions, provide for the alignment of certain wording of the Refugees Act (No. 130 of 1998) with the wording in the 1969 Organisation of African Unity (OAU) Convention and the 1951 United Nations (UN) Convention. Further, it seeks to align the Act with departmental and governmental policies on refugee matters. The Bill also provides for the establishment of the Refugee Appeals Authority, revision of procedures relating to refugee status determination, and rights of asylum seekers.

The Bill further provides that the Refugee Reception Office consists of at least one Refugee Status Determination Officer, who deals with the determination of applications for asylum. Further it proposes the dissolve the existing Standing Committee for Refugee Affairs and the Refugee Appeals Board, and establishes the Refugee Appeals Authority. The Bill further provides for the accountability of such Refugee Appeals Authority, tasked preparing an annual report on all its activities during a financial year, and on its financial position as at the end of that financial year. This annual report must be submitted to the Minister for tabling in Parliament.

The Bill further seeks to align the provisions of the Act with the provisions of the Children's Act (No. 38 of 2005), in that it provides that any unaccompanied child who is found under circumstances that clearly indicates that he or she is an asylum seeker and a child in need of care as contemplated in the Children's Act. Such child must be issued with an asylum seeker permit and must be brought before the Children's Court for the district in which he or she was found, to be dealt with in terms of the Children's Act. Furthermore, the Bill seeks to provide for any person with a mental disability that is found under circumstances that clearly indicates that he or she is an asylum seeker to be dealt with in terms of the Mental Health Care Act (No. 17 of 2002).

•	Marriage Amendment Bill [Draft BiII-200B]

The Bill seeks to amend the Marriage Act (No. 25 of 1961), by inserting and substituting certain words and definitions. The Bill also seeks to provide for the designation of ministers of religion and other persons attached to religious denominations or organisations as marriage officers.

4. OVERSIGHT ACTIVITIES IN THE HOME AFFAIRS SERVICES SECTOR

The following were key oversight issues, as dealt with by the Portfolio Committee on Home Affairs and Select Committee on Social Services during 2004 - 2009:

4.1 Portfolio Committee on Home Affairs

The following were some of the key issues considered by the Portfolio Committee on Home Affairs during the period under review.

•	Service Delivery

As part of its efforts to ensure better service delivery to the public, the Department embarked on a Turnaround Strategy, which it seriously began to implement during 2007. Further, the Department also embarked on a campaign to strengthen the security integrity of its official documents, with the plan to implement a smartcard during the 2008/09 financial year. The Department also intended, in terms of its mandate, to continue to update the Population Register and to ensure that it is migrated to a digital system.

•	Human resource constraints

The Department reported consistent personnel capacity constraints, which hampered satisfactory service delivery. As early as 2004, the Department noted that it operated with a vacancy of 1 600 personnel in its different offices.7 By 2005, the Department indicated that it suffered from chronic staff shortages. In an effort to alleviate this problem, the Department increased the allocation for compensation of employees, to meet the demand of filling vacant positions. Further, the Department employed 214 interns under the National Youth Service, as well as 374 unemployed matriculates.

•	Infrastructure

The Turnaround Strategy highlighted inadequate infrastructure which required repair and maintenance. It further indicated that the service delivery of the Department was constrained by centres that were not easily accessible to the communities they are required to serve, as many of them were situated at great distances. During the 2006/07 and 2007/08 financial years, the Department reported that 109 mobile units had been launched to reach remote areas of the country.

The Department reported that it launched a 24-hour client service centre during November 2004. The purpose of the centre is to allow the public, other Government departments and the private sector to make enquiries about progress with regard to applications.

•	Information Communication Technology (lCT)

The Department regarded Information Technology (IT) as a critical element for improving its service delivery. It invested in the Home Affairs National Identification System (HANIS) to improve the registration of citizens. It committed to implement its smart card system, which it views as a method that will improve identification as well as curb corruption. In this manner, access would be more readily available, as well as improving the integrity of the Population Register, as it will be more accurate and up to date.

In 2007, the Department reported that it provided hospitals with more than 100 online connections, to be utilised for the registration of births and deaths. The Department also implemented the Identity Document (ID) track-and-trace system at 254 offices in the nine provinces. It is viewed as a means to improve the availability and management of information.

In 2007, the Department initiated pilot projects at front offices in Tshwane, Polokwane, Durban and Mthatha to verify fingerprints online. The online verification system will enable the full use of HANIS, which will speed up several processes, improve security and reduce fraud. The Department indicated that the system would be fully operational during 2008.

Fraud and corruption

Over the years, the Department faced a number of instances of fraudulent IDs and marriage certificates. In dealing with issues of fraud and corruption within the Department, it was noted that the systems were being improved to ensure that the integrity of the documents are not compromised. Further, instances of fraud committed by staff within the Department were being investigated.

4.2 Select Committee on Social Services

•	Accelerating the implementation of the Turnaround Strategy

The Department reported that its Turnaround Strategy entails improving the Information Technology (IT) systems in the Department, finalising migration systems, providing training to staff on the new systems, implanting a new ID smartcard, and improving the speed of document delivery.

Further, ensure a more efficient and safe processing of records, the Department introduced the HANIS system prior 2004 (in 2000 to be exact) 12. HANIS is a national identification system that entails a population register, a means by which individuals can be identified and verified, and an ID document.

•	Intensifying the anti-corruption campaign by securing information technology (IT) systems to curb fraud

The Department reported in 2007 that it introduced a "track and trace" IT system,13 as a way of improving the efficiency and reliability of ID provision to all South African citizens, while combating the corrupt issuing of fraudulent documents. According to the Department, the system would allow departmental managers to trace, and if necessary, speed up the progress of an application for an ID document. This would be the case from the moment an application is lodged, through every stage of the process, until it is delivered to the applicant.

The system would also allow the Departments to make a significant impact on the fraudulent issuing of ID documents. By clearly identifying each official responsible for every step of the process, it would allow managers to find any departmental employee who substitutes photographs and sells IDs illegally, alters details on the central registry system, or creates fraudulent ID numbers.

This would also translate into an efficient and accurate production of documents for people who are eligible to access social assistance.

•	Improving human resource capacity

The Department reported high staff turn-over rates due to a high number of resignations in the Department. This challenge was consistently raised during the 3rd Parliament.

•	Need to improve infrastructure

In terms of infrastructure, the Department reported on the need to improve the state of some of its buildings.

5. ISSUES FOR CONSIDERATION BY THE 4TH PARLIAMENT

•	Turnaround Strategy

In respect of the Turnaround Strategy, Parliament should request quarterly progress reports on progress in the different areas. Further, Parliament should match achievements against the set targets, as outlined in the Strategy.

Specific focus areas for Parliament should include, progress with regard to implementing the HANIS, as well as when the ID smartcards will be piloted and rolled out (this process was initially been scheduled to occur in 2008).

•	Service delivery

The Department reported that 1 249 frontline staff were trained in customer management procedures by the end of 2007. Parliament should request the Department to make a presentation on its impact on service delivery.

•	Infrastructure

Parliament should request a briefing from the Department with regard to its infrastructure development programme. It should clarify the reports on the creation of centres for improved service delivery by the Department. It further should enquire about progress made in terms of service delivery and to what extent these centres have assisted.

•	Information Technology

The Department reported that despite the 100 online connections made at hospitals by the end of 2007, 12 million of the 17 million births, marriages and death records were not captured on the electronic document management system and were indexed manually.14 Parliament should enquire on progress made to integrate these documents. Further, the Department should indicate the expected date of completion of this project.

Parliament should also require the Department to present on the proposed set-top boxes and the integration of Government services via this devise once the Digital migration process is completed.

•	Refugees

Parliament should consider conducting oversight visits to all the refugee reception centres

•	Financial Reports

During the period under review, the Department received qualified opinions from the Auditor-General, as well as a disclaimer during 2007/08. Parliament should continue to monitor the Department's adherence to relevant legislation, as well as Treasury Regulations.

REFERENCES

Department of Home Affairs. 2007. Home Affairs Minister announces new management tool to tighten ID documents process. Media Statement, 21 May 2007. Retrieved from: http://www.home-affairs.aov.za/media releases. asp?id=400  

Department of Home Affairs. 2004. Department of Home Affairs Turnaround Strategy.

Kotze, A. 2009. Select Committee on Social Services Legacy Report. Parliament of South Africa, Cape Town.

Mathonsi, E. 2009. Portfolio Committee on Home Affairs Legacy Report. Parliament of South Africa, Cape Town.

National Treasury. 2009. Estimates of National Expenditure 2009.

National Treasury. 2008. Estimates of National Expenditure 2008.

National Treasury. 2007. Estimates of National Expenditure 2007.

National Treasury. 2006. Estimates of National Expenditure 2006.

National Treasury. 2005. Estimates of National Expenditure 2005.

Parliamentary Monitoring Group Portfolio Committee on Health & Select Committee on Social Services Reports. Retrieved from: http://www.pmg.ora.za/. 

Parliamentary Monitoring Group. 2003. Hanis project overview, 3 April 2003. Retrieved from: http://www.pma.ora.za/docs/2003/appendices/030401 hanis.ppt . Retrieved on: 11 June 2009.