Questions and Replies

Reply:

In my previous response I indicated that the Refugee Appeals Authority (RAASA) Backlog Project had 30 legally qualified members that were remunerated from the funding from the United Nations High Commissioner of Refugees (UNHCR). Unfortunately, the number of members decreased to 22 later. Due to limited funding received from the UNHCR, the Backlog Project is currently left with only 10 members as the rest of the members’ (12) contracts of employment were terminated in December 2023.

The future plan is to have two (2) RAASA members stationed at each of the five (5) Refugees Centres in the Republic at all material times. This will in essence go a long way in preventing the recurrence of further backlogs.

END

Reply:

The non-application of section 34(1)(b) of the Immigration Act, 2002 in some magistrates’ courts in the country commenced in February 2022, and not on the lapse of the court order on 29 November 2019.

1. The illegal immigrants who were not confirmed in court in terms of section 34(1)(b) were not released, but charged criminally as per the provisions of section 49(1) of the Immigration Act, 2002.
2. No person whose illegal status in the country has been verified is detained beyond 48hrs without appearing before a magistrate. Should it be clear that the court appearance will not be possible, the person is released before the end of that period. Therefore, no illegal immigrant is detained for up to 30 days without ever Appearing before a magistrate.

END.

Reply:

The percentage of deaths registered within 72 hours in each of the following years:

a) 2019: 67%

b) 2020: 68,90%

c) 2021: 66,48%

d) 2022: 65,79%

e) 2023: 66,36%

END.

Reply:

1. The Department has 17 visa categories. As of 31 January 2024, the total number of Critical Skills, Business, and General Work Visas that form part of the annual performance plan have no backlogs.

The delays and backlogs are on two visa categories, they are section 11 (6) and Section 18. They are for spousal and relative visas respectively. The department experiences challenges regarding the legitimacy of relationships being claimed or cited in the application. It must be noted that some foreign nationals take advantage and follow corrupt methods to legitimise themselves, family members, friends, and others. The backlog in this category is 41083.

Fraudulent marriages, marriages of convenience, and a special category of cohabitation are unfortunately on the increase. The department has to prove the legitimacy of these relationships as well as their notarial contracts.

It is widely known that the department does not have sufficient capacity such as immigration officers who have to be tasked in investigating the authenticity of such relationships. Without proving the authenticity of such documents the department will end up issuing visas to people who do not deserve to be in the country.

2. The backlog plan aims to work on and finalise both the old and new applications to avoid creating another backlog with the latest applications/workflow.

END

Reply:

(a)(b) the DHA has 17 visa categories. The other categories are Critical, and General worker's visas have no backlog, however, the Spousal visa category backlog stands at 41083, which is section 11 (6).

The delays and backlogs are on two visa categories, they are section 11 (6) and Section 18. They are for spousal and relative visas respectively. The department experiences challenges concerning the legitimacy of relationships being claimed or cited in the application. It must be noted that some foreign nationals take advantage and follow corrupt methods to legitimise themselves, family members, friends, and others.

Fraudulent marriages, marriages of convenience, and a special category of cohabitation are unfortunately on the increase. The department has to prove the legitimacy of these relationships as well as their notarial contracts.

It is widely known that the department does not have sufficient capacity such as immigration officers who have to be tasked in investigating the authenticity of such relationships. Without proving the authenticity of such documents the department will end up issuing visas to people who do not deserve to be in the country.

(c) The average waiting period is stipulated in the DHA Service Delivery Charter which is available online. For example, the turnaround time for PRP is 8 months.

(d) In terms of Section 11 (1) (a) of the Immigration Act, provides that

(1) A visitor’s visa may be issued for any purpose other than those provided in sections 13 to 24, and subject to subsection (2), by the Director General in respect of a foreigner who complies with section 10A and provides the financial or other guarantees prescribed in respect of his or her departure, provided that such visa’ may not exceed three months and upon application may be renewed by the Director General for a further period which shall not exceed three months.

Further, applicants that have applied for extensions that are under consideration by the Department remain legal in the country pending finalisation of their applications. This is in line with our legislative prescripts as passed by the legislature.

END

Reply:

(a) (b) The Department has 17 visa categories. As of 31 January 2024, the total number of Critical Skills, Business, and General Work Visas that form part of the annual performance plan have no backlogs.

The delays and backlogs are on two visa categories, they are section 11 (6) and Section 18. They are for spousal and relative visas respectively. The department experiences challenges concerning the legitimacy of relationships being claimed or cited in the application. It must be noted that some foreign nationals take advantage and follow corrupt methods to legitimise themselves, family members, friends, and others. The backlog in this category is 41083.

Fraudulent marriages, marriages of convenience, and a special category of cohabitation are unfortunately on the increase. The department has to prove the legitimacy of these relationships as well as their notarial contracts.

It is widely known that the department does not have sufficient capacity such as immigration officers who have to be tasked in investigating the authenticity of such relationships. Without proving the authenticity of such documents the department will end up issuing visas to people who do not deserve to be in the country.

END

Reply:

Section 6 of the South African Citizenship Act 88 of 1995 makes a provision for Loss of citizenship” and subsection (3) specifies as follows:”

“Any person who obtained South African citizenship by naturalisation in terms of this Act shall cease to be a South African citizen if he or she engages, under the flag of another country, in a war that the Republic does not support.”

END

Reply:

a) In terms of the Government Immovable Asset Management Act of 2007 (GIAMA), the Department of Public Works and Infrastructure (DPWI) is responsible for the sourcing of office accommodation on behalf of government departments. To that end the DPWI issued a bid for alternative accommodation in December 2018. Following the successful conclusion of the bid process, a contractor was appointed on 9 January 2020 to build a new office for the Department of Home Affairs.

b) In addition to the protracted procurement and contracting processes at DPW&I, it took time to obtain the necessary approvals for the building plans from the City of Cape Town. These challenges are now resolved and building works have commenced on site.

c) The new office will provide the community of Mitchells Plain with the full ambit of services available at any of the modernised Home Affairs offices. These include the issuance of Smart ID Cards, passports and the registration of births, marriages and deaths. In addition, the new office will address the health and safety issues raised in respect of the existing office infrastructure and will provide sufficient waiting area for clients as well as adequate working areas for the department’s officials.

END

Reply:

(1)(i) Below is the total number of refugees (Section 24 holders) with a valid visa as at 1 January 2024:

Country	Total
Afghanistan	5
Algeria	3
Angola	21
Egypt	4
Burundi	2383
Benin	3
Bangladesh	169
Bahamas	1
Cambodia	1
Central African Republic	8
Chad	2
Cameroon	291
Congo	3739
DRC	19834
Comoros	1
Cuba	1
Eritrea	1317
Estonia	3
Ethiopia	13401
Palestine	30
Ghana	3
Guinea Bissau	10
Ivory Coast	17
India	2
Iran	1
Iraq	7
Jordan	3
Kenya	118
Liberia	45
Sri Lanka	9
Macau	2
Mali	3
Malawi	7
Morocco	1
Niger	3
Nigeria	7
Oman	1
Pakistan	5
Russia	9
Rwanda	918
Senegal	2
Sierra Leone	12
Solomon Islands	6
Somalia	20743
Saint Kitts and Nevis	1
Sudan	71
Swaziland	9
Sweden	1
Syria	39
Tanzania	25
East Timor	4
Togo	9
Türkiye	4
Uganda	407
Ukraine	2
Yemen	4
Zambia	51
Zimbabwe	3373
Total	67151

(1)(ii) Below is the total of Section 22 holders (Asylum seekers) with a valid visa as at 1 January 2024:

Country	Total
Afghanistan	10
Algeria	42
Angola	4
Egypt	88
Australia	1
Bahrain	2
Burundi	5228
Benin	10
Bangladesh	9239
Bahamas	5
Burkina Faso	11
Botswana	1
Bosnia	1
Central African Republic	2
Chad	1
China	13
Cameroon	735
Congo	3206
DRC	22298
Comoros	8
Colombia	1
Eritrea	823
Estonia	2
Ethiopia	25624
Gabon	7
Gambia	7
Palestine	3
Ghana	584
Guinea Bissau	4
Guinea	14
Croatia	1
Hungary	3
Ivory Coast	33
India	1846
Ireland	1
Iran	3
Iraq	1
Israel	3
Jamaica	2
Jordan	9
Kenya	396
Liberia	26
Libya	1
Lesotho	4
Sri Lanka	6
Mali	32
Malaysia	1
Malawi	627
Morocco	3
Mozambique	39
Mayotte	1
Nepal	76
Netherlands	1
Niger	153
Nigeria	1468
New Zealand	1
Pakistan	3249
Russia	1
Rwanda	807
Senegal	235
Sierra Leone	5
Somalia	4406
Saint Kitts and Nevis	1
Sudan	33
Suriname	1
Slovenia	1
Swaziland	2
Syria	13
Tanzania	226
Thailand	7
East Timor	2
Togo	5
Türkiye	7
Uganda	1785
Ukraine	2
Uruguay	1
Wallis and Futuna	1
Yemen	5
Zambia	100
Zimbabwe	3365
Total	86971

2. For the current financial year, the Department makes a first instance decision on average within 7 days with more than 90% of cases adjudicated within 30 days.

3. In terms of the Standing Committee for Refugee Affairs (SCRA) on average, it takes 180 days to review all matters submitted to SCRA. Currently due to high volumes of matters designated as manifestly unfounded, fraudulent and abusive, SCRA has less than 50 cases which have exceeded 180 days.

The Refugee Appeals Authority of South Africa (RAASA) is a tribunal and its adjudication and finalisation of appeal cases is a bit complex. Over the years, RAASA became inundated with appeals which escalated around the period 2008, leading to the current backlog.

Every appeal case with its complexities is adjudicated on its own merits and the time to finalise thereof differs from one case to the other. However, individual members of the RAASA conduct about 3-5 appeal hearings a day to eradicate the backlog and this is subject to the Asylum Seeker honouring the set down date.

END

Reply:

Honourable Member, this question of visa backlogs was responded to in September 2023 and seems to be appearing again two months later. But it is also appearing in the media in various forms.

The central claim by various media houses, individuals and sometimes even companies, or organisations is that the department of home affairs is causing economic stagnation and contributing largely to unemployment by delaying the processing of visas.

I wish to take this opportunity to clarify matters in this regard.

Contrary to popular belief,the department has no undue delays on visas that impacts directly on the economy and employment. The delays and the backlogs are on two special categories of visas which I will elaborate on below,

The majority of applications received for temporary Residence visa are categories that belongs to section 11 (6) and Section 18. These sections denote to spousal visas and relative visas respectively as enacted in the Immigration Act (Act 13 of 2002).

The department is not just deliberately delaying the processing of such visas.

The department is experiencing significant and ever increasing challenges with regards to legitimacy of relationships being claimed or cited as a reason for applying for these visas.

Some foreign nationals have taken advantage and gets into corruption to legitimise themselves, family members, friends and others.

The number of fraudulent marriages, marriages of convenience and a special category of cohabitation are unfortunately on the increase.

The category of cohabitation is even more problematic and easily attracts corruption because all that two people claiming to be staying with each other need to produce is a contract written by the notary public (notarial contract). There is nothing in law that forbids two people to legitimise their relationship through a notarial contract. The problem is that some of the contracts presented to the department looks very suspicious and warrants a thorough investigation when such applications are processed. More worryingly, spousal visa applications based on the notarial contracts are on the increase.

It is common cause that the department does not have enough Immigration officers who have to be tasked with the difficult job of investigating authenticity of relationships. Yet, without knowing whether relationships are authentic, the department will find itself issuing visas to people who do not deserve to be in the country.

As of 14 December 2023, approximately 86 per cent of the backlog consists of this relationship visas.

The department has developed a plan to address the backlog. The plan aims to move the older Temporary Residency Visa applications from 2022 concurrently with the current applications of 2023.

Reply: Approved / Not Approved

Dr PA Motsoaledi, MP

Minister of Home Affairs

Date:

Reply:

Honourable Member, it may be very important for me to explain how the figure of about 2000 fake marriages comes about.

These are divided into three main categories; the first category is real fake marriages whereby a Home Affairs official is involved in facilitating a marriage that does not exist. The official gets paid money by the prospective spouse (usually male) who wants documents to sojourn in South Africa through marriage.

Due to the system of BACM (Biometric Access Control Management), a Home Affairs official who practices this type of corruption will not register this marriage on the National Population Register because their fingerprints are needed to do so. Hence it is very easy to pick up this type of marriage once a complaint is made, because of its absence from the Register.

The second category, which is by far the biggest category, is marriages of convenience. This is when the couple agrees to get legitimately married whereby one spouse (usually a foreign male) pays money to the other spouse (usually a South African lady) in return for getting documents to sojourn in South Africa via marriage. It is wrongly believed by both spouses that after the transactions have been completed the South African spouse will then approach Home Affairs to ‘cancel’ the marriage on the basis that it is fake. However, our investigations usually reveal their fingerprints, addresses, and photos which are legitimate on the marriage documents. In this case, we advise them to go to court to start divorce proceedings. Many of them cry foul and publicly blame the Department of Home Affairs.

The third category is whereby an ID of a South African (usually a lady) is stolen and used to go and register a marriage with a foreign spouse.

a) Our measures are the following:

• BACM discourages corrupt officials from registering a marriage on the National Population Register because they will be caught out through their fingerprints
• Introduction of the new Marriage Register (DHA-30) which requires biometrics from the couple at the same time.
• Extensive interviews are conducted with the couple before registration of marriage.
• Letter of non-impediment must be submitted by the foreign prospective spouse to prove that they are not married back home. Such a letter must be written by the Department of Foreign Affairs of the country of origin of the prospective spouse.

b) (i)(ii) Any marriage that is not on the NPR is immediately annulled. Those that are legal but are marriages of convenience, we as Home Affairs are unable to do anything about them. The couple themselves must go to court to divorce, where we have proof that an ID was stolen we also annul the marriage.

From January 2023 to November 2023, 1 614 fraudulent marriages were encountered and 1102 have been expunged. The remainder are still under further investigation.

Reply: Approved / Not Approved

 

Dr PA Motsoaledi, MP

Minister of Home Affairs

Date:

Reply:

The Four-Year Partnership Agreement is between the Department of Home Affairs and the United Nations High Commissioner for Refugees (UNHCR). The Agreement was signed on 8 March 2021 paving the way for the implementation of Plan 2019: Backlog Project.

A (i) At the heart of Plan 2019, was the recruitment of 36 legally qualified Refugee Appeals Authority of South Africa (RAASA) members to assist with the adjudication and finalisation of Backlog Appeal cases. A total of thirty (30) Members were recruited at different times of the project in 2021. The Project was never fully capacitated with 36 Members due to UNHCR’s financial constraints.

(ii) During the recruitment process, we preferred lawyers who actually practised on arguing cases in court. However, the number has decreased to twenty-two (22) because many lawyers who abandoned their practices during the Covid lockdown have now resigned to go back to their practices since the lockdown is over

The UNHCR has first informed that they no longer have money, however, the EU (European Union) has agreed to help but can only fund ten (10) members. The result is that 12 members’ contracts will have to be terminated.

B (i) A total number of hearings conducted: 3 439.

(ii) A total number of finalised decisions: 3 626. (This figure includes paper determinations, “No Show” decisions, and family joining)

The total number of finalised appeal cases including cancellations/withdrawals of asylum claims: 8 380.

END

Reply:

(a)(i) There were 31 229 persons detained for the purposes of deportation between 29 June 2019 and 30 October 2023.

(a)(ii) 27 823 deportations were confirmed between 29 June 2019 and 30 October 2023.

(b) For the period between 19 June 2019 and 30 October 2023, the following:

(b)(i)(aa) There were no court cases initiated against Home Affairs concerning detention for purposes of deportation.

(b)(i)(bb) No court cases were initiated against the department to prevent confirmation of deportations.

(b)(i)(cc) There were no court cases initiated against the department regarding the confirmation of deportation.

(b)(ii) There were no court cases which required the department to defend.

 

END

Reply:

The Department of Home Affairs plays no role in the accreditation of venues as voting stations for eligible South African citizens abroad. Sections 33(3) and 33(4) of the Electoral Act 73 of 1998, determine the location of voting stations outside of the country at South African Embassies, High Commissions, and Consulates.

END

Reply:

The Department of Home Affairs plays no role in the online application process beyond confirming the citizenship status of the supplied identity number. The duty to register voters, compile and maintain a voters’ roll is in terms of section 5 (e) of the Electoral Commission Act 51 of 1996 read with section 5 of the Electoral Act 73 of 1998 within the sole remit of the Electoral Commission.

Voters who register to be included in an international segment of the voters’ roll are not required to provide their physical addresses because they are registered against a South African mission and the mission constitutes a component of the international segment of the voters’ roll for purposes of elections of the National Assembly.

END

Reply:

(1)(a) When an applicant applies for renunciation and submits a guarantee letter, [of a pending offer of citizenship by another country] the applicant is issued with a renunciation letter, and his/her ID number is converted from a SA citizen ID number to a non-SA citizen ID number.

(1)(b) Same as above.

(2)(a) There is no backlog.

2(b) Not applicable

 

END

Reply:

1.No, all applications are subjected to quality assurance levels within the applicable Standard Operating Processures (SOPs) and legislative prescripts.

2. No. Neither the DG nor any of his officials has given authorization to have an application finalised without going through the established processes.

END

Reply:

(a)(i) The Policy relating to the management of administrative fines was approved and signed-off by both the Department of Home Affairs and the Border Management Authority on 31 May 2023. The Policy prescribes the process to guide the collection of revenue due to the Department for fines and penalties issued in terms of sections 50(3) and 50(4) of the Immigration Act, Act No. 13 of 2002.

(a)(ii) The Policy was approved and signed-off on 31 May 2023.

(b) The amount for fines and penalties issued in terms of sections 50(3) and 50(4) of the Immigration Act, Act No. 13 of 2002, is reflected under note 23 of the 2022/23 Annual Financial Statements of the Department. As at 31 March 2023, this amounted to R273 167 000. As at the end of October 2023, fines and penalties issued by the Border Management Authority during the current financial year (2023/24) amount to R14 915 000 (unaudited).

END

Reply:

1) In responding to your question, I think it is very important to mention that South Africa has 17 (seventeen) different types of visas. Not all of them have any challenges and not all of them have backlogs. It would have helped for the question to be specific on the type of visas backlog being referred to. Be that as it may, challenges with visas are mostly dependent’s visas, like spousal visas and relative’s visas as well as Permanent Residence visas which developed a huge backlog during Covid Lockdown as international travel was forbidden.

(2)(a) The Department issued a notice in March 2023, where the applicants with long term visa, permit and waiver applications were extended to end December 2023, which was published on its website, social media and through the Visa Facilitation Centre.

(2)(b) The information is shared on the website and other social platforms. The department is in the process of reviewing its current extension to accommodate those awaiting long term applications of December 2023 and will announce its decision through the various media platforms.

(3)(a) The department has developed a plan to address the backlogs. The plan aims to move the older Temporary Residency Visas and Permanent Residency Permits applications concurrently with the current work.

(3)(b) The department is currently engaging stakeholders such as Banks and SAQA to assist in reducing turnaround times for the verifications. Since the e-Visa system is working so well in timeously issuing the tourist / visitor’s visa, the department is presently working on piloting it for three additional visa categories.

4) It is envisaged that with the approval of delegations and the implementation of the backlog plan, the Visa and Permits will be reduced or finished by end November 2024.

END

Reply:

The department keeps records of all foreign nationals in police custody whose immigration status is verified and it does not fail to determine such status within 48 hours. After determining the status, those that are found to be illegal foreigners, are charged and taken to court within 48 hours. As a result, 22 560 illegal foreigners were deported since 1 April 2022.

Should the court fail to confirm the deportation, the department issues the illegal foreigners with an Order to depart from the Republic, as they are not released into the custody of the Department.

END

 

Reply:

Yes, applications for a temporary residence visa must still go through adjudication, first-level supervisor, second-level director and the Chief Director or the Director-General, where required.

The above is done as per the workflow designed to support the Immigration Services Delegations of 2022.

END

Reply:

Country	Total Applications Received	Approved	Rejected	Pending
NIGERIA	10103	4250	5689	164
PAKISTAN	8706	5676	2947	83
INDIA	4607	1726	2715	166
CHINA	4577	2058	2454	65
EGYPT	1050	498	535	17
ROMANIA	828	311	502	15
LITHUANIA	441	164	260	17
PHILLIPINE	424	125	285	14
CAMEROON	422	192	223	7
ETHIOPIA	385	167	213	5
GHANA	375	65	288	22
CROATIA	322	106	197	19
MEXICO	312	76	225	11
DEMOCRATIC REPUBLIC OF CONGO	249	74	168	7
UGANDA	237	80	149	8
ALGERIA	227	80	144	3
SLOVAKIA	87	16	66	5
KENYA	85	20	60	5
SAUDI ARABIA	76	8	59	9
BULGARIA	67	24	41	2
IRAN	62	27	35	0
INDONESIA	54	17	35	2
OMAN	31	11	19	1
MOROCCO	27	7	19	1
ALBANIA	20	6	14	0
SENEGAL	17	4	13	0
BULGARIA	17	3	13	1
CONGO	13	1	11	1
COTE D IVOIRE	9	3	6	0
LIBERIA	7	1	6	0
NIGER	5	3	2	0
MALI	4		4	0
CUBA	2		1	1
GUINEA	1		1	0
Grand Total	33849	15799	17399	651

Remarks: Reply: Approved / Not Approved

END

Reply:

NATIONAL ASSEMBLY

QUESTION FOR WRITTEN REPLY

QUESTION NO. 3924

(1-3) Honourable member, in my previous response to parliamentary question 3586, I indicated that there is a need for better coordination at national level for similar operations by the NATJOINTS and Justice, Crime Prevention and Security Cluster (JCPS) inclusive of all law enforcement Agencies, as well as DHA and Border Management Authority (BMA).

(4) Law enforcement operations are currently still underway in the same area and the assessment and impact of the operations will be evaluated once concluded.

END

 

Reply:

(1)(a)(ii) The Department of Home Affairs contributes to the APEX priority of government on Social Cohesion and Safe Communities. As such the Department supports the Department of Arts, Sports and Culture and the Department of Justice on matters of social cohesion, tolerance and integration by issuing enabling documents. The registration of births and issuance of identity documents to citizens are key to access rights and services as all administrative and financial transactions in South Africa are based on identity. The Department also collaborates with UNHCR and IOM among other role players regarding migration issues. The Department confirms and provides enabling documents to foreigners legally residing within the country as well as facilitate and regulate the secure movement of people through ports of entry into and out of the country according to a risk-based approach.

(b)(i) The department is part of structures such as the Inter-Ministerial Committee on Migration which has been looking at issues such as violence within the trucking industry which is alleged to be the result of preferential hiring of foreign truck drivers.

(b)(ii) The department is part of law enforcement operations such as “Operation Shanela” to root out criminality and also conducts its own immigration law enforcement operations thorough its Inspectorate Division. These multi-faceted operations are amongst the efforts to ensure the safety and wellbeing of South Africans and foreign residents.

END

Reply:

a) The Work Visa Review Report by Operation Vulindlela did not state that it takes Home Affairs 48 weeks to process an application. What the Report pointed out was that a work visa applicant can take about 48 weeks across all entities to obtain supporting documents for an application. These entities are the applicant’s security authorities from country of origin for the Police Clearance certificate, SAQA verification of qualifications, Medical Practitioners for medical certificates, the recommendation certificate from the Department of Employment and Labour, and the now removed requirement for a radiological report. These are the activities that take place prior to the applicant approaching the Department to submit an application. On receipt of the application, the Department processes the application within 20 working days.

The Department is already implementing the Vulindlela recommendations, some of which are that certain non-critical supporting documents should be removed from the process.

b) As at the 24th of November 2023, there were 349 pending critical skills work visa applications pending in the system.

c) The above mentioned applications are due for completion within 20 working days from date of application.

END

Reply:

(a-b): The Deputy Minister and I did not attend the Rugby World Cup final in France in October 2023.

(c) No official in the Department of Home Affairs attended the Rugby World Cup final in France in October 2023 in an official capacity.

The Department of Home Affairs did not incur any expenditure in relation to the Rugby World Cup final in France in October 2023.

END

Reply:

(1)(a)&(b) The Department is not in the position to divulge the information pertaining to software licenses that are used in our applications for security reasons.

 

END

Reply:

1. There is no plan to place a freeze on all visas obtained by foreign nationals as this would result in denial of visas services for foreign nationals who have legitimate rights to be in the Republic. The Lubisi report findings are being acted on with necessary action on transgressions to be followed.
2. There are no plans to provide amnesty to foreign nationals as there needs to be a legitimate national emergency warranting such a decision.

END

Reply:

The Department is not able to provide details that pertains to the IT security environment and divulging IT security information in public may compromise security and increase the risk of cyber-attacks.

END

Reply:

The Vulnerability assessment and penetration tests reviews were conducted as follows at the Department of Home Affairs:

a) Exact dates

(i) Internal assessments

Internal Audit conducted internal assessment in 2021/2022 financial year and the report was issued on 23 February 2022.

(i) External assessments

Internal Audit conducted external assessment in 2020/2021 financial year and the report was issued on 07 December 2020 and also conducted internal and external assessments in 2022/2023 financial year and report was issued on 24 July 2023.

The outcomes of the assessments and tests contains sensitive information which can compromise IT security architecture and can lead to cyber-attacks because it details actions taken in different environments.

END

Reply:

1. Currently South Africa is engaged in talks of a visa waiver with Uganda.

2. Nigeria is currently not amongst the countries being considered as this is not amongst the issues being discussed with Nigeria. There is a process to follow when discussions on visa waivers are being considered. For now, Nigeria is one of 34 countries to which an e-Visa was extended.

END

Reply:

(1)(a) It is common cause that the Department of Home Affairs is grossly under-staffed at 39% staffing. A Business Plan was sent to Treasury to this effect. Treasury provided R 260 Million to capacitate the Department. However, this took the Department to a 42% staffing level. This translates to 700 extra staff. Unfortunately, the Department had to make a choice between staffing the Civics branch or the Immigration Branch more. The choice we made, which was also made in past instances, was to send more of the staff to the Civics branch because every single South African depends on it for documentation. Hence, the Immigration branch will always perform much less than the Civics branch.

(1)(b) When coming to fraud the Department of Home Affairs is the only government department with a Counter Corruption branch. This branch is doing a lot. It even has a Chief Director for Analysis and Prevention and it is very working well.

(2)(a) The department has implemented the different quality assurance levels, which allows for better control in the adjudication process. It minimises the risk of security breaches and fraudulent activities. The department has a Counter Corruption branch, who are monitoring the work of officials. They are also working closely with other relevant agencies to help prevent such activities from taking place as well as to identify those officials who are involved in such activities.

(2)(b) According to the department's Enhanced Movement Control System (EMCS), 137 846 overstay notices were issued to foreign nationals who had overstayed their visa-free stay or visas since 2019.

END

Reply:

a) The processing backlog of Visas and Permits as at 31 August 2023 is 74 309 and 43 944 respectively.

b) The department has developed a plan to address the backlogs. The plan aims to move the older Temporary Residency Visas applications from 2022 concurrently with the current applications of 2023. This will be done by splitting the temporary residence visa team into two. The same approach is being implemented for Permanent Residency Permits. The plan includes the utilisation of its current capacity supported by the additional officials from other branches including those in Provinces. It also includes those officials who have returned from the Foreign Missions after serving their four-year deployment term. Other options are also being looked at to support the above and will be implemented should it be deemed necessary to do so to support the eradication plan.

c) The department envisages to have cleared the backlog by November 2024.

 

END

Reply:

1(a) The total Budget for the BMA in the 2023- 2024 is R1 341 225 000.

1(b) The estimated total budget of the BMA in the next two financial years is R2 880 770 000 (R1 407 692 000 and R1 473 078 000 for 2024-25 and 2025-26 financial years respectively).

 

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Reply:

The South African Police Services (SAPS) undertook an operation in Kleinzee on 19 to 21 September 2023. This was a provincial-led operation. To this end, the Department of Home Affairs has written to the SAPS at national level to request them to ensure proper coordination for similar operations by the NATJOINTS and Justice Crime Prevention Cluster (JCPS) inclusive of all law enforcement agencies. This includes the Department of Home Affairs and the Border Management Authority (BMA).

This is to ensure that when operations of these magnitude are undertaken, there is better coordination and joint planning at a national level to ensure adequate resources are deployed when executing these operations that are intelligence-led.

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Reply:

1. The Department is currently in the process of developing the draft Marriage Bill, which Bill was published for public comments in July 2023, and the public participation stage closed on 31 August 2023. Following the lapse of the date for the public to submit written submissions, the Department proceeded to revise the draft Bill to incorporate the written submissions received.

In accordance with the Department’s Annual Performance Plan, the draft Marriage Bill will be introduced into Parliament within the current financial year, ending March 2024.

2. No, The Department is of the view that the draft Marriage Bill will be introduced into Parliament timeously to allow Parliament to finalise the Bill accordingly. END

Reply:

The Electoral Matters Amendment Bill will be submitted to Cabinet seeking Cabinet’s approval for the Bill to be introduced into Parliament within this current financial year. The Minister, and the Department, is working tirelessly to introduce the Bill timeously into Parliament, and allow for Parliament to process the Bill accordingly.

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Reply:

(1)(a) The BMA appointed 50 maritime Border Guards who started on 25 September 2023 for training and onboarding. They were onboarded in all functions related to maritime border control.

(1)(b) 50

(1)(c) They are already appointed and will be placed from 15 November 2023.

(1)(d) The salary levels are at entry level 6 – R241 000.00 per annum.

(1)(e) The BMA is currently in the procurement phase with ARMSCOR for maritime capabilities.

(2)(a) The BMA remains responsible for border law enforcement (including maritime – 12 nautical miles) and the border guards will be based at seaport from where operations will be launched.

(2)(b) Enforcement of maritime laws within the Law Enforcement area is in accordance with the BMA Act.

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Reply:

In September 2023, the Department of Home Affairs produced the Draft White Paper on Citizenship, immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa. On 29 September 2023, I approved the Draft White Paper for submission to Cabinet to request approval for public consultations. The following progress has been made:

• On 03 October, the Draft White Paper was approved by the Directors-General JCPS Cluster for submission to Cabinet.

• On 16-17 October 2023, the Department convened a Workshop on International Migration in which I pronounced that the DHA was in the process of overhauling the migration system.

• On 24 October 2023, JCPS Cluster Ministers approved the Draft White Paper for submission to Cabinet.

• On 26 October 2023, JCPS Cabinet Committee approved the Draft White Paper for submission to Cabinet.

• On 01 November 2023, Cabinet approved the Draft White Paper for public consultation.

• On Friday, 10 November, the White Paper was gazetted in the Government Gazette No 49661, this will be a period of 2 months.

During this two-month period, the Department will intensify its stakeholder engagement interventions so that all affected persons will be consulted. The Department will further work with GCIS in order to reach as many community members as possible.

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Reply:

(a)&(b)

The fees and tariffs for DNA tests are administered by the National Health Laboratory Services (NHLS). The National Health Laboratory Service is a South African national government institution established in terms of the National Health Laboratory Service Act 2000 (Act 37 of 2000) to provide quality, affordable, and sustainable health laboratory and related public health services to all public healthcare providers and other government institutions. The Department of Home Affairs therefore does not have the mandate to waive DNA test fees. However, the Department is in the process of updating the Memorandum of Understanding on collaboration that it has with the Department of Health, wherein the issue of waiving fees for DNA tests for indigent people is included.

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Reply:

(1)(a) The Department is in a process of verifying all documents on the database for naturalised citizens.

(1)(b) The current Live Capture system will be used to issue Smart ID Cards for naturalised citizens.

(1)(c) The Department will announce to all naturalised citizens on the issuance of Smart ID Cards.

(1)(d) The same system that is being used in the Live Capture environments country-wide will be used and is capable of processing these Smart ID Cards to the identified categories of citizens.

(2) As indicated in (1) above the same system and delivery model for citizens will apply, to process and produce Smart ID cards for naturalised citizens.

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Reply:

(a) The total number of applications received by Home Affairs from SA Embassies and missions abroad per requested categories are as follows:

(i) Total number for passports applications is 29 126

(ii) Total number for identity documents received is 2 358

(aa) Quarter 1: The total number of passport applications is 12 265 and for identity documents is 1 264

(bb) Quarter 2: The total number of passport applications is 16 861 and for identity documents is 1 094

(b) The agreed upon turnaround time with Department of International Relations and Cooperation (DIRCO) is 5 months which translates to approximately 20 weeks. This includes the shipping of consignments via the diplomatic bag and DHA is considering to automate application process for passports and IDs at missions working with DIRCO.This will lessen the turnaround time to process and dispatch.

(c)(i)(ii) The average turnaround time for both products is 5 months, which translate to approximately 20 weeks, depending on the frequency with which the diplomatic bag is sent from and to SA embassies and missions abroad.

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Reply:

(1)(a)(i-ii) 302 service points countrywide which included mobile trucks, health facilities and few Ports of Entry connecting via SITA/MTN LTE were off for over a day.

(1)(b) DHA engaged SITA Executives to understand the risk associated with the industrial action for which SITA assured DHA that there are contingency measures in place to mitigate incidents that might come up.

(2) A plan was put in place for deployment of mobile trucks connecting via an RT-15 APN contract to the Presidential Imbizo. Other DHA outreach programs were cancelled to avoid fruitless expenditure and efforts in vain by the public.

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Reply:

All deportations are conducted under Section 34 of the Immigration Act, 2002. The number of people deported since the Constitutional Court judgement in the matter of Lawyers for Human Rights and the Minister of Home Affairs and others [2017] is 139 269.

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Reply:

(a)(i) Total number of office hours lost by front offices due to load shedding in the second quarter of 2023/24 is 5003.

(a)(ii) Number of offices closed is 10.

(a)(iii) Number of offices closed as a result of water outage were 10 offices and hours lost due to water outage is 424 hours

(a)(iv) Hours lost due to system downtimes are 9095 hours.

(a)(v) Out of 251 health facilities there are 161 online verification scanners at facilities and 90 are in the process of being equipped by the end of financial year 2023/24 which is in line with birth optimisation plan. Non availability of scanners are not impeding birth registration as the workaround is to take manual fingerprints which are later verified.

(b) The DHA/SITA SLA covering all offices reflect as follows:

Month	Reachability (Network)	Availability (power)
July 2023	99.47%	90.30%
August 2023	99.34%	93.54%
September 2023	99.13%	90.42%

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Reply:

The Department, in compliance with Pretoria High Court order, accepts, adjudicates and processes applications submitted on affidavit in terms of section 2(2) of the South African Citizenship Act, 88 of 1995. The amended regulations published on 7 July 2023, are in essence reciprocating the order.

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Reply:

The Border Management Authority has as part of its strategic enterprise risk management process, identified seven (07) strategic enterprise/organisational risks of which ‘Fraud and Corruption’ is one. As a mitigation strategy to curb this risk, and given the lack of capacity within the BMA, the Authority has already commenced the process towards appointment of various service providers to “conduct the lifestyle audit of its employees” starting with critical areas which may be susceptible to fraud and corruption such as employees at all Ports of Entry, deployed at the borderline, SCM and HR units. The BMA is guided by the risk assessment and no employee of the BMA is immune to the lifestyle audit.

The request for issuance of the Request for Proposal or Expression of Interest has already been submitted to the BMA’s Supply Chain Management Unit to source the service providers with vast experience in conducting the exercise of this nature.

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Reply:

(1)(a)(i) The regulations were withdrawn and subsequently replaced with new regulations which were gazetted on 7 July 2023.

(1)(a)(ii) The final regulations were published on 7 July 2023 in Government Gazette No. 11603.

(b) There are 71 citizenship applications in terms of Section 4(3) that are pending.

(c) The above applications will be adjudicated before the end of November 2023.

2. The amended regulations were open for public comments and the new regulations have already been published as indicated above.

 

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Reply:

a) The Department of Home Affairs in collaboration with the National Department of Health (DOH) facilitated the allocation of office space to the Department of Home affairs in health facilities.

There are 41 Priority 1 public health facilities responsible for the delivery of approximately 32.5% births, followed by 109 Priority 2 contributing to the delivery of approximately 36.50% births, 101 Priority 3 responsible for the delivery of approximately 15.50 % of births, 95 Priority 4 contributing to about 7.21% births delivered and 1099 Priority 5 which are mostly clinics and health community centres accounting for approximately 8.28% births delivered in public health facilities.

To date the Department rolled out the online birth registration system in 161 health facilities which contributes to approximately 68.35% of births delivered across the country.

b) The Department has a Memorandum of Agreement (MOA) with DOH regarding registration of births at health facilities. The Department is engaging DOH and National Health Laboratory Services (NHLS) in relation to exploring the provision of providing paternity tests free of charge or at a minimal fee to indigent clients. A revised agreement has been prepared to engage both DOH and NHLS.

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Reply:

(a) The type of automated online tourism visa application system the Department has launched is the electronic-visa (e-Visa) system which is similar to the ones many other countries have implemented. The e-Visa platform is designed to accept tourism visas. This is a fully automated system whereby clients apply for their tourist visas online, pay online as well as upload their supporting documents for adjudication at the hub in Pretoria.

(b)(i – iv) The e-Visa is a fully automated system that was launched to allow clients to apply for their tourist visas from the convenience of their homes.

(c) The e-Visa system was piloted in 2022, enhanced in April 2023 and expanded to 20 additional non-visa exempted countries. In total there are 34 countries who are utilising this system.

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