Questions and Replies

Reply:

a) The Electoral Commission recorded twenty seven (27) reports of violence and or intimidation at or in the vicinity of voting stations during the 2016 local government elections.

b) The incidents were reported to the South African Police Service through the local operation centres for resolution. In all the twenty seven (27) reported cases the voting stations were maintained open for voting

 

Reply:

a) Reports of malfunctioning or dysfunctional zip-zip machines were received in 1.7% of our 22 263 voting stations during the 2016 local government elections. The analysis of the Electoral Commission is that data could not be retrieved from 393 machines. This equates to 1, 7% of the machines that were allocated to voting stations.

b) The zip–zip machine is primarily a voter registration device and as such it is not equipment that is mission critical on voting day. The machines are deployed on voting day to assist with the management of queues by providing a voter’s sequential index number on the voters’ roll and thus making it easier to locate the name of the voter on the roll.

Reply:

a) Number of persons with citizenship from SADC between 01 January 2017 and 31 December 2017:

SADC COUNTRIES	TOTAL NUMBER OF NATURALISED CITIZENS PER COUNTRY
ANGOLA	1
BOTSWANA	0
DEMOCRATIC REPUBLIC OF CONGO	46
ESWATINI	16
LESOTHO	53
MADAGASCAR	0
MALAWI	16
MAURITIUS	0
MOZAMBIQUE	141
NAMIBIA	0
SEYCHELLES	0
TANZANIA	0
ZAMBIA	5
ZIMBABWE	142

b) Number of persons with citizenship from SADC between 01 January 2018 and 31 December 2018:

SADC COUNTRIES	TOTAL NUMBER OF NATURALISED CITIZENS PER COUNTRY
ANGOLA	5
BOTSWANA	6
DEMOCRATIC REPUBLIC OF CONGO	89
ESWATINI	12
LESOTHO	89
MADAGASCAR	0
MALAWI	18
MAURITIUS	5
MOZAMBIQUE	160
NAMIBIA	1
SEYCHELLES	0
TANZANIA	3
ZAMBIA	14
ZIMBABWE	141

Reply:

a) (i) The standard processing time for South Africans applying for passports at foreign missions is six (6) months on fully completed application submission at the Mission or Embassy. Furthermore, on receipt of application at Passports Section: Head Office, it takes twenty four (24) working days to process a manual application for a passport and,

The reason for the time lines from the Missions and Embassies can be clarified by DIRCO in relation to Diplomatic Bags. However, the twenty four days on manual applications processing is due to the processes involved which includes amongst others, determination of citizenship status, capturing of application, positive identification verification and other passport processes.

(ii) The turnaround time for an ID is fifty four working days for first issues of identity documents and forty seven working days for re-issues of identity documents.

(b) The processing times for identity documents are influenced by the manual nature of the issuing process and in the case of first issues of identity documents, the turnaround time is also dependent on the submission of the prescribed supporting documents by the applicant.

(iii). The standard processing time for South Africans applying for a Births, Marriages, Deaths Certificates, amendment of personal details and application for the registration of births by South African Citizens in foreign missions is 8 weeks at Head Office however, the entire process from the time the application is lodged at the Foreign Missions is (6) Six months.

(b) The reasons for these processing times are based on the study conducted to map out how documents gets completed and processed from office of application to head office, as well as what it takes to process such applications at head office to finalise the cases.

Reply:

(a) 15 917

(b) R26,873,521.38

Reply:

The opening of a border post between Namaacha and Mbuzini has been discussed at Bi-National Commissions between South Africa and Mozambique.

As a result, Immigration officials have conducted an oversight visit to the area observing that the terrain and lack of suitable roads in the area, would significantly limit the feasibility of developing such a proposed port of entry.

For purposes of tourism the region is supported by the locality of the following ports of entry which are fully operational:

• Mananga – approximately 60 kms
• Lebombo – approximately 60 kms
• Jeppe’s Reef – approximately 100 kms

During the annual commemoration of Samora Machel, special provision is made for cross-border movements by establishing a temporary crossing point that is approved by the Minister for the day of the memorial. This allows for individuals to pay their respects.

Reply:

The registration of persons serving custodial sentences in Correctional Centres will be conducted between 22nd and 23rd January 2019. The initiative will be undertaken with the support of the Department of Correctional Services following a cooperation agreement concluded between the two institutions.

The statistics will be available only after the referenced registration event.

Reply:

(a) 282

(b) The list of where Municipal Outreach Coordinators will be allocated is attached as Annexure A.

(c) Matric/N3 plus at least three years’ work experience and/or strong community mobilisation experience (i.e. facilitation skills or ability to educate and engage audiences of varying demographic descriptions and educational levels

Reply:

a) Since the capturing of residential addresses on the National Immigration Information System (NIIS) is currently not mandatory and the fact that asylum seekers are enjoying freedom of movement in the country, statistics on the number of applications for asylum from applicants residing in Soweto are not available.

(b)(i) There is no delay in the processing of applications by the Department (at the first instance adjudication – (refugee status determination stage). Based on cases where the application was registered in 2018 and adjudication was made, the average duration was 10 days (From 1 January 2018 to 30 September 2018).

(b)(ii) The average duration of an applicant’s residence as stipulated in the legislation is 180 days including internal appeals and reviews. However, given capacity challenges and current composition that led to backlogs at Refugee Appeal Board and Standing Committee on Refugee Affairs, it meant that the duration is extended to periods that cannot be predicted.

Reply:

Below are the statistics based on the deportations undertaken by the Soweto Inspectorate Unit.

2014 DEPORTATION STATS

(b) COUNTRIES	(c)(i) GENDER	TOTAL NUMBER	(c)(ii) AGE GROUP
ZIMBABW EANS	MALES= 226 FEMALES= 10	236	19 TO 35
MOZAMBICANS	MALES - 436 FEMALES = 04	440	21 TO 45
LESOTHO	MALES = 49 FEMALES =05	54	19 TO 38
MALAWIAN	MALES = 144 FEMALES = 03	147	20 TO 45
SWAZILAND	MALES - 0 FEMALES = 02	02	19 TO 44
CONGOLESE	MALES = 01 FEMALES =0	01	22 TO 45
NIGERIANS	MALES =01 FEMALES = 0	01	21 TO 47
GAMBIAN	MALES = 01 FEMALE = 0	01	22 TO 45
CHINESE	MALES = 01 FEMALES = 0	01	23 TO 39
INDIA	MALES = 01 FEMALES = 0	01	20 TO 44
		TOTAL DEPORTEES FOR THE YEAR 2014 WAS = 884

2015 DEPORTATION STATS

(b) COUNTRIES	(c)(i) GENDER	TOTAL NUMBER	(c)(ii) AGE GROUP
ZIMBABWEAN	MALES= 147 FEMALES- 12	1 59	19 TO 35
MOZAMBICAN	MALES - 277 FEMALES - 13	290	21 TO 45
LESOTHO	MALES - 74 FEMALES =27	101	19 TO 38
MALAWIAN	MALES = 155 FEMALES = 05	160	20 TO 45
NIGERIAN	MALES =03 FEMALES - 0	03	21 TO 44
UGANDAN	MALES = 04 FEMALE = 0	04	22 TO 45
CONGO	MALES = 01 FEMALES = 0	01	19 TO 35
RWANDA	MALES = 02 FEMALE =0	02	23 TO 47
SWAZILAND	MALES - 01 FEMALE =01	02	22 TO 48
CHINESE	MALES = 01 FEMALE — 01	02	23 TO 46
INDIAN	MALES =01 FEMALE = 0	01	21 TO 45
BANGLADESH	MALES = 02 FEMALES =0	02	22 TO 35
MOROCCO	MALES = 01 FEMALES = 0	01	21 TO 45
		TOTAL = 728 DEPORTEES IN 2015

2016 DEPORTATION STATS

(b) COUNTRIES	(c)(i) GENDER	TOTAL NUMBER	(c)(ii) AGE GROUP
ZIMBABWEANS	MALES- 45 FEMALES= 01	46	19 TO 35
MOZAMBICANS	MALES = 139 FEMALES = 01	140	21 TO 45
NIGERIA	MALES - 01 FEMALES -0	01	19 TO 38
MALAWIANS	MALES - 35 FEMALES = 03	38	20 TO 45
ZAMBIA	MALES = 03 FEMALES = 0	03	19 TO 44
BANGLADESH	MALES = 01 FEMALE =0	01	19 TO 45
		TOTAL DEPORTEES IS = 229 FOR 2016

2017 DEPORTATION STATS

(b) COUNTRIES	(c)(i) GENDER	TOTAL NUMBER	(c)(ii) AGE GROUP
ZIMBABWEANS	MALES =19 FEMALES = 06	25	18 TO 39
MOZAMBICANS	MALES =45	45	19 TO 45
MALAWIANS	MALES = 16	16	18 TO 49
EGYPTIANS	MALE =01	01	21 TO 49
NIGERIANS	MALE = 01	01	19 TO 45
UGANDAN	MALE = 01	01	21 TO 48
		TOTAL DEPORTEES IS = 89

 

2018 DEPORTATION STATS

(b) COUNTRIES	(c)(i) GENDER	TOTAL NUMBER	(c)(ii) AGE GROUP
ZIMBABWEANS	MALES= 10 FEMALES = 03	13	19 TO 45
ETHOPIANS	MALES = 01	01	20 TO 35
MALAWIANS	MALES = 16	16	18 TO 44
MOZAMBICANS	MALES = 09	09	19 TO 36
LESOTHOS	MALES = 04	04	19 TO 40
		TOTAL DEPORTEES IS = 43

Summary: Number of Deportees in 2014 is 884

Number of Deportees in 2015 is 728

Number of Deportees in 2016 is 229

Number of Deportees in 2017 is 89

Number of Deportees in 2018 is 43

Reply:

The Question was referred to the Electoral Commission which responded as follows:

The Electoral Commission has implemented security and access control policies aimed at mitigating the risk of espionage and cyber attacks. These include the following:

1. Access controls – Access to information is controlled and made available on a need to know basis;
2. Security Firewalls – Implemented modern and latest security protection and monitoring systems and devices;
3. Implemented 24*7/365 real-time monitoring of all security requirements including hacking or attempted hacking, software viruses, malware, etc.
4. Use network segmentation to limit access;
5. Employs and/or contracts only South African professionals in its ICT department;
6. Occasionally commissions an independent audit of the network and data security, in addition to regular security assessment audits by the Internal Audit and the Office of AGSA;
7. Commissions a separate parallel SOC (security operations centre) during major electoral events such as elections; and
8. Has an added filtering later at its ISP (Internet Service Provider).

Reply:

(a-b) The office could not be opened due to lack of datalines which would link the office with Head Office. The datalines have however since been installed. The office has been opened and commenced operations on 01 October 2018.

Reply:

1. No. The Honourable Member is thereby requested to furnish information or evidence alluded to in this regard.

(2)(a) None, there are no restrictions.

(2)(b) An application form for marriage certificate (DHA 130) must be completed with the correct and relevant personal particulars (names, surname, identity number, date and place of marriage, etc.), together with a payment of seventy five rands (R75.00) which must be submitted at the nearest Home Affairs local front office. A marriage entry number and place of marriage may be required to trace some marriage records, in particular the African race group that were registered prior to 1990. The processing time for such applications is eight (8) weeks subjected to accessibility of records.

 

Reply:

(i) 1 079 Passport applications from abroad

(b) Special Investigation

Citizenship Verification

Manual Fingerprint Verification

HANIS Investigation

Manual record retrieval

(c) 2017 – Tourist Passport (Adult) 417

Travel Document (Minor) 9

426

2018 – Tourist Passport (Adult) 78

Maxi Passport 2

Travel Document (Adult) 567

Travel Document (Minor) 6

653

 

Total 1 079

 

(ii) 3 931 Citizenship applications

(b) Manual verification of permanent residence permits.

(c) A few of the applications date back to 2006. They were transferred in October 2011 to Head Office when centralisation of decisions on such applications was effected. Prior to this period, applications for citizenship were processed by office managers.

(iii) According to the National Population Register (NPR), there are 233 461 birth certificates applications that have not been processed yet. This information is derived from the NPR report dated 14/9/2018. Of these applications, 96 053 are No records cases. The department has already effected Function 170 on 96 053 applications requesting client to reconstruct a records which could not be found in the repositories. To date, these records have not been reconstructed, or are slowly being reconstructed. There is additional 10 215 missing records for clients who are already deceased and the reconstructed records have not been furnished. The remaining work in progress is 127 193 birth certificate applications.

(b) Except for the unavailable/missing/misfiled records, the department continues to retrieve available records to modify certificates for backlog applications, as well as new Birth certificate application cases. Some of these applications could not be processed as there are no records. Some birth records are either missing or hard to find. In some instances where these records are available, such records have faded to a point that it would be difficult to read the little available information. The Records Management Centre is mainly paper based. These records are susceptible to heat (fade) and are often misfiled (misfiling) due to human errors. The unit does not have sufficient human capacity to retrieve these records. The majority of officials responsible for records retrieval are old.

(c) The report on Birth Certificates applications not finalised dates from

2002/03/04 to 2018/09/14

(v) There are approximately 10,000 Smart ID card applications for documents which have not been processed at Front Offices and 12,484 applications pended by Back Office.

(b) Applications which are pended at Front Offices are due to incomplete supporting documents having been submitted by the applicants. In these instances, the Department has implemented an SMS functionality which will indicate to the applicant which outstanding documents are requested from him / her in order to process the application further and enable it to be finalised.

At Back Office, applications are pended due to slow manual retrieval of birth records for verification purposes. The Department is in the process of improving the birth record retrieval system by means of a digitization programme in conjunction with Stats SA, which will create one central, digitized source for all records.

(c) The applications which are pended at Back office dates from 2015 until 2018. There are three (03) cases in 2015, twenty-five (25) in 2016, three thousand one hundred and eighty-two (3 182) in 2017 and eight thousand six hundred and nine (8 609) in 2018. For front offices three (03) SMSs will be sent to the client of which after the third SMS an application will be cancelled and client will need to re-submit a new application.

(iv) There are 641 active cases as extracted from the National Immigration Information System on 10 September 2018.

• Firstly, four hundred and eighty nine (489) applications from various Refugee Reception Offices are awaiting finalisation by Refugee Status Determination Officers (RSDO). The RSDO is expected to finalise these within 180 days and the delay is as the result of no shows by applicants for interviews by RSDO, and RSDO conducting further research on country of origin conditions.

• Secondly, one hundred and fifty two (152) are applications of applicants who are now resurfacing and who approached the Cape Town Refugee Reception Office as a result of the court order in the matter between Ntumba Guella Nbaya & Others v Minister of Home Affairs case no: 6534/15 which forced the Department to extend permits of asylum seekers who applied in Refugee Reception Offices other than Cape Town. Their permits are being extended to allow officials to request their files from those offices.

Reply:

a) Department of Home Affairs

(i)(aa) R0

(i)(bb)(aaaa) R50,944.32 on advertising in support of the 2016/17 Mkhaya Migrants Awards Call for Nominations Media Campaign.

(i)(bb)(bbbb) Not Applicable

(i)(b)(bb) Not applicable

(ii)(aa-bb) R0 spent for communication services in (aaaa), (bbbb) and (bbb).

b) Electoral Commission

The Electoral Commission has not spent any moneys on (i) advertising and/or (ii) communication services on the Africa News Africa News Network 7, now known as Afro Worldview and (bb) New Age newspaper, now known as Afro Voice, (aaa) in the (aaaa) 2016-17 and (bbbb) 2017-18 financial years and (bbb) since 1 April 2018.

b) Government Printing Works

(i) None

(ii) None

(aa) None

(bb) None

(aaa) None

(aaaa) Not applicable

(bbbb) Not applicable

(bbb) Not applicable

Reply:

a) (i), (ii) No offices are designated to be open on Saturdays in KwaZulu-Natal (KZN) and other provinces.

b) The withdrawal of working hours’ circular of 2015 on 15 June 2017 at the PSCBC led to the collapse of Saturday opening. The Department engaged organised labour on working hours at the Departmental Bargaining Chamber with a view to ensure service delivery is not affected and that our offices open on Saturday. The Department is in favour of a shift system to enable Saturday work within a 40 hour week (Monday – Saturday or Monday – Friday) but organized labour requires payment of overtime as the staff is not prepared to work ‘voluntary’ after completing their 40 hour work week Monday to Friday.

Reply:

Department of Home Affairs

(1)(a)(i) Total number of Deputy Director-Generals employed in:

(1)(a)(i)(aa) An acting capacity: 3, of which 1 is a woman; and

(1)(a)(i)(bb) A permanent capacity: 4, of which 1 is a woman.

(1)(a)(ii) Total number of Chief Directors employed in:

(1)(a)(ii)(aa) An acting capacity: 3, of which 3 are woman; and

(1)(a)(ii)(bb) A permanent capacity: 28, of which 5 are woman.

(2)(a)(i)(b) Total number of Chief Executive Officers: 1 x Director-General (1 male, in an acting capacity); and

(2)(a)(ii)(b) Total number of Directors reporting to Minister: 0.

Electoral Commission

(1)(a)(i) 3 Deputy Chief Electoral Officers (equivalent of Deputy Director-General)

(1)(a)(i)(aa) None

(1)(a)(i)(bb) 3

(1)(b) 2

(1)(a)(ii) 16 Senior Managers (Equivalent of Chief Director)

(1)(a)(ii)(aa) 2

(1)(a)(ii)(bb) 14

(1)(b) 6

(2)(a)(i) 1 Chief Electoral Officer (Equivalent of Chief Executive Officer)

(2)(b)(i) None

(2)(a)(ii) 4 Commissioners (Equivalent of Board of Directors)

(2)(b)(ii) 1

Government Printing Works

(1)(a)(i) 4 Deputy Director-Generals (DDG)

(1)(a)(ii) 6 Chief Directors

(1)(a)(aa) 2

(1)(a)(bb) 8 (2 DDGs and 6 Chief Directors)

(1)(b) 6 (3 DDGs and 3 Chief Directors)

(2)(a)(i) 1

(2)(a)(ii) 0

(2)(b) 1

Reply:

Yes, SAPS have access to the HANIS system via the interface between Integrated Justice System (IJS) and Department of Home Affairs (DHA). DHA has developed a “DHA-IJS HUB” used by SAPS for verification or identification of SAPS clients whose biometrics are stored on HANIS.

If the person of interest’s biometrics are stored in HANIS, the following fields are returned as requested:-

Person Name; Person Facial Image; Person Contact Information; Person Birth Date; Person Birth Country Code; Person Living Indicator; Person Death Date ; Person Gender Code; Person Marital Status Code; Person Marital Type Code ; Person Marriage Date; Person Identification; Person Residential Address; Person Postal Address.

Reply:

The Department and entities responded as follows:

(i) Department of Home Affairs

(a-b) The Department of Home Affairs does not own any land and therefore the question as to who invested on land owned by the Department cannot arise.

(ii) Government Printing Works

1. None
2. Not applicable

(iii) Electoral Commission

1. None
2. Not applicable

Reply:

1. Yes, the Department has drafted a strategy and action plan to address and reduce the long queues including waiting times at its offices. The action plan would be rolled out with short, medium to long term interventions. The Department held a media briefing on 22 April 2018, to pronounce to the public the “War on Queues” campaign, as part of its plans to ensure that notwithstanding the high volumes experienced amidst inadequate physical infrastructure, unstable systems and general lack of resources, our clients are served at the shortest possible time.

The action plans put in place encompass the following critical components, namely:-

 

• Assessment report on immediate interventions at identified offices (Alexandra, Soweto, Pietermaritzburg and Umgeni) showing reductions in waiting times and what has been done in ensuring people are not waiting outside offices to be served.
• Categorising of offices based on performance in order provide interventions at such offices.

• The Department has introduced a steering committee that sits every two weeks to monitor all offices that are still experiencing long queues and make interventions where required.
• Some interventions include but is not limited to; a one-stop workstation that takes fingerprints and photographs, a streamline of processes and a reduction of time clients spend in Home Affairs offices.
• Revisiting the working hour arrangements negotiations with labour; to address the issue of unpredictable walk-in clients and inadequate resources.
• Proposals on how to measure customer experience and waiting times in offices, and on how to deal with structural challenges of long waiting times.

The Department, informed by the action plans, is finalising a customer satisfaction survey, it commissioned to get the client contact centre
working optimally, find a solution for unpredictable walk-in clients and for
front office space, explore possibilities of a new shift system, attend to the unstable system, scale-up unannounced visits by senior managers to offices, improve workflow and beef-up communication with clients.

2. Long enduring queues emanating from high client volumes caused by unpredictable walk-ins, discontinuation of Saturday working hours, inadequate footprint and front office space, unstable systems (networks and applications), inefficient work flow process and uncoordinated communication strategies.

Reply:

(1) Those are decisions finalised by SCRA.

(2)(a)&(b) The information is tabulated in the tables hereunder:

(aa) FOR SCRA

Year	Decisions taken by RSDO (a)	Unfounded (In cases of appeal referred to RAB) (i)	Manifestly Unfounded automatic refer to SCRA (ii)
2008	69114	Not Available
2009	50622	18856	27199
			Upheld 18239	Set Aside 472
2010	77071	24827	42161
			Upheld 30995	Set Aside 196
2011	43953	16875	20275
			Upheld 6680	Set Aside 13
2012	63228	25037	31965
			Upheld 38628	Set Aside 263
2013	68241	35402	25553
			Upheld 9404	Set Aside 94
2014	75733	29545	36958
			Upheld 22972	Set Aside 247
2015	60640	14093	44048
			Upheld 16884	Set Aside 1777
2016	41241	21693	16391
			Upheld 24516	Set Aside 1894
2017	27980	6819	18894
			Upheld 15534	Set Aside 1843

Please note: In 2008 the statistics for rejections were not divided into unfounded and manifestly unfounded.

(bb) FOR RAB:

CASES RECEIVED BY RAB AS UNFOUNDED AND FINALISED
YEAR	UNFOUNDED REFERRED TO RAB (i)	RECEIVED	FINALISED (ii)
2008	Not Available	3877	1550
2009	18856	4601	4139
2010	24827	4879	3420
2011	16875	4362	5434
2012	25037	4958	4886
2013	35402	9413	2743
2014	29545	15452	4466
2015	14093	14475	4993
2016	21693	4455	2670
2017	6819	10117	5261

3(a) The information is as follows:

Year	(aa) Asylum Seeker	(bb) Refugee Status
2013	630	712
2014	399	523
2015	1089	1021
2016	435	792
2017	238	1115
2018	14	758
Total	2805	4921

Grand total of litigation instituted by asylum seekers and refugees to date is 7,726 (2805 + 4921)

3(b) Litigation brought against the Department by asylum seekers is essentially contextualised as follows:-

New Asylum Seekers: These are illegal foreigners detained at Lindela Repatriation Centre (“Lindela”) or Police Stations, seeking urgent court orders to be released from detention on the basis that they are new asylum seekers who want to be afforded opportunity to apply for asylum. In most such cases, courts do not award costs to the applicants and simply order their release, so as to allow them to apply for asylum. This is in line with the Supreme Court of Appeal judgment of BULA and Others / Minister of Home Affairs and Others in which the court held that once intention to apply for asylum is indicated, asylum seeker is entitled to protective provision by the Republic under International Law. These court applications are mostly not settled in both parties favour in that asylum seekers (applicants) are released from detention and afforded the opportunity to apply for asylum and no costs order is made against the Department.

Asylum Seekers Appeals to the Refugee Appeal Board (“RAB”): These are asylum seekers whose applications have been rejected by the Refugee Status Determination Officer (“RSDO) on the grounds that their applications are unfounded. Such asylum seekers may appeal the RSDO’s decision to the RAB. During the period 2013 – 2016, the RAB experienced capacity challenges which led to a huge backlog in finalising the appeals. This resulted in litigation in which asylum seekers whose applications are pending before the RAB would launch court applications compelling the RAB to either furnish them with interview dates and/or finalise decisions. Because of the nature of this litigation, the Department and/or RAB had no legal grounds to oppose them and as a consequence, there were costs orders occasioned by these applications. However, since the capacity constraints have been addressed at the RAB, this nature of litigation has ceased.

Failed Asylum Seekers: These are those asylum seekers/applicants whose applications have either been rejected by the Standing Committee on Refugee Affairs (“SCRA”) or RAB. The rejection by SCRA or RAB renders such asylum seekers illegal foreigners in the Republic and therefore liable for arrest and detention for the purposes of deportation. Upon arrest, failed asylum seekers approach the courts to seek orders to review and set aside the rejections. Such applications are normally brought in two parts, namely, Part A and Part B. In Part A, the applicants seek orders to be released from detention pending finalisation of Part B. In Part B, they seek orders to review and set aside the decision of the RAB or SCRA. Ordinarily, in Part A of the application, there are no orders as to costs. However, in Part B, parties incur costs. Part B is seldom set down for hearing as the intention of the failed asylum seekers is never to prosecute the review, but rather to secure the indefinite stay in the Republic. Costs in these review applications are also reserved pending the finalisation of these review applications.

The nature of litigation instituted by refugees against the Department is mainly two-fold:

(i) Certification in terms of Section 27(c) of the Refugees Act

These applications are meant to compel SCRA to recognise the applicants as indefinite refugees.

(ii) Refugees Identity and Travel Documents

These applications are meant to compel the Department to issue refugees with South African Refugee Identity Documents (“refugee IDs”) and/or Travel Documents.

Ordinarily, the Department does not oppose these applications as there are no legal grounds to oppose them. The applicants merely seek orders to compel the Department to finalise their applications for refugee IDs and/or Travel Documents. In such matters, costs are confined to the issuing of high court applications only.

4(a-c) The information is as follows:

Area of responsibility	2017	Legacy	Total
RSDO	623	997	1620
SCRA	9836	30490	40326
RAB	5246	142548	147794

Reply:

a) No contract was awarded specifically for this enhancement. The current DHA system was enhanced via the DHA modernisation/ Who Am I Online (WAIO) scope and printing is still done by Government Printing Works (GPW).

b) The price of passport has not changed.

Reply:

The question was referred to the Electoral Commission which responded as follows:

The Electoral Commission did not pay for the review of the Public Protector’s Report for the person referred to as there was never a review application instituted.

(a) Not applicable

(b) Not applicable

(c) Not applicable

Reply:

(1-2) Yes, the Ministerial Handbook allows for a Minister to be accompanied by his wife and I do not have to seek the president’s permission for that. However, I can choose my wife or any of my children to accompany me in place of my wife.

I have not been accompanied anywhere by my wife or any member of my family in the only international trip I have undertaken since 1 April 2018

Reply:

The question was referred to the Electoral Commission which responded as follows:

a) The Electoral Commission did not file an appeal against the Public Protector Report.

b) There are therefore no minutes reflecting that decision.

c) There were no costs incurred as there was no appeal against the Public Protector Report.

Reply:

The question was referred to the Electoral Commission which responded as follows:

1. A hitherto unknown complainant filed a complaint with the Directorate for Priority Crimes Investigations (DPCI). The Commission became aware that a complaint had been lodged whilst it was still considering the report of the Public Protector and when some of its officials were being interviewed as part of the DPCI investigation.

2. Having noted that a complaint had already been laid and that an investigation was already under way, the Commission regarded the reporting required under section 34 of the Prevention and Combating of Corrupt Activities Act (POCCA), Act 12 of 2004 as no longer needing its further consideration as the investigation in terms of section 22 of the POCCA Act had already commenced.

Reply:

The question was referred to the Electoral Commission which responded as follows:

(a-b) The information requested is not immediately available and the current owners of the Riverside Office Park have been instructed to provide the details of trustees and beneficiaries of the Riverside Trust (IT Nr IT3670/2009).

Upon receipt by the Electoral Commission, the information will be forwarded.

Reply:

Section 10 (4) and 13 (2) of Refugee Act 130 of 1998 states that one member of SCRA as well as RAB must be legally qualified to serve on the board. The Department of Home Affairs (DHA) however requires that a member of SCRA as well as RAB should have LLB/Legal degree or equivalent qualification with three years of experience in Legal or Immigration Field relevant to Asylum Seeker Management Environment.

Section 8 (3) of Refugee Act 130 of 1198 requires that the DG should ensure that Refugee Reception Officers (RRO) and Refugee Status Determination Officers (RSDO) appointed under this section receives the additional training necessary to enable them to perform their functions properly.

The Learning Academy annually plans and provides Asylum Seeker Management related training to RROs and RSDOs. This training is offered mainly through NQF 5 qualification (National Certificate: Home Affairs Services) registered with the South African Qualifications Authority (SAQA). Some of the Unit Standards offered within this qualification are Adjudicate a claim for Refugee Status, Refugee Affairs, Human Rights and Counter Xenophobia. The Learning Academy further provides additional relevant training outside the National Certificate: Home Affairs such as systems training (NIIS), Case Management System, Performance Management, Diversity (LGBTI), Automated Booking Terminal System and DHA 1590 Application Forms (New Application Forms).

The Learning Academy has planned four training and development interventions (Refugee Law, Country of Origin Research, Counter Xenophobia and Social Cohesion and Foreign Languages) during the financial year 2018/2019 to capacitate RROs and RSDOs. The Learning Academy consults regularly with SCRA on training related matters as depicted in section 8 (3) and 39 of the Refugees Act, 1998.

The Learning Academy has provided training to SCRA and RAB administrative staff in the past. SCRA and RAB board members fall outside the scope of the DHA as they are appointed according to Refugee Act 130 of 1998 and not the Public Service Act. They are also expected to function without any bias and maintain their independence at all times as specified in section 9 (2) and 12 (3) of the Refugees Act, 1998.

Reply:

1. No, the Electoral Commission does not have sufficient funding for two national registration weekends.

(a) During the 2017 MTEF National Treasury allocated R630 million in 2018-19 for two main registration weekends and some NPE 2019 election related activities. Of this amount, approximately R581 million related to the two main registration weekends and the remaining R49 million related to preparatory work for the 2019 NPE such as the procurement of components of the bill of materials.

(b) Due to inter-alia the lack of funding by National Treasury in relation to initiatives taken by the Electoral Commission with regards to the rectification of voters’ addresses on the national voters’ roll stemming from the Constitutional Court ruling, the cyclical ICT hardware and platform refresh and the partial funding of the new voter registration devices, the overall shortfall in the 2018-19 financial year is R346 million. This budget shortfall necessitated that funds amounting to R211 million which was earmarked for the registration weekends, be reprioritised to address these critical unfunded projects. The remainder of the shortfall (R135 million) was funded by delaying and reprioritising certain projects.

It should be noted that the R211 million that was originally allocated for a second registration weekend does not include the imperative to have an average of three electoral staff members per voting station. At the time of the 2017 MTEF it was envisaged that there would only be two staff members per voting station.

2. (a) The actual cost of the registration drives held over the past five financial years are as follows:

• November 2013: R280.5 million
• February 2014: R209.9 million
• March 2016: R314.7 million
• April 2016: R192.5 million
• March 2018: R219.6 million

(b) The budgeted cost for the planned February 2019 registration drive for the 2019 NPE is R419 million. This includes an additional staff member per voting station (R32 million), necessitated by the need to harvest addresses, and an additional training day (R17 million) on the new voter registration devices.

Reply:

(1)(a)(i) and (ii) as tabulated hereunder:

	2015/16	2016/17	2017/18	2018/19
Number of State owned DHA vehicles involved in accidents	69	72	50	5
Number of State owned vehicles written off	15	21	5	1

Please note ‘accidents’ involve all incidents where damage is caused to a State owned vehicle. This includes cracked windscreens and burst tyres.

(1)(b) For detail see schedule attached marked annexure A.

(1)(c)(i) See table above

(1)(c)(ii) Uneconomical to repair

(2) None of the State owned DHA vehicles are fitted with tracking devices.

Reply:

The Department and entities responded as follows:

(i) Department of Home Affairs

(1)(a)(aa) One

(1)(a)(bb) One

(1)(b) 2016

• The case involved a female foreign national (the complainant) and an immigration officer at level 8 (the alleged perpetrator). Charges of misconduct were preferred against the Officer and a disciplinary hearing was held. The Officer was found guilty and a sanction of dismissal was pronounced by the chairperson of the disciplinary hearing. The dismissal was implemented. From the employee side the matter have been taken for review of the decision of the presiding officer.
• The employee took the matter to the Labour Court for review – the case is still pending.

(1)(b) 2017

• This case was registered as a grievance but the case was investigated and an outcome was issued. The employee consequently registered a dispute with CCMA based on sexual harassment. The Commissioner ruled that the employee must be compensated for sexual harassment. The department implemented the sanction and the employee was compensated.
• The case is completed and concluded - closed.

(2) Yes. The outcomes of the two cases investigated are detailed in (1)(b) above.

(ii) Electoral Commission

(1)(a)(aa) None

(1)(a)(bb) None

(1)(b) Not applicable

(2) Not applicable

(ii) Government Printing Works

(1)(a) (aa) None

(1)(a)(bb) One

(1)(b) There was an allegation of unacceptable utterances (sexual comments) reported.

(2) Yes. The employee was given verbal warning.

Reply:

1. All SMS members save for one, submitted their financial interests as required by the law.

(1)(a) The SMS member was appointed on the 01st March, 2018, and failed to submit her financial interests within 30 days of her appointment.

(1)(b) One.

(1)(c)(i-ii) R M Tlou - Director.

2. The SMS member was charged and sanction of Final Written Warning was meted out.

(3)(a) Post Level 6 = 21

Post Level 8 = 1

Post Level 10 = 1

(3)(b) Post Level 6:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=21

(iv) Longer than 120 days=0

Post Level 8:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=1

(iv) Longer than 120 days=0

Post Level 10:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=1

(iv) Longer than 120 days=0

4. Total amount of cost attached to the days of service lost as a result of the suspensions is R 1 068,490.13

Reply:

(a) The information is as follows:

Year	(aa) Asylum Seeker	(bb) Refugee Status
2013	630	712
2014	399	523
2015	1089	1021
2016	435	792
2017	238	1115
2018	14	758
Total	2805	4921

Total litigation instituted by asylum seekers and refugees to date is 7726.

(b) The Department does not have a litigation case management system in terms of which matters that were won or lost in court are recorded. The only system that is currently in use is a basic system that merely records new court matters. However, litigation brought against the Department by asylum seekers is essentially contextualised as follows:-

New Asylum Seekers

1. These are illegal foreigners detained at Lindela Repatriation Centre (“Lindela”) or Police Stations, seeking urgent court orders to be released from detention on the basis that they are new asylum seekers who wish to be afforded the opportunity to apply for asylum.

2. The Department does not seek to oppose such applications and simply consent to court orders releasing these applicants. These court orders invariably carry cost orders. However, in most such cases, courts do not award costs to the applicants and simply order their release in order to allow them to apply for asylum. This is in line with the Supreme Court of Appeal judgment of BULA and Others / Minister of Home Affairs and Others in which the court held that once the intention to apply for asylum is indicated, an asylum seeker is entitled to protective provision by the Republic of South Africa under International Law.

3. These court applications are more often than not settled in both parties favour in that asylum seekers (the applicants) are released from detention and afforded the opportunity to apply for asylum and no costs orders are made against the Department.

Asylum Seeker Appeals to the Refugee Appeals Board (“RAB”).

1. These are asylum seekers whose applications have been rejected by the Refugee Status Determination Officer (“RSDO”) on the grounds that their applications are unfounded. Such asylum seekers may appeal the RSDO’s decision to the RAB.

2. During the period 2013 – 2016, the RAB experienced capacity challenges which led to a huge backlog in finalising the appeals. This resulted in huge amounts of litigation in terms of which asylum seekers whose applications were pending before the RAB would launch court applications compelling the RAB to either furnish them with interview dates and/or finalise their decisions.

3. Because of the nature of this litigation, the Department and/or RAB had no legal grounds to oppose them and as a consequence, there were costs orders occasioned by these applications.

4. However, since having addressed the capacity constraints at the RAB, this nature of litigation has ceased.

 

Failed Asylum Seekers

1. These are those asylum seekers/applicants whose applications have either been rejected by the Standing Committee on Refugee Affairs (“SCRA”) or the RAB.

2. The rejection by the SCRA or the RAB renders such asylum seekers illegal foreigners in the Republic and therefore liable for arrest and detention for the purposes of deportation.

3. Upon arrest, failed asylum seekers approach the courts to seek orders to review and set aside the rejections. Such applications are normally brought in two parts, namely Part A and Part B. In Part A, the applicants seek orders to be released from detention pending finalisation of Part B. In Part B, the applicants seek orders to review and set aside the decision of the SCRA or the RAB.

4. Ordinarily, in Part A of the application, there are no orders as to costs. However, in Part B, parties incur costs. Part B is seldom set down for hearing as the intention of the failed asylum seeker is never to prosecute the review, but rather to secure an indefinite stay in the Republic. Costs in these review applications are also reserved pending the finalisation of these review applications.

The nature of litigation instituted by refugees against the Department is mainly two-fold:-

1.Certification in terms of Section 27(c) of the Refugees Act

These applications are meant to compel the SCRA to recognise the applicants as indefinite refugees.

2. Refugees Identity and Travel Documents

These applications are meant to compel the Department to issue refugees with South African Refugee Identity Documents (“refugee IDs”) and/or Travel Documents.

Ordinarily, the Department does not oppose these applications, as there are no legal grounds to oppose them. The applicants merely seek orders to compel the Department to finalise their applications for refugee IDs and/or Travel Documents. In such matters, costs are confined to the issuing of High Court applications only.

(c) The Department is not in a position to furnish information on legal costs, as such information is not readily available to the Department. Settlement of legal costs against the State remains the responsibility of the State Attorneys who, in normal circumstances, are attorneys of record for the State.

As can be noted, legal costs occasioned by litigation arising out of asylum seekers and refugees is largely as a result of applications brought to compel the Department to issue refugee IDs and/or travel documents, or to make decisions on applications submitted in terms of section 27(c) of the Refugees Act.

 

Reply:

The Department and entities responded as follows:

(i) Department of Home Affairs

(1)(a) No incidents of racism were reported to the human resources office in 2016 and 2017.

(1)(b) Not applicable

(2) Not applicable

(ii) Government Printing Works

(1)(a)(aa) 2016 – 1

(1)(a)(bb) 2017 – 1

(1)(b) 2016 – Racist incitement

   2017– Social media posting

(2) Yes. The employee was dismissed in the 2016 incident and 2017 case employee not found guilty.

(ii) Electoral Commission

(1)(a) No incidents of racism were reported to the human resources office in 2016 and 2017.

(1)(b) Not applicable

(2) Not applicable

Reply:

(1)(a) As per the table below:

Year	Judicial Reviews
2013	746
2014	522
2015	1282
2016	887
2017	1128
2018	723
Total	5288

(1)(b) All these judicial review applications were opposed.

(1)(c) The Department does not have a litigation case management system in terms of which matters that were won or lost in court are recorded. The only system that is currently in use is a basic system that merely records new court matters.

2. There are no directives given to or policies adopted by the State Attorney and/or Refugee Reception Offices to oppose or reject every application for the review of asylum, all applications or applications from specific countries.

Reply:

(1)(a-b) Data files for 2008 to 2010 are not available and therefore information can only be provided as from April 2011.

Apr-11

Office	Total
REFUGEE RECEPTION CENTRE CAPE TOWN	21
REFUGEE RECEPTION CENTRE CROWN MINES	56
REFUGEE RECEPTION CENTRE DURBAN	12
REFUGEE RECEPTION CENTRE MARABASTAD	31
REFUGEE RECEPTION CENTRE MUSINA	9
REFUGEE RECEPTION CENTRE PORT ELIZABETH	6
Grand Total	135
Apr-12
Office	Total
REFUGEE RECEPTION CENTRE CAPE TOWN	19
REFUGEE RECEPTION CENTRE CROWN MINES	50
REFUGEE RECEPTION CENTRE DURBAN	11
REFUGEE RECEPTION CENTRE MARABASTAD	30
REFUGEE RECEPTION CENTRE MUSINA	8
REFUGEE RECEPTION CENTRE PORT ELIZABETH	6
Grand Total	124
Apr-13
Office	Total
REFUGEE RECEPTION CENTRE PORT ELIZABETH	4
REFUGEE RECEPTION CENTRE PRETORIA (MARABASTAD)	78
REFUGEE RECEPTION CENTRE DURBAN	11
REFUGEE RECEPTION CENTRE MUSINA	20
REFUGEE RECEPTION CENTRE CAPE TOWN	26
Grand Total	139
Apr-14
Office	Total
REFUGEE RECEPTION CENTRE PORT ELIZABETH	5
REFUGEE RECEPTION CENTRE PRETORIA (MARABASTAD)	79
REFUGEE RECEPTION CENTRE DURBAN	14
REFUGEE RECEPTION CENTRE MUSINA	20
REFUGEE RECEPTION CENTRE CAPE TOWN	25
Grand Total	143
Apr-15
Office	Total
REFUGEE RECEPTION CENTRE PORT ELIZABETH	2
REFUGEE RECEPTION CENTRE PRETORIA (MARABASTAD)	76
REFUGEE RECEPTION CENTRE DURBAN	13
REFUGEE RECEPTION CENTRE MUSINA	20
REFUGEE RECEPTION CENTRE CAPE TOWN	21
Grand Total	132
Apr-16
Office	Total
REFUGEE RECEPTION CENTRE PORT ELIZABETH	2
REFUGEE RECEPTION CENTRE PRETORIA (MARABASTAD)	75
REFUGEE RECEPTION CENTRE DURBAN	12
REFUGEE RECEPTION CENTRE MUSINA	18
REFUGEE RECEPTION CENTRE CAPE TOWN	17
Grand Total	124
Apr-17
Office	Total
REFUGEE RECEPTION CENTRE CAPE TOWN	15
REFUGEE RECEPTION CENTRE DURBAN	12
REFUGEE RECEPTION CENTRE MUSINA	18
REFUGEE RECEPTION CENTRE PORT ELIZABETH	2
REFUGEE RECEPTION CENTRE PRETORIA (MARABASTAD)	74
Grand Total	121
Apr-18
Office	Total
REFUGEE RECEPTION CENTRE CAPE TOWN	15
REFUGEE RECEPTION CENTRE DURBAN	12
REFUGEE RECEPTION CENTRE MUSINA	18
REFUGEE RECEPTION CENTRE PORT ELIZABETH	2
REFUGEE RECEPTION CENTRE PRETORIA (MARABASTAD)	70
Grand Total	117

(1)(c-d)

Year	Applications received	Adjudications
2017	24174	27980
2016	35377	41241
2015	62159	60640
2014	71914	75733
2013	70010	68241
2012	85058	63226
2011	106904	43953
2010	124336	77071
2009	223324	157204
2008	207206	69114

2 (a) Unfounded as follows:

Year	Cape Town / PE	Port Elizabeth	Durban	Musina	Johannesburg	Desmond Tutu
2017	552	75	3435	2138		619
2016	1801	***Refer to comment below	7009	4227		8656
2015	1240	***Refer to comment below	3347	1793		7713
2014	8517	***Refer to comment below	3478	2865		14685
2013	3105	***Refer to comment below	3101	3977		15370
2012	2782	225	3351	1929		16750
2011	952	1033	2988	6	3744	8152
2010	*24827 Refer to comment below
2009	5186	3178	9490	2972	26210	25561
2008	*Refer to comment below

2 (b) Manifestly Unfounded as follows:

Year	Cape Town / PE	Port Elizabeth	Durban	Musina	Johannesburg	Desmond Tutu
2017	326	24	1271	945		16328
2016	644	***Refer to comment below	1721	2990		11036
2015	773	***Refer to comment below	1117	8134		34024
2014	1997	***Refer to comment below	336	10326		24299
2013	2803	***Refer to comment below	808	8072		23719
2012	3898	32	518	3193		24322
2011	3428	624	278	0	1940	14005
2010	**42161 Refer to comment below
2009	6618	3501	7436	5641	10696	39745
2008	*Refer comment below

2 (c) Successful applications as follows:

Year	Cape Town	Port Elizabeth	Durban	Musina	Johannesburg	Desmond Tutu
2017	105	231	307	14		1610
2016	1523	***Refer to comment below	414	1		1219
2015	328	***Refer to comment below	71	0		2100
2014	2965	***Refer to comment below	238	3		6024
2013	2593	***Refer to comment below	223	2		4468
2012	1806	441	287	8		3684
2011	633	765	520	78	2251	2556
2010	**10083 Refer to comment below
2009	2628	889	1310	65	4671	1407
2008	2973	862	746	53	2059	356

Comment:

* During 2008 the total rejections (unfounded and manifestly unfounded) were recorded as 62,065. However, they were not separated into the various categories.

** During 2010 successful applications and rejections were not recorded per office.

*** From 2013 to 2016 Port Elizabeth cases were processed under the Cape Town server.

Reply:

Ministers’ spouses are allowed to travel with their partners abroad on official trips as per Ministerial Handbook. The policy applies to all executive members and there is no provision currently that talks of repayment.

Reply:

The Question was referred to the Department and entities which responded as follows:

(aa) Department of Home Affairs

(a) 286 cases were submitted to (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation DPCI)

(b)(i-ii) 286 cases of fraud and corruption were investigated and arrests were effected. The number of arrests are as follows:

2009	2010	2011	2012	2013	2014	2015	2016	2017
40 arrests	No stats available	9 arrests	4 arrests	19 arrests	6 arrests	54 arrests	125 arrests	29 arrests

(b)(iii) The Department does not readily have the number of convictions.

(bb) Electoral Commission

(a) No cases were referred in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended to:

(i) The SAPS, and

(ii) Directorate for Priority Crime Investigation (DPCI)

9b) (i-iii) Not applicable

(bb) Government Printing Works

(a) (i) Two were referred to the SAPS – Case numbers (CAS 1201/09/2011) and CAS 688/11/2016)

     (ii)0

(b) (i) Two

(ii) Two

 (iii) One

Reply:

(1)(a) There is only one Refugee Appeal Board. RAB was established in terms of Section 12 of the Refugees Act no 130 of 1998 (the Act).

(1)(b) Currently there is three persons serving on RAB, two members and a member who is also the Chairperson. The amount of members has fluctuated over the years since 2000. The most members at any one time were six in total.

(1)(c) RAB meets on average three times in formal meetings to discuss and decide on its Rules and Practice Note, Regulations and other administrative decisions about its hearings and decisions. RAB had three annual formal meetings during financial year 2017/2018. RAB meets informally before each hearing week. For financial year 2017/2018 RAB conducted six hearing cycles in all five regions.

(1)(d) The number of cases dealt with on an annual basis by the RAB since 2010 are listed in the table below.

(2)(a-b) Various categories and number of decisions taken by the RAB annually are tabulated hereunder:

RAB DECISIONS 2010-2017
	2010	2011	2012	2013	2014	2015	2016	2017
Hearings conducted	0	2266	1497	2543	2743	1020	124	399
Condonations Dismissed	109	166	85	302	65	22	518	268
Condonations Granted	71	56	119	232	145	247	2	7
Dismissed	900	3982	1461	1537	1580	1310	159	193
Upheld	84	110	48	66	70	118	56	21
No Show	0	107	12	69	24	108	135	50
Cancelled	0	46	109	23	0	67	19	2196
Member	5	7	5	6	6	6	2	3
Quorum	Single member hearings	Single member hearing	Single member hearings	Single member hearings	Single/Three member hearings	Single/Three member hearings	Not operating for most of 2016	Three member hearings

 

Reply:

(1)(a)(i) (aa) and (bb). Since its inception there was always just one Standing Committee for Refugee Affairs active in the RSA.

(1)(a)(i) SCRA consists of one Chairperson and two members.

(1)(b) SCRA convenes on a daily basis.

(1)(c) Table 1 indicates the number of cases brought before SCRA annually from 2008 to2018.

(2)(a),(b)(i) and (ii) only one SCRA existed since its inception and the total number of decisions taken annually in terms of section 24(3)(b) of the Refugees Act 130 of 1998 can be viewed in Table 1.

Table 1: In terms of Section 24(3) (b) of the Refugees Act 130 of 1998 decisions reviewed by SCRA.

YEAR	2008	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018
UPHELD	4313	18239	30995	6680	38628	9404	22972	16884	24516	15534	8006
SET ASIDE	186	472	196	13	263	94	247	1777	1894	1843	1769
TOTAL	4499	18711	31191	6693	38891	9498	23219	18661	26410	17377	9775

Reply:

1. The Electoral Commission provides a wheel-chair friendly voting compartment for those voters who use wheel-chairs as well as the braille Universal Ballot Template for those voters who are braille literate.

Furthermore the Electoral Commission regularly conducts voting station facilities surveys to assess the availability of key facilities which include disability accessibility to its voting stations. In ensuring accessibility of the voting stations by disabled voters, the Electoral Commission shares the outcome of the voting stations facilities survey with state and other landlords so that the latter may improve the quality and extent of amenities at voting stations including access for disabled voters.

Additionally, voters who are physical infirm to the extent that they are unable to present themselves at voting stations for either registration or voting may apply for registration at home or place of confinement and/or a special vote at home or place of confinement.

2. Kerbside assistance to disabled voters is provided by voting station staff in terms of Section 39 of the Electoral Act (Act 27 of 1998).

Reply:

1. (a) and (b) In 1994 all South Africans abroad were only issued a national ballot.

(i) In preparation for the National and Provincial Elections of 1999, the Electoral Act 73 of 1998 established limited categories of temporarily absent voters who could vote outside the Republic.

One such category was absence from the Republic on government service or membership of the household of the person so being absent. The head office of the government department or entity in the Republic of such a person or members of his household was regarded as the place of ordinary place of residence. This category of voters was issued both a national ballot as well as a provincial ballot.

A 2003 amendment to the Electoral Act extended voting abroad to those on temporary absence from the Republic for the purpose of a holiday, business trip, attendance of tertiary institution, educational visit or in an international sports event. In all cases it was required that voter inform the Chief Electoral Officer of their intention to vote abroad.

In 2013 the regulatory framework was again amended to extend voting outside the Republic to all eligible South Africans and an international segment of the voters’ roll was established. All voters outside of the Republic are now treated in the same manner in that only a national ballot is issued for voting outside of the Republic.

(ii) The initial limitation to the categorisation of voters who qualify to voting abroad was found to be unconstitutional in the Richter Judgment (Richter v The Minister for Home Affairs and Others 2009). For this reason, the legislation was amended to open voting outside of the Republic to all eligible citizens.

Reply:

The department and entities responded as follows:

Department of Home Affairs

(1)(a) The Department of Home Affairs does not own any land.

(1)(a)(i) Not Applicable

(1)(a)(ii) Not Applicable

(1)(b) Not Applicable

(1)(b)(i) Not Applicable

(1)(b)(ii) Not Applicable

(2)(a) The Department of Home Affairs does not own nor lease out any land.

(2)(b)(i) Not Applicable

(2)(b)(ii)(aa)&(bb) Not Applicable

Government Printing Works (GPW)

(1)(a)(i) One

(a)(ii) It is unused but will be renovated as GPW Administration Office.

(b)(i) 389 Sophie De Bruyn Street, Pretoria

(b)(ii) 2552 square metres

(2)(a) Not Applicable

(2)(b)(i) Not applicable

(2)(b)(ii)((aa)&(bb) Not Applicable

Electoral Commission (IEC)

(1)(a) The Electoral Commission does not own any land.

(1)(a)(i) Not Applicable

(1)(a)(ii) Not Applicable

(1)(b) Not Applicable

(1)(b)(i) Not Applicable

(1)(b)(ii) Not Applicable;

(2)(a) The Electoral Commission does not own nor lease out any land.

(2)(b)(i) Not Applicable

(2)(b)(ii)(aa)&(bb) Not Applicable

Reply:

(a) Reporting of asylum statistics is in line with calendar years (January to December):

Year	(i) Received	(ii) Approved	(iii) Rejected
(aa) 2015	*2079	618	1112
(aa) 2016	1643	1169	904
(aa) 2017	1932	732	1500
(bb) 2018	208	93	137

* The number of applications approved and rejected may differ with the total received in the specific year as not all applications received are finalised within the same year and there also applications that are finalised from a carryover from previous years.

(b) Main reasons for the rejections are :

• Applicants with claims that come from the peaceful parts of Somalia like Somaliland and Puntland.
• Applicants that are in RSA for other reasons than those stipulated in Section 3 of the Refugees Act 130 of 1998.
• Applicants who were granted refugee status before and withdrew their refugee status because they wanted to return to their country of origin and who failed to demonstrate changed circumstances that forced them to return to South Africa to re-apply for asylum.

• Applicants who already enjoy protection in other countries that are signatory to the UN Convention and who failed to give compelling reasons as to why they left such protection.
• Applicants who fall under the exclusion clause.
• Applicants who re-availed themselves to their country of origin whilst applying for asylum in South Africa.

Reply:

(1)(a) No new offices were opened at public healthcare facilities to register birth since 2015/16 financial year.

(1)(b) The table below depicts the distribution of connected health facilities prior to the last three financial years. Annexure A attached provides the list of the location of each health public facility where birth is registered.

Table 1: Location of connected health facilities

Province	Health Facilities with Maternity Wards	Connected Health Facilities	Outstanding Health Facilities
Eastern Cape	116	55	61
Free State	51	32	19
Gauteng	125	70	55
KwaZulu Natal	103	52	51
Limpopo	84	47	37
Mpumalanga	75	31	44
Northern Cape	50	28	22
North West	106	35	71
Western Cape	128	41	87
Grand total	838	391	447

2. Yes, there are challenges and they include:

• Lack of human resource capacity to place officials at health facilities due to a reduced budget for compensation of employees;
• Lack of equipment ( IT related and furniture) and IT connectivity
• Inadequate number of vehicles to transport officials from offices to health facilities due to reduction in fleet services which were used to transport officials to health facilities.

Cost required for connecting one health facility service point:

Requirement	Cost
Human Resource- Level 5 Hospital Clerk (annual)	R 152 862.00
Signage- Inside and outside directional signage	R 2 013.00
Proline desktop CPU and monitor (DHA Specs)	R 13 912.59
Oki printer	R 7 629.31
Brother Multifunctional (MFC) printer	R 8 186.88
Cogent CSD330 -Online Verification scanner	R 7 001.50
Furniture - desk	R 4 400.00
Steel lockable cabinet	R 2 750.00
High back Chair	R 2 200.00
Client seating ( Terminal seating unit)	R 5 000.00
Portable air-conditioning unit	R 6 000.00
Birth & death Registration poster with clip on frame	R 1 320.00
ADSL connectivity - Line installation	R 620.00
- DSL installation	R 792.00
- annual subscription	R 3 619.44
Total Cost	R 218 306.73

Reply:

1. In terms of the Identification Act, 1997, (Act No.68 of 1997) all citizens and permanent residents shall have a unique identity number which shall not be shared with any other person. However the department has identified that there are persons who share identity numbers and those who have multiple identity numbers.

Duplicated identity numbers emanated from the amalgamation of homelands including Transkei, Bophuthatswana, Venda and Ciskei (TBVC) states. Prior to 1994, South Africa had different population registers with different enabling documents (e.g. birth certificates, reference books, book of life). The same applies to processes that were applied when taking fingerprints, coupling of identity numbers with reference number and safekeeping of records. After 1994, the department took a decision to centralize all fingerprints and other records from TBVC states in order to have one National Population Register and one Home Affairs National Identification System (HANIS).

With reference to this question, different identity numbers registered for one person falls within the category of one person having multiple identity numbers, and may possibly have been caused by one of the following:

• Reference books cases where an applicant was automatically issued with an identity number without their knowledge.
• Previously identity numbers were allocated or issued without taking fingerprints and/or verification thereof.
• During birth registration period (The child may have been registered by a guardian or informant while the parents were not staying with the children).

Accordingly, all those identity numbers which are associated with duplicate identity numbers will be cancelled and removed from the National Population Register.

2. The total number of multiple identity numbers on the department’s database is 155 679.

3. Cleaning up the database is a continuous process as and when citizens present themselves. Meanwhile, to stop further occurrences of duplication, the Department:

• During October 2013, in pursuance of its overall objective of helping address the challenges created by duplicate IDs, made an announcement of a process to invalidate duplicate IDs. The implication of invalidation is that such identity numbers will no longer be valid.
• has embarked on enforcing legislation on parents to register children’s birth within 30 days of birth, hence DHA working close with hospitals by stationing DHA officials at connected hospitals to register newly born children before they leave the hospital.
• tasked CSIR to research the possibility of taking fingerprints of newly born children to secure their identity from birth
• recently launched the Automated Biometric Identification System that should assist with the elimination of duplicate identity numbers henceforth.

Reply:

The Electoral Commission responded as follows:

(1)(a) Human Sciences Research Council (HSRC),

(1)(b-c) The list of voting stations and their location is attached as Annexure A.

- Eastern Cape – 15 minutes

• Free State – 17 minutes
• Gauteng – 22 minutes
• KwaZulu Natal – 18 minutes
• Limpopo – 13 minutes
• Mpumalanga – 14 minutes
• North West - 19 minutes
• Northern Cape – 12 minutes
• Western Cape – 13 minutes

Please also refer to the graph below for an illustration of average queuing times per province.

Source: HSRC Election Satisfaction Surveys (ESS) 2016.

Reply:

Yes.

(a) Not applicable.

(b) It is foreseen that roll out will be achieved by the end of the 2018/19 financial year in line with the Department’s Annual Performance Plan. The Department is working with the DPW on infrastructure readiness specifically at the Harbours. Six ports of entry to be upgraded to the EMCS:

Two landports:

Onseepkans and Ongeluksnek border posts

Four harbours

Mosselbay harbour

Saldana Bay

East London harbour

Ngqura harbour

Reply:

The Department is in process of modernising all core systems in order to enable efficient and secured service delivery to citizens. Development of systems is aligned to the Government Wide Enterprise Architecture (GWEA) as prescribed through Department of Public Service and Administration (DPSA); a standard that enables ongoing and future integration of government systems.

To date the Department has enabled online verification of clients by Government Departments, Banks, Insurance institutions and other private companies that have opted to participate. Online verification is available through direct integration with the Department’s database, and also for the law enforcements agencies that access through the Integrated Justice System (IJS) hub. The Department is in process of upgrading the current host of online verification which is the Home Affairs National Identification System (HANIS) to an Automated Biometrics Identification System (ABIS). ABIS will provide more powerful search and retrieval capability and reduce the turnaround times of results as required by SA Police Service and other law enforcement agencies.

Reply:

According to IEC:

The Electoral Commission has not awarded any tenders or contracts to Mchunu, Mashinini and Associates during the past five financial years.