Questions and Replies

Reply:

The information is tabulated hereunder:

	Department of Home Affairs (DHA) Response	DHA Response
	Budget spend on Advertising in 2015/16	Advertising Budget for 2016/17
(i)	R 10 882 439.95	R 5 654 000.00
	Government Printing Works (GPW) Response	GPW Response
(ii)	R 519 812.27	R 774 000. 00
	Electoral Commission of South Africa (IEC) response	IEC Response
(ii)	R 58 894 341.54	R 36 040 255.00

Reply:

(1-2) No.

Reply:

(1) The Electoral Commission did not keep a record of the number of valid

physical addresses on the final voters’ roll for the local government elections in 2001, 2006 and 2011.

(2) The Electoral Commission did not keep a record of the number of valid physical addresses on the final voters’ roll for the provincial and national elections in 2004, 2009 and 2014 elections. Following the Constitutional Court judgment in Kham on 30 November 2015, the Electoral Commission for the first time ahead of both registration weekend held in March and April 2016, produced a voters’ roll with addresses and requested registered voters to confirm or correct their address details on the voters’ roll. Following the last voter registration weekend in April 2016 the status of addresses on the voters’ roll is as follows on the table below:

Category	Number of Voters Affected
Voters with Addresses and REC AS	14,174,525
Potentially Incomplete Addresses	6,635,458
No Addresses	5,491,430
Grand Total	26,301,413

The different categories used in the table are as follows:

(a-b) The “complete addresses” category includes only those voters who have a complete conventional urban address with at least the following four line-items: street number, street name, suburb and town. The reason this category is defined in such narrow terms is because only addresses that meet all four of these requirements is definitely a complete address. It is accordingly the only assumption that can be fed into the database to obtain a definite figure of complete addresses. However, in response to the Kham Judgment, this category also included recent transaction during the Reg 1 and Reg 2 weekends and the category was expanded to include those who had submitted sufficient particulars in terms of the REC AS forms.

The “no addresses” category includes voters in respect of whom no physical residential address is captured. This includes: (i) voters whose Rec 1 forms have been lost; (ii) voters who have left the address section in the Rec 1 form blank or have indicated that they have no formal residential address (e.g. by writing the words “N/A” or “none” in the address section); and (iii) voters who have provided only a postal address.

The “potentially incomplete addresses” category is all the remaining addresses. Many, and possibly the vast majority, of these addresses are complete for the purposes of s 16(3). But it is impossible to determine whether they are complete by making general assumptions (for input into the database) without examining these addresses individually.

(3) As the records of the number of valid addresses were not kept it is impossible to make a determination of a reduction or increase. However since the decision of the Constitutional Court in Kham over 4 million addresses and sufficient particularities have been obtain from voters.

(4) Some REC 1 forms have been lost over the years as a result of mishaps and unexpected events – with REC 1 forms being lost in transit (as they move from voting/counting stations to local IEC offices to provincial warehouses) or damaged in storage. The IEC has not kept a catalogue of these incidents. Some of the incidents include the following:

(a) During 2001, flooding at a warehouse used by the IEC for storage of some of its records in eThekwini metropolitan municipality, KwaZulu-Natal destroyed a number of REC 1 forms dated 1998 and 1999.

(b)(i-ii) In Msinga local municipality in KwaZulu-Natal, the REC1 forms for the period 1998 to 2008 were erroneously discarded by a removal company when the IEC vacated a rented storage facility. This was discovered during the 2010/2011 bulk scanning project.

- A fire broke out at a Metrofile (Pty) Ltd warehouse in Pinetown, KwaZulu-Natal province on the night of 11 October 2013, where the IEC stored some of its records. This fire did not, however, result in any loss of voter data as the REC 1 forms destroyed in the fire had already been scanned and captured.

- On 15 November 2013, about 1,500 REC 1 forms were destroyed by fire during the unrest in the Metsimaholo Municipality, Free State.

- The Sol Plaatjie municipal electoral office in the Northern Cape was flooded in February 2014. This resulted in the loss of approximately 15,000 REC 1 forms.

- In March 2015, 3,900 REC 1 forms were destroyed by fire during community protests in the Mantsopa Municipality in the Free State.

Reply:

(1) No, because in the Department’s view the permission of Treasury was not required in such a case. This matter is the subject of litigation and is before the courts.

It should be pointed out however that the Department followed National Treasury Regulations and the relevant legislative provisions in awarding the tender. National Treasury was supplied with the Department’s procurement plan for the financial year 2013/2014 on 30 April 2013. This plan included inter alia, outsourcing VISA application services in South Africa. The contract was procured through Departmental bid / tender processes. A tender was advertised in the Tender Bulletin No. 2762 on 22 February 2013 in compliance with National Treasury Regulations.

While the term ‘visa processing’ is understood to be used loosely by the Member, it is important to point out that VFS Global does not process South African visas – it receives and transmits South African visa applications to the Department for adjudication and where relevant, visa production.

(2)(a) The contract was signed by the Director-General: Mr Mkuseli Apleni.

(2)(b) 05 September 2013.

(3)(a)(bi-ii) The VFS Company with which the Department has a contract is not to our knowledge, linked to and/or partly owned by any member of or subsidiary company belonging to the Gupta family.

The Department entered into a contract with VFS Global, which operates through its registered entity, VFS Visa Processing (South Africa) Proprietary Ltd, which is a subsidiary of VFS Worldwide Holdings Ltd that is registered in Mauritius, and the ultimate beneficiary owner of VF Worldwide Holdings Ltd is Kuoni Travel Holdings Ltd, registered in Zurich, Switzerland. According to VFS documentation and organisational structure, in Africa VFS Global operates in 10 countries through its registered corporate entities.

Reply:

(a-b) The naturalised citizens will be allowed to apply for the new Smart ID cards on completion of the National Identification System which would enable the online validation of the naturalisation certificates. Currently the certificates are validated manually.

(c) The date to allow naturalised citizens to apply for Smart ID Cards will be determined once the National Identification System is implemented.

Reply:

No, the security nature of Home Affairs and Government Printing Works business is not geared towards development programmes for small business and cooperatives but we do provide direct contractual work to small business where applicable.

Reply:

(1)(a)(i-ii) The following media channels formed part of the Electoral Commission’s registration communication initiatives in all nine provinces: Outdoor media (billboards), print media (newspapers, magazines, community newspapers and other publications), radio (including community, regional and national stations), television (including SABC, eTV, a variety of DSTV stations and community channels), digital media, social media and internet advertising). It must be noted that the media planning and implementation to promote registration during both the March 2016 and April 2016 registration weekends were identified and selected based on a variety of factors including target audience (especially aimed at eligible voters under 30 years old), available budget and cost efficiency, as well as the distribution of eligible voters around South Africa as informed by the Electoral Commission’s own databases and those of the media.

(1)(b) Electoral Commission does not segment its media purchases, planning or expenditure according to provincial boundaries. Most media transcend provincial boundaries (especially television, radio and digital/social media). It is therefore not possible to provide accurate data regarding the provincial split of media usage or expenditure per province as provincial expenditure is not tracked.

.However, the total spend on all media in all provinces to promote the two registration weekends in March and April 2016 was as follows: (Inclusive of VAT)

• Television: R28 552 505
• Radio: R21 581 577
• Print: R6 195 149
• Digital media: R17 964 903
• Outdoor media: R4 312 827

(2) Community print was used extensively to promote the first registration weekend in March 2016. A four-page guide to the 2016 Elections was published in six languages and 8.306 million copies were inserted into 325 community newspapers based in all provinces.

(2)(a) See attached list marked Annexure A of community newspapers used.

(2)(b) R4 683 622 (Inclusive of VAT)

1. Community radio stations (which included student radio stations) were included in the media plan for both registration weekends.

(3)(a) See attached list marked Annexure B of community radio stations used

(3)(b) R2 231 002 (Inclusive of VAT)

ANNEXURE A: PQ 1217 on IEC

(2)(a) List of community newspapers used:

African Reporter	Midweek Review
Alberton Record	Midweek Potch Herald
Alex News	Mmega District News
Aliwal Weekly	Mogol Post
Al-Qalam	Mopani Herald
Amanzimtoti Fever	Mossel Bay Advertiser
Athlone News	Mpumalanga Mirror
Atlantic Sun	Mpumalanga News
Barberton Times	Mpumalnga Commuter
Bedfordview & Edenvale News	Mthatha Express
Benoni City Times	Nelspruit Post
Berea Mail	Newcastle & District Advertiser
Bloemfontein Courant	Newcastle Express
BloemNuus/News	Newcastle Sun
Blouberg Today	Ngoho News
Boksburg Advertiser	Noordelike Nuus
Bolander	Noordkaap
Bonus	Noordwester Die
Bosveld Review	Noordwester/Oewernuus
Brakpan Herald	North Coast Courier
Breederivier Gazette	North Coast Times
Brits Pos	North Eastern Tribune
Bua Sedibeng News	North Eyethu
Bugle The	North West Independent
Bullein	North West Journal
Bulletin	Northcliff & Mellville Times
Cape Flat News	Northern Bulletin
Capricorn Voice	Northern News (Bellville/ Durbanville)
Carletonville Herald	Northern News (Goodwood/Parow)
Centurion Sun	Northern News (Kuilsriver/ Brackenfell/ Kraaifontein)
Chatsworth Rising Sun	Northern Star
Chatsworth Tabloid	Northglen News
Chiawelo Urban News	Ons Kontrei
City Vision Link	Onze Nuus
Coastal Weekly	Orange Farm News
Comaro Chronicle	Orange Farm Poortjie Indaba
Community Focus	Orlando Urban News
Constantiaberg Bulletin	Oudtshoorn Courant
Corridor Gazette	Our Times
Cosmo City Chronicle	Overport Rising Sun
Cosmos News	Overvaal
Courier	Paarl Post
CXPress	Parys Gazette
De Aar Echo	PE Express
Die Courant Swartland & Weskus	PE Express Indaba
Die Daller	People's Post Link
Die Ghaap	Phalaborwa Herald
Die Hoorn	Phoenix Tabloid
Die Pos	Pimville Urban News
Diepkloof Urban News	Pinetown & Hammarsdale Izindaba
Dikelethu News	Plainsman
District Mail	Platinum Weekly
Dobsonville Urban News	Polokwane Express
Drakenstein Gazette	Polokwane Observer
Dumelang News	Pondo News
Durban North News	Potchefstroom Herald
Eagle Eye News	Pretoria Record Central
East Griqualand Fever	Pretoria Record Centurion
Eastern Cape Mirror	Pretoria Record East
Eastern Cape Today	Pretoria Record Mamelodi
Eastern Free State Issue	Pretoria Record Moot
Echo Maritzburg Central	Pretoria Record North
Edendale Echo	Pretoria Record Noweto
Edendale Eyethu	Pretoria Record West
Eikestad Nuus	Protea Urban News
Ekasi News	Public Eye
Ekurhuleni News	Public Eye PMB
Eldorado Park Urban News	Queensburgh News
Eldorado Times	Randburg Sun
Estcourt & Midlands News	Randfontein Herald
eThekwini Times	Recorder
Excelsior News	Rekord – Nigel & Heidelberg
Express Eastern Free State	Reporter, The
Express Free State (Mangaung)	Richmond Times Group
Express Northern Cape	Ridge Times
Eyethu Amajuba	Roodepoort Northsider
Eyethu Bay Watch	Roodepoort Record
Eyethu Edendale	Rosebank Killarney Gazette
Eyethu Ilembe	Rustenburg Herald
Eyethu Intshonalanga	Sandton Chronicle
Eyethu Ugu	Sasolburg Ster
Eyethu Umlazi	Sedibeng Ster
Eyethu Umngeni	Seipone
Eyethu Uthukela	Sentinel News
Eyethu Zululand	Somerset Budget & Pearston Adv.
False Bay Echo	Sosh Times
Fordsburg & Mayfair Rising Sun	South Cape Forum
Fourways Review	South Coast Fever
Frankfort Herald	South Coast Herald
Free State Sun	South Coast News
Gemsbok	South Coast Sun
George Herald	Southern Courier
Germiston City News	Southern Mail
Glenwood Weekly Gazette	Southern Star
Go! & Express East London	Southern Suburbs Tatler
Graaff Reinet Advertiser/Karoo Nuus	Southlands Sun
Greater Alex Today	Soweto Express
Greenstone Guide	Soweto Times
Greytown Gazette	Springs Advertiser
Grocotts Mail	Standerton Advertiser
Harrismith Chronicle	Standerton Ibis
Hazyview Herald	Stanger Weekly
Heidelberg Nigel Heraut	Steelburger Inc. Lydenburg News
Heilbron Herald	Stellalander
Helderberg Gazette	Stellenbosch Gazette
Herald The, (Middelburg)	Streeknuus
Hermanus Times	Swartland Gazette
Highlands Panorama	Tabea News (Vaal Times)
Highveld Gazette	Tabletalk
Highveld Tribune	Talk of the Town
Highvelder/Hoevelder	Tame Times - Leseding News Bojanala
Highway Mail	Tame Times
Highway News (Pinetwon and Hammersdale Izindaba)	Tame Times Limpopo
Hillcrest Fever	Tame Times: Alberton, Bedfordview, Edenvale,Germiston, Johannesburg South and Boksburg
Hoedspruit Herald	Tembisan
Horizon	Thaba Chweu News
Ilembe Eyethu	The Beat Community Newspaper
Impact 24/7 News	The Cape Towner
Intshonalanga Eyethu	The Echo
Isolomzi Express	The Representative
Jabavu Urban News	The Soweto Bulletin
Jeffreys Bay Courant	Theewaterskloof Gazette
Joburg Eastern Express	Times of Ladysmith
Kalahari Bulletin	Tongaat/Verulam & Phoenix Sun
Kathu Gazette	Township Times
Kempton Express	Triangle Courier
Klerksdorp Midweek	Tshwane Sun Attridgeville
Klerksdorp Record	Tshwane Sun Central
Knysna Plett Herald	Tshwane Sun Hammanskraal
Kokstad Advertiser	Tshwane Sun Mamelodi
Kormorant	Tshwane Sun Soshanguve
Kouga Express	Tshwane Sun West
Kroonnuus	Tygerburger
Krugersdorp News	UD News
Kwêvoël	Umlazi Eyethu
Ladysmith Gazette	Umlazi Times
Ladysmith Herald	Umvoti Light
Laudium Sun	uPhongola News
Lenasia Rising Sun	Uvo Lwethu Express
Lenasia Times	Vaal Weekblad
Lentswe	Vanderbijlpark Ster
Leseding News - Bojinala	Vereeniging Ster
Letaba Herald	Victoria West Messenger
Life & Style	Village Talk
Limpopo Mirror	Vista
Lowvelder/Laeveder	Vryheid Herald
Mabopane Sun	Vrystaat
Mafikeng Mail	Vukani
Makhulu News	Weekend Review
Maluti	Weekly Gazette
Mangaung Issue	Weslander
Maritzburg Sun	West Side Urban News
Meadowlands Urban News	Westville Weekly Gazette
Meander Chronicle	White River Post
Merebank Rising Sun	Winelands Echo
Messenger	Witbank News
Mid South Coast Mail	Witzenberg Herald
Mid South Coast Rising Sun	Worcester Standard
Middelburg Observer	Your Money
Midlands News	Zeerust News
Midrand Reporter	Zola Urban News
Midvaal Ster	Zoutpansberger
	Zululand Observer

• END -

ANNEXURE B of PQ 1217

(3)(a) List of community radio stations used:

Aganang	Radio Alpha
Alfred Nzo	Radio Atlantis
Alx FM	Radio Botlokwa
BayFM	Radio Bushbuckridge
Bok Radio	Radio Eden
Bush Radio	Radio Islam
East Rand Stereo	Radio Kangala
EK Fm	Radio Kanyamazane
Ekhephini FM	Radio Khanya
eMalahleni Community	Radio Khwezi
Energy Fm	Radio Mafikeng
Forte FM	Radio Mafisa
Gamkaland	Radio Mohodi
Giyani FM	Radio Moletsi
Greater Lebowakgomo	Radio Moretele
Greater Middelburg	Radio Mosupatsela
Greater Tzaneen FM	Radio Moutse
Highway	Radio Naledi
Hlanganani	Radio Newcastle
Inanda FM	Radio Riverside
Inkonjane	Radio Rosestad
Izwi Lomzansi	Radio Sekgosese
Jozi FM	Radio Soshanguve
Karabo	Radio Sunny South
Kasie FM	Radio Takalani
KC	Radio Teemaneng
Koepel Fm	Radio TUKS
Kopanong	Radio Turf
KovsieFM	Radio Tygerberg
Lekoa	Radio Unitra
Lentswe Stereo	Radio Univen
Lephalale FM	Radio Vukani
Lethlabile	Radio Zibonele
Lukhanji	Sedibeng FM
Makhado FM	Setsoto FM
Malamulele FM	SKFM
MAMS FM	Star FM
Maputaland Radio	Thetha FM
Mdantsane FM	TshwaneFM
MFM	Tubatse
Mix FM	TUT Radio
Mmabatho	UCT Radio
Modiri FM	Umgungundlovu
Mogale FM	Valley FM
Motheo FM	Vibe FM
Mozolo	Village FM
Musina	Voice of the Cape
NFM	VOW
Nkomazi FM	VUT
Nkqubela Radio	Zebediela
Overvaal Stereo	Zululand
PE FM
Phalaborwa
PukFM
Qwa Qwa Radio

• END -

Reply:

Yes, citizenship was granted to 4 members of the Gupta family residing in South Africa as follows:

Gupta V, Date of birth (d.o.b) 14 July 1986

1. application approved 24 November 2015
2. section 5(1) of the SA Citizenship Act, 1995 (Act No 88 of 1995)

Gupta K, d.o.b 19 August 2015

1. application approved on 03 March 2016
2. section 5(4)(minors) of the SA Citizenship Act, 1995 (Act No. 88 of 1995)

Gupta A, d.o.b 30 December 1945

1. application approved on 27 July 2015
2. section 5(9) (exceptional circumstances) of the SA Citizenship Act, 1995 (Act No. 88 of 1995)

Gupta S, d.o.b 10 May 1970

1. application approved on 27 July 2015
2. section 5(9) (exceptional circumstances) of the SA Citizenship Act, 1995 (Act No. 88 of 1995)

Reply:

(1)(a)(i-ii) The new asylum applicants relate to family joining. In the main there are two categories of those joining the files of existing asylum seekers, namely: new-born babies and also dependents who were declared by the principal applicant when applying before the closure of the office and they have now made the move to South Africa to join their principal applicants under section 3(c) of the Refugees Act.

(1)(b) The number of backlog cases as reported to the UNHCR in 2015 is 144 233. At the time 80 315 cases were active on the system. Since the July 2015 report shared with UNHCR, the Department is undergoing a process to properly audit and undertake a project to deal with this backlog. The outcome of the audit, on completion, will confirm the appeal backlog.

(1)(c) The Department, working with the UNHCR, has put together a planning team that is developing a project plan for the appeal backlog. Such planning is being conducted in parallel with the file auditing process mentioned above to inform the plan.

(2) Most unfounded claims relate to the political climate in Zimbabwe. Most applicants with this type of decision cite persecution on the grounds of political affiliation and perceived failure by the government to deal with such persecution and harassment of political opponents.

(3)(a) The overall number of applications for refugee identification documents has been consistent throughout the indicated period. However, during the 2012/2013 and 2013/14 financial years, a backlog began to build up because of limited capacity and was eventually cleared in late 2014/15.

(3)(b) As indicated above, capacity challenges affected the percentage of applications being processed within the stipulated time frames. However, such challenges do not mean that the other 50% of applicants do not receive their identity documents. Instead, it means that they receive their documents but outside the stipulated turnaround time.

(3)(c) Currently there is no backlog in the processing of both refugee identity documents and travel documents.

Reply:

(1-2) No.

Reply:

Chinese nationals that have been granted:

(a) Permanent residence:

(i)(aa) 2012 = 19

(i)(bb) 2013 = 538

(i)(cc) 2014 = 1341

(i)(dd) 2015 = 542

(ii) Since 1 January 2016 = 127

(b) Work Visas:

(i)(aa) 2012 = 592

(i)(bb) 2013 = 1016

(i)(cc) 2014 = 909

(i)(dd) 2015 = 485

(ii) Since 1 January 2016 = 9

(c) Business Visas:

(i)(aa) 2012 = 109

(i)(bb) 2013 = 321

(i)(cc) 2014 = 328

(i)(dd) 2015 = 18

(ii) Since 1 January 2016 = 127

(d) South African citizenship:

(i)(aa) 2012 = 4

(i)(bb) 2013 = 16

(i)(cc) 2014 = 6

(i)(dd) 2015 = 5

(ii) Since 1 January 2016 = 1

Reply:

(a-b) The Independent Electoral Commission (IEC) has indicated that it is the Constitutional Court who arranged and conducted the interviews and incurred costs in this regard.

Reply:

Nationals from the African continent that have been granted:

(a) Permanent residence:

(i)(aa) 2012 = 209

(i)(bb) 2013 = 5984

(i)(cc) 2014 = 13594

(i)(dd) 2015 = 3565

(ii) Since 1 January 2016 = 398

(b) Work Visas:

(i)(aa) 2012 = 684

(i)(bb) 2013 = 616

(i)(cc) 2014 = 419

(i)(dd) 2015 = 1707

(ii) Since 1 January 2016 = 393

(c) Business Visas:

(i)(aa) 2012 = 474

(i)(bb) 2013 = 839

(i)((cc) 2014 = 1203

(i)(dd) 2015 = 51

(ii) Since 1 January 2016 = 2

(d) South African citizenship

(i)(aa) 2012 = 397

(i)(bb) 2013 = 846

(i)(cc) 2014 = 526

(i)(dd) 2015 = 570

(ii) Since 1 January 2016 = 129

 

Reply:

1. Yes. The department does have sustained intelligence driven integrated efforts with the Law Enforcement Agencies aimed at detecting corrupt practices by officials of the department who collude with criminals and organised syndicates to defraud DHA systems and processes.

The cases of identity theft that were dealt with by the department were isolated incidents, for instance, the Metro police official who was arrested for misrepresentation of the Late Registration of birth process by furnishing false details and acquired a RSA ID, following which he was appointed as a traffic officer. The Late Registration of Birth is a process that is afforded to people who could not have registered birth at an early stage for whatever reason. To this date, there has been no breach of the security devices built into the Smart ID Card.

Detection mechanisms and process reviews are conducted regularly in the areas of Asylum Seeker Management, ID Smart Card, Supply Chain Management, IT Modernisation and Permitting with the view of identifying corruption and security loopholes and developing mitigating strategies to address these shortfalls.

During the 2015/ 16 financial year, forty two (42) arrests were carried out for fraud and corruption. Officials constitute 57% of the arrested while non-officials make 43%.

(2) As part of government‘s Minimum Anti-Corruption Capacity requirement, the department has a dedicated anti-Corruption Unit where fraud and corruption is reported and investigated. Reporting mechanisms are the National Anti-Corruption Hotline: 0800701701 and email address: report.corruption @dha.gov.za.

Reply:

(1) Yes, the department has specialised units which investigate and deal effectively with identity theft resulting from illegal activities within the department and erroneous or fraudulent death registrations.

(1)(a) The number of cases of fraudulent or erroneous death registrations during the period for which statistics are available were 6113.

In the case of identity theft and fraud resulting from an identity document being lost or stolen whilst in the owner’s possession, this is a criminal matter and it is recommended that this specific question be referred to the South African Police Service, which handles these criminal investigations.

(1)(b) The turnaround time required to resolve cases is six to eight (6-8) weeks dependent on the nature of the submission by the citizen concerned and all required supporting documents to expedite the department’s investigation.

(1)(c) All reported cases where full supporting documents were furnished were concluded within 90 (ninety) days.

(2)(a) The department issues media statements and uses various forms of media to address the scourge of problems within the department and to inform the public accordingly. Some are addressed through print media (newspapers) or direct interviews on media shows. The department also uses this medium to inform and sensitise the public on matters such as identity theft and false death registrations.

(2)(b) The department is in the process of modernising its systems to curb the issues of identity theft (through the rollout of the Smart ID Card) and fraudulent death cases (through more stringent Registration procedures).

Reply:

(1)(a-b) For 2013-2014 financial year 52 officials were placed on precautionary suspension whilst allegations of fraud and corruption were investigated. The table below indicates the offices and the rank (positions) held.

Office	Rank (Position)
BRAKPAN	2
Front Office Clerk	2
BVR	1
Senior Admin Clerk	1
CALEDONSPOORT	6
Control Immigration Officer	1
Immigration Officer	5
CARLETONVILLE	1
Local Office Manager	1
JEPPE'S REEF	2
Control Immigration Officer	1
Immigration Officer	1
KING WILLIAMS TOWN	1
Front Office Clerk	1
MARABASTAD REFUGEE RECEPTION CENTRE	4
Immigration Officer	1
Refugee Status Determination Officer	3
O R TAMBO INTERNATIONAL AIRPORT	12
Control Immigration Officer	1
Immigration Officer	11
OSHOEK	2
Immigration Officer	2
PHALABRWA	1
Senior Admin Clerk	1
POLOKWANE REGIONAL OFFICE	1
Immigration Officer	1
PORT ELIZABETH REGIONAL OFFICE	1
Control Immigration Officer	1
PORT ELIZABETH REFUGEE RECEPTION CENTRE	10
Refugee Reception Officer	5
Refugee Status Determination Officer	2
Refugee Status Determination Manager	1
Senior Admin Clerk	1
SECURITY OFFICER	1
PRETORIA: LARGE OFFICE	1
MOBILE TRUCK DRIVER	1
PROSPECTON	1
Front Office Clerk	1
TIRRO REFUGEE RECEPTION CENTRE	1
Refugee Reception Officer	1
VANDERBIJLPARK	1
Immigration Officer	1
WITBANK	3
Immigration Officer	3
ZULULAND LOCAL OFFICE	1
Front Office Clerk	1
Grand Total	52

For 2014-2015 financial year 22 officials were placed on precautionary suspension whilst allegations of fraud and corruption were investigated. The table below indicates the offices and the rank (positions) held.

Office	Rank (Position)
BRAKPAN	2
Front Office Clerk	2
CHIEF DIRECTORATE: EMPLOYEE ENGAGEMENT	1
Director	1
KING WILLIAMS TOWN	1
Front Office Clerk	1
KOKSTAD	2
Immigration Officer	2
MARABASTAD REFUGEE RECEPTION CENTRE	1
Immigration Officer	1
O R TAMBO INTERNATIONAL AIRPORT	5
Immigration Officer	5
OSHOEK	2
Immigration Officer	2
PRETORIA: LARGE OFFICE	1
Mobile Truck Driver	1
PRETORIA:LARGE OFFICE	2
Immigration Officer	2
SASOLBURG	1
Chief Admin Clerk	1
WITBANK	3
Immigration Officer	3
ZULULAND LARGE OFFICE	1
Front Office Clerk	1
Grand Total	22

(2) For the 2013-2014 financial year, 57 employees were dismissed for fraud and corruption related misconduct. For the 2014-2015 financial year, 45 employees were dismissed for fraud and corruption related misconduct.

Reply:

(a) I will ensure the department looks into this matter.

(b)(i) The status of undesirability can be reversed by appealing against the decision.

(b)(ii) The appeal can be sent to [email protected].

Reply:

(1) I have now been made aware of this matter.

(2) The department has not as yet conducted any investigation.

(3) The department will conduct an investigation into the circumstances surrounding this matter and will inform the client of the outcome.

Reply:

The order of the Constitutional Court directs the Electoral Commission to provide a voters’ roll with addresses to political parties contesting elections where such addresses are available. This order affirms a standing statutory provision in section 16 (3) of the Electoral Act (27 of 1998) which provides as follows:

“…………………., the chief electoral officer must, on payment of the prescribed fee, provide copies of the voters’ roll or a segment thereof, which includes the addresses of voters, where such addresses are available, to all registered parties contesting the elections.”

Therefore the judicial and statutory dependency to the provision of a voters’ roll with addresses to contesting parties is where such addresses are available.

The Electoral Commission has nonetheless, taken a decision to proactively procure addresses of voters where such are not on their records. In this regard, a number of initiatives are either underway or about to be implemented. I presented below some of these initiatives:

• A communication campaign was initiated in the period leading up to the voter registration weekend of 5-6 March 2016, for all voters to inspect the voters’ roll with a particular focus on the address details and providing same necessary;
• Re-focusing the communication campaign for the second registration weekend on the 9-10 April to highlight the need for voters to furnish addresses at the registration stations;
• Procuring address data from a variety of data sources such as municipalities, other state agencies and commercial providers;
• Changing the response message on the Short Message System (SMS - 32810) to indicate to voters to furnish address details where such are not on the records of the Electoral Commission; and
• Conducting a voting district based field work to visit persons whose addresses details are not on record.

Reply:

(a-c) The department has not awarded any contracts indirectly or directly to companies owned by certain persons in the 2012-13, 2013-14 and 2014-15 financial years.

(i-ii) Falls away

Reply:

The information is tabulated hereunder:

	2012-13	2013-14	2014-15
(i)	O times	Two adverts - once	One advert - once
(ii)	R0	R 521,887.44	R 126,840.96

The placement of the adverts on the New Age Newspaper for the respective years was on the following matters:

2013-14:

• Duplicate ID Case Resolution Campaign
• Government Plan on the Extension of Working Hours During Festive Season at Ports of Entry.

 

2014-15:

• Multimedia Campaign to intensify Communication on the National Population Registration Campaign (NPRC).

It, however, must be noted that the department has similarly also bought advertising space on the above matters in other newspapers such as The Star and Beeld during the respective 2013-14 and 2014-2015 financial years.

Reply:

In general there is no high influx of clients seeking unabridged certificates (UBC) at our offices. No long queues are experienced solely for the purposes of UBCs at any of our offices in the provinces. The only exception was during the past festive season and we envisage the same during holidays/ peak travel season. However, letters in lieu of Unabridged Birth Certificates are issued to clients who applied and did not receive the Unabridged Birth Certificates for travelling purposes within our turnaround time.

Applications taken are captured daily to improve turnaround time. All the queries received, including those for Unabridged Birth Certificates, are attended to on the spot and clients are not turned away due to this department not being able to process their certificates.

Reply:

(a) There are no vacant posts in the Ministry.

(b-c) Not applicable.

 

 

Remarks: Reply: Approved / Not Approved

Mkuseli Apleni Malusi Gigaba, MP

Director-General Minister of Home Affairs

Date: Date:

Reply:

Yes, the Minister of Home Affairs entered into a performance agreement with President JG Zuma for the 2014-2019 term of office.

a) The following key indicators and targets from the MTSF are reflected in the agreement:

• Establish the Integrated Border Management Agency (BMA).

• Develop an Over-arching Strategy to defend, protect, secure and ensure well-managed borders and ensure it is fully implemented by 2018/19.

• Ensure that registration at birth is the only entry point for SA to the new national identity system (NIS):
• By 2018/19, 90% of total births registered within 30 calendar days as prescribed by law (approximately 950 000 births to be registered by 2018/19).
• Ensure that systems are in place to enable the capturing of biometric data of all travellers who enter or exit SA legally:
  • All designated ports of entry equipped with biometric systems capable of processing 100% of travellers (for ports equipped with EMCS) by 2018/19.

• Reduce regulatory burdens and reduce the time required for importing requisite skills for the economy and for investment, including by introducing a “one stop shop” at government level: 
  • Changes to subsidiary legislation on immigration to facilitate the importation of economic important skills and for workers as identified by economics and infrastructure departments, SOCs and producers.

• Maximum period for approval to import required skills:
  • 3 months approval from application to approval for import of skills for productive investors and SOCs.

• Improved feedback opportunities for citizens and other service users:
  • Improvements in facilities based on repeat monitoring and feedback.

b) No formal performance assessments have been undertaken but the MTSF indicators and targets in the agreement are monitored through departmental reports to clusters, cabinet memoranda and through Minister’s bilateral with the President

c) Refer to attached table marked Annexure A for progress against MTSF priorities.

d) The environment and the complexity of issues within which the Department of Home Affairs (DHA) has to function in the implementation of key priorities such as the immigration policy and Border Management Agency is a highly contested one. Also the perception is that the DHA is a purely administrative department. Without recognising the need for the DHA to function within a highly secure environment this can be an obstacle. This has also exacerbated the historical under-funding of the DHA over time.

e) In order to address some of the challenges the Department will be developing a business case to reposition the DHA as a highly secure, professional and modern department. Some of the key priorities include the following:

• Completion of the Modernisation Programme with the main deliverables being integrated digital systems and re-engineered processes managed and protected by the required compliment of effective professionals.
• Upgrading of key ports of entry focusing on the piloting of a new model with significant improvements in respect of infrastructure, processes and leadership.
• Comprehensive review of the Immigration Policy culminating in the approval of a Green Paper and White Paper and new comprehensive legislation drafted.
• Improving client experience through leadership – the Moetapele programme.
• Improved stakeholder consultation and forging of partnerships with the private sector to deliver on key departmental priorities, for example signing of memoranda of understandings with the banking sector for issuance of smart ID cards and passports.

Reply:

The rollout of smart ID cards by the Department has been implemented in phases. The first phase focuses on South African born citizens and those born abroad from South African parents. The second phase will be based on other categories including naturalised citizens as there is a need to verify their records.

Currently records for naturalised citizens are archived in manual paper form. The Department is to set up a mechanism to digitise such records first to enable verification of naturalised citizens with ease. An announcement will be made by the Department once such process is concluded.

Reply:

The Department of Home Affairs does not have information about this alleged appeal. A request from an organisation such as Cage Africa to the South African government should follow proper channels and be submitted through the Department of International Relations and Cooperation (DIRCO).

Reply:

It is the duty of the political parties to ensure that their voters turn out to vote on Election Day.

 

Reply:

The ideal would be for the department to have an electronic Document Management System. An electronic system for all applications for visas, permits and refugee IDs and travel documents would obviate the need to keep paper applications since applications would be scanned. All applications would be electronically available for processing and used when needed. This will also alleviate filing space constraints currently a problem at head office.

In line with the above vision, the department has recently introduced an electronic application process for visas and permits, which allows for applications and supporting documents to be scanned and be available in electronic format, thus easing the process of retrieval of records. It also facilitates obtaining statistics on operations and performance. Whilst there are some implementation glitches, which are being addressed as and when they occur, the department expects the system to be fully embedded during the next financial year. 

Reply:

(a) The amount of irregular expenditure incurred by the Department of Home Affairs increased from R730 000 in the 2013/14 financial year to R1 809 000 in the 2014/15 financial year. The reasons for the increase in the amount disclosed as irregular expenditure are:

• Use of single quotation without approval for a deviation;
• Motivation for a deviation was considered not justifiable by the Auditor General;
• Failure to incorporate local content component in the bid for the office furniture; and
• The controls that have been introduced by the department to effectively detect and report all irregular expenditure. In this regard, it should be noted that the department itself identified 50% of the irregular expenditure disclosed in the 2014/15 financial year.

(b) Details of the irregular expenditure for 2014/2015 financial year are attached as Annexure A.

Reply:

Ministerial commitments are ongoing in nature. The assessment as to whether these commitments were implemented or are still in progress is done by the Auditor-General of South Africa (AGSA). Until such time as the department obtains a clean audit outcome, the AGSA is likely to report that these ongoing Ministerial commitments will remain work in progress. Clearly the onus rests on the department to convince the AGSA that it has improved its asset management, accountability of reporting from the regions, leadership, financial accountability, record keeping and has implemented proper financial management processes and credible action plans before the AGSA will agree that these commitments were fully implemented.

Reply:

(a)(i) According to the National Immigration Information System (NIIS) system there are around 144 200 appeal cases defined as backlog, and around 80 315 of these cases appear to be active on the system.

(a)(ii) The causes of the delay in the adjudication of appeal cases is as follows:

• Presently there are five Refugee Appeal Board Members, including the Chairperson, serving five Refugee Reception Offices (Pretoria, Musina, Durban, Port Elizabeth and Cape Town) in the whole of South Africa. Most of the applications from these offices are rejected as unfounded and they end up at the Refugee Appeal Board.

 

• In the past members of the Refugee Appeal Board (RAB) used to seat as single members for each appeal hearing. However, following a number of judicial review applications challenging composition of the Board members in the appeal hearing, the RAB is now compelled to seat as a quorum for hearings. Being five members of the Board, three members must be seated to constitute a quorum for each appeal hearing.

• It is also not helping that previous RAB decisions, back-dating before the Western Cape High Court case of Harerimana in December 2013, are challenged on the quorum issue and end up being settled out of court on condition that they are reheard before a properly constituted quorum, and there are many such cases.

- Present legislation (the Refugee Act 130,1998) does not make provision for appointment of part time Board Members, so it is not legally possible to appoint part-time Board Members for backlog projects.

- As much as the Board makes efforts to adjudicate appeals already heard, there is also a high number of appeals scheduled to be heard by the Board. The RAB tries to balance the number of cases it hears with those that are adjudicated.

- The decision making process requires extensive research on latest possible country of origin information, International Refugee Law and Case Law because of the complexity of most cases that have to be adjudicated and it is not always easy to get access to these sources of information.

- The RAB decisions need to be carefully constructed because sensitive human rights issues are being dealt with; some of which in their nature are matters of life and death. The RAB has to apply its mind to the facts of each case in compliance with Public Administrative Justice Act, The Constitution, The Refugee Act, International Refugee Law and other Human Rights Instruments before coming to a particular decision.

(b) It is presently not possible to provide a time-frame because the appeal cases dealt with differ in terms of their profiles and complexity. Some appeal cases are simple and straightforward and some are high profile and complicated cases that require in-depth research and legal consultation.

However, during the RSA-UNHCR High Level Bilateral Meeting in Geneva, in July 2015, the two parties agreed to development of a backlog project to address the outstanding appeal cases pending with the RAB. Provided enough human capacity and financial resources are made available, the backlog could be cleared by financial year end in March 2019.

Reply:

1. The Riverside Office Park lease contract was determined to be irregular in the year ended 31 March 2011 and the rental and operating costs relating to the lease for the year then ended were disclosed in the annual financial statements for that year. In terms of the rules relating to irregular expenditure however, the expenditure needs to be incurred before it can be determined to be irregular, and as the lease is a 10 year agreement further irregular expenditure will be incurred and disclosed in each year until such time as the lease expires or is set aside. Each year, as is required, National Treasury is notified of the irregular expenditure incurred.

2. In line with the recommendations as contained in the Public Protector’s Report, a disciplinary process was instituted against the implicated officials. The respective officials sought to review the rulings of the Chairperson of the disciplinary committee made at the commencement of the disciplinary enquiry.

The review was heard in the Labour Court on 15 September 2015 and on 1 October 2015. The officials’ application was dismissed with no order as to costs. The disciplinary proceeding was then scheduled to be continued from 9-13 November 2015. However, the officials filed an application for leave to appeal the judgment of 1 October 2015. Lawyers have been instructed to oppose the application for leave to appeal and have done so.

The officials’ lawyer in the appeal papers requested the judge to consider the matter in chambers, but prior thereto, furnish the parties with dates by when the parties’ heads of arguments must be filed. The parties now wait for directions from judge.

3. The Commission seeks relief for review and set aside of the lease agreement and addenda thereto. The Commission also seeks to institute a new procurement process to conclude a new lease for the premises and to suspend the existing one (assuming the court finds the procurement process was flawed) upon finalisation of a new procurement process.

The Commission is further addressing this matter through its Risk Management Committee.

Reply:

(a-b) There were no vacant management posts that were advertised and put on hold in order to be re-advertised. The Director: Security Services was advertised and as no suitable candidate was identified, the post was re-advertised. The General Manager: Strategic Management position was advertised and as some of the shortlisted candidates were no longer available, the post will be re-advertised. Advertised management posts will only be put on hold in the event of changes in functions and/or re-advertised in the event a suitable candidate was not identified.

Reply:

The intangible assets for which inadequate financial records were found, as per the audit findings, are kept electronically in the form of the master register in line with the Electronic Communications and Transaction (ECT) Act 25 of 2002. This is in conformance with paragraph 17(1) under production of document or information which states that subject to section 28 “where a law requires a person to produce a document or information, that requirement is met if the person produces, by means of data message, an electronic form of that document or information”.

The intangible assets refer to software applications acquired from external service provider(s), that evinced financial implications for the department during 2013-2014 financial year. The asset register submitted to the auditors excluded professional services and software licences, as the department deemed these to be expenses and therefore should not be capitalised. However the auditors advised otherwise as they regarded these as professional services and developmental costs that must be capitalised.

The qualification audit report is based on the inclusion of the professional services and software licences as per the advice of the Auditor General, whilst the department felt that it should have been excluded due to the irrelevancy in terms of them no longer being in use.

These inclusions meant that the closing balance will be adjusted to reflect the amendments.

Reply:

1. The total number of uncollected Smart ID Cards at the department in each province as at 10 November 2015 is as follows :-

Free State : 12 832

Eastern Cape : 27 151

Kwazulu-Natal : 29 324

Western Cape : 20 027

Limpopo : 22 838

Gauteng : 43 476

Northern Cape : 7 071

North West : 13 456

Mpumalanga : 11 335

Gauteng (Banks ) : 289

Total : 187 799

2. In order to ensure that Smart ID Cards which have already been issued are collected, applicants are informed when their Smart ID Cards are ready for collection via the SMS system utilised by the Department. An SMS is forwarded to confirm receipt of the Smart ID Card at the office of application for collection by the applicant.

Two follow-up reminder SMSs are also forwarded should the Smart ID Card not be collected by the applicant.

During izimbizo and outreach campaigns, citizens are also reminded to collect their Smart ID Cards.

Reply:

The Government Printing Works (GPW), as a government owned business, and a Government Component, must seek permission from National Treasury at the end of each financial year to retain surpluses generated from its operations during that financial year. Once permission is granted the GPW is compelled to bank that surplus in the Paymaster General’s Account, which does not generate interest. It then uses those surpluses in subsequent years to fund the renovation of its facilities, and the purchase of new printing equipment.

Reply:

The electronic gazette (E-Gazette) services that the Government Printing Works has introduced focus on two elements of distributing government information. These are:

(i) Electronic processing of notices that the various government departments as well as other private advertiser submit for consolidation into published gazettes, through an E-Gazette system. The size of the gazette is determined by the number of submitted notices – and the increased number of pages in the published[1] gazettes indicates the growth in the notices submitted for publishing.

(ii) The electronic access of gazettes online enabling interested parties to download them from Government Printing Works’ website.

The Government Gazette statistics reported in the Annual Report are of the published editions vs printed copies.

The number of published gazettes’ pages has indeed not declined; and this is due to the increase in notices submitted.

 

 

 

 

1. Published refers to the consolidated electronic gazette before it is printed into hard copies ↑

Reply:

Expanding the security printing services of Government Printing Works (GPW) to other African countries remains a priority for GPW. The Chief Director for Marketing and Stakeholder Relations is responsible for this work and actively seeks out and applies for tenders for security printing such as printing of ballot papers for other African countries. The only current contract the GPW has for such work is the printing of the African Union passport.

Reply:

The Government Printing Works (GPW) is a Government Component, and as such is obliged, according to the Government Immovable Asset Management Act No 19, of 2007, to use the Department of Public Works to purchase or lease buildings and to conduct improvements to State property.

Reply:

1. During the 2014/15 financial year, the Government Printing Works (GPW) took on average less than 25 calendar days to pay its creditors, including suppliers from abroad. There are no lengthy payment cycles.

2. The GPW pays its suppliers during the normal course of business and thus there is no negative effect on its finances.

Reply:

(1) There are two categories of duplicate cases, namely where one person

has multiple identity numbers and multiple persons sharing one identity

number.

(1)(a) The total number of cases that were reported in 2011 in each category

were ( opening balances ):

• one person with multiple identity numbers : 460 000
• multiple persons sharing one identity number : 49 233

(1)(b) The total number of cases that were reported in 2012 in each category

were ( opening balances ):

• one person with multiple identity numbers : 100 701
• multiple persons sharing one identity number : 38 318

(1)(c) The total number of cases that were reported in 2013 in each category

were ( opening balances ):

• one person with multiple identity numbers : 65 523
• multiple persons sharing one identity number : 27 639

(1)(d) The total number of cases that were reported in 2014 in each category

were ( opening balances ):

• one person with multiple identity numbers : 13 349
• multiple persons sharing one identity number : 12 420

(1)(e) The total number of cases that were reported since 1 January 2015 to

date in each category were ( opening balances ):

• one person with multiple identity numbers : 3 609
• multiple persons sharing one identity number : 9 908

(2) The total number of the specified cases which have been resolved in

each category are as follows :-

one person with multiple identity numbers : 558 853

multiple persons sharing one identity number : 40 494

(3)(a) The number of cases which are still pending resolution in each

category are:

• one person with multiple identity numbers : 12 464
• multiple persons sharing one identity number : 8 739

(3)(b) The causes of delays in resolving cases are:

 

• Clients not lodging applications in offices.

• Delays by clients in submitting the required supporting documents;

• Non-submission of supporting documents in cases of identity numbers that were acquired fraudulently ;

• Complexity of cases results in time-consuming investigations.

(4)(a) The reasons identified for the duplication of identity numbers have

been identified as:

• Mis-identification of fingerprints during the previous manual verification process;

 

• The swapping of fingerprints;

• The theft of birth certificates for children who have not yet applied for an identity document.

(4)(b) The measures put in place by the Department to prevent the

duplication of identity numbers in the future are:

• The introduction of HANIS (Home Affairs National Information System) in 2007 to digitise all good quality manual fingerprint records;

 

• The introduction of the live capture system where clients’ fingerprints are captured live ;

• The introduction of unabridged birth certificates where both parents are linked;

• Registration of birth at an early stage i.e. within 30 Days.

Reply:

No, therefore (a-c) falls away.

(d) The Immigration Regulations, 2014 defines a "learning institution" as-

(a) an institution of higher education established in terms of the Higher Education Act, 1997 (Act No. 101 of 1997); or

(b) a college established in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), but does not include-

(i) a school offering further education and training programmes under the South African Schools Act, 1996 (Act No. 84 of 1996); or

(ii) a college under the authority of a government department other than the Department of Higher Education and Training; or

(c) a school contemplated in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996);

Reply:

(1-2) The department is unable to provide the information as its obligation extends only to keeping record of the number of documents it issues to its citizens and not that of the foreign countries.

Reply:

a) The Department uses LOGIS system for travel which does not provide field for recording purpose of trip as it is a procurement system.

b) Transactions are fully recorded on LOGIS as required by Standard Chart of Accounts as prescribed by National Treasury. There is no field that caters for the purpose of the trip.

Reply:

The Cabinet has tasked the Office of the Deputy President to deal with all Inter-Ministerial Committee (IMC) related matters, including the possible unintended consequences of the visa regulations. I, therefore, recommend that such matters be referred to Deputy President’s Office.


END

Reply:

(1-2) The total amount used on travel by the department for Minister and Deputy Minister is made available on 2014/15 Annual Report tabled in Parliament in September 2015.


END

Reply:

(a-b) No, the Smart ID Card remains the most highly secured form of identification ever produced with sophisticated security features that are not corruptible. No corruption cases have been detected during the roll out of Smart ID Card process.

i) None.

ii) Not applicable.

iii) The department does not issue fraudulent Smart ID Cards.

 

Reply:

(1) According to available information, there are 16 353 South Africans for the period 2011 to 2015.

(2) The top five countries are Australia, Britain, Canada, Ireland and United States of America.

(3)(a) 2032

(3)(b) 2032

Reply:

(a)   (i-ii) The immigration officials working on the borders of Lesotho and Swaziland have not reported any cases specifically relating to human trafficking in the mentioned financial years.


END

Reply:

(a-b) The department is not significantly underspending on its budget allocations and continues to face serious budget pressures that constrain it from properly maintaining and improving its current office accommodation and expanding its footprint. These budget pressures also limit the department from refreshing its hardware and computer infrastructure on a planned basis. In this regard, it should be noted that the department utilised its full appropriation of R7,223 billion (100%) in the 2014/2015 financial year. This is an improvement on the expenditure outcome in the 2013/2014 financial year when 99,99% of the full appropriation of R6,994 billion was spent. National Treasury is engaged constantly to address the budget pressures the department faces. Treasury has in the past provide budget relief in the form of self-financing.


END