Questions and Replies

Reply:

1. The Justice, Crime Prevention and Security Cluster (JCPS), which the Department is part of and which now also includes the Border Management Authority (BMA), has developed a strategy to deal with countering illegal mining throughout the country. There is special focus on four provinces namely Gauteng Province, North-West Province, Mpumalanga and Limpopo Province due to the history of mining.

2. The counter-return operations include other law enforcement agencies.

3. The JCPS Cluster is working on additional funding requests for counter-return operations.

END

Reply:

1. We have strengthened the verification process of bank statements and other supporting documents. We have had engagements with banks to secure nodal persons to assist in verifications. Weekly meeting are being held with the eVisa adjudicators to review their process and enforce the verification process and update their SOP. Cases that require in depth investigation will be referred to the mission for interview and verification of supporting documents. Missions are engaging the local banks to also inform them of the need to verify their bank statements.
2. No, the system is working, it only requires enhancement for verification process.
3. The system will be further enhanced to assist with detection of duplication use of sponsors and their contact numbers and duplication of accommodation information.

END

Reply:

1. The Memorandum of Understanding with the banks will be extended to 31 March 2024.

(2)(a) ABSA, Discovery, FNB, Investec, Nedbank, Standard Bank.

(2)(b) Total number of bank branches is 29 and the breakdown is depicted below:

• ABSA: 5
• FNB: 7
• Nedbank: 6
• Standard Bank: 9
• Investec Bank: 1
• Discovery Bank: 1

END

Reply:

a) The Department received three (3) complaints of Sexual Harassment in the financial year 2022/2023.

b) All cases (3) were investigated and two complaints were found to be substantive and one was not, owing to lack of evidence.

c) One of the two cases found to be substantive, the perpetrator was charged and found guilty and the sanction of two months’ suspension without pay was pronounced by the Chairperson.

On the other substantive case the matter was investigated and the perpetrator charged, but during the process of the hearing the complainant passed on.

END

Reply:

The Honourable Member is herewith informed that Diplomatic passports are issued according to the South African Diplomatic Passport Policy and that the Department of Home Affairs is not the custodian of this policy, and similarly not responsible for the application(s) as well as the issuance of this category of passports whatsoever. Hence it is requested that any information relating to Diplomatic Passports should be addressed to the Department of International Relations and Co-operation (DIRCO).

END

Reply:

The Department and entities have responded as follows:

(i) Department of Home Affairs (DHA)

(a)(aa) 2020-21: R340 400

(a)(bb) 2021-22: R309 350

(a)(cc) 2022-23: R222 710

(b) 2020-21: Government Printing Works

2021-22: Government Printing Works

2022-23: Makgoka Consulting provide the editing, layout and design while Government Printing Works provided the printing services.

(c) 2020-21: 1000

2021-22: 500

2022-23: Intended number to print is 100

(ii) Independent Electoral Commission (IEC)

(a)(aa) 2020-21: R146 520

(a)(bb) 2021-22: R 97 128

(a)(cc) 2022-23: Still in progress

(b) 2020-21: Inside Data South (Pty) provided the service

2021-22: Fine Art Printers provided the service

2022-23: Still in progress

(c) 2020-21: 800

2021-22: 600

2022-23: Still in progress

(iii) Government Printing Works (GPW)

(a)(aa) 2020-21: The GPW Annual Report was designed internally and a PDF copy produced for tabling in Parliament and Publishing on the GPW’s website. No hardcopies of the Annual Report were printed.

(a)(bb) 2021-22: The GPW Annual Report has been designed internally and a PDF copy produced for tabling in Parliament and Publishing on the GPW’s website. No hardcopies of the Annual Report were printed.

(a)(cc) 2022-23: The 2022/23 Annual Report is not yet produced due to an audit that has just commenced in August 2023, by the Auditor General of South Africa.

(b) 2020-21: Annual Reports were designed internally by GPW and PDF copies produced.

2021-22: No hardcopies of the Annual Reports were printed as only PDF copies were produced.

2022-23: In progress

(c) 2020-21: GPW did not print any hard copies of its annual report except development of the PDF copy.

2021-22: GPW did not print any hard copies of its annual report except development of the PDF copy.

2022-23: Annual Report is not yet produced due to an audit by the Auditor General of South Africa that has just commenced in August 2023. that has just commenced in August 2023.

END

 

Reply:

(1)(a) I issued a Notice calling upon nominations for appointment of individuals to the Electoral Reform Consultation Panel (the “Panel”). Nominations have been received and the nominations are currently being analysed. As required, under section 23 of the Electoral Amendment Act, 2023 (Act No. 1 of 2023) (the “Amendment Act”), the Minister is enjoined to establish the Panel in consultation with the Independent Electoral Commission (the “IEC”). Further, as contemplated in section 23(8)(b) of the Amendment Act, the Minister must appoint nine (9) members to the Panel.

(1)(b) The Minister is still considering the nominations received. The Minister is required to consult with the IEC. It is also important to indicate that section 23(8)(b) of the Amendment Act enjoins the Minister to appoint members of the Panel after approval of the candidates by the National Assembly.

(1)(c) Section 23(14)(b) of the Amendment Act requires the Minister to determine the remunerations and allowances in consultation with the Minister of Finance. The Minister will consult with the Minister of Finance in this regard.

2. The Minister has not, as yet, established the Panel. The Minister is still considering the nominations received.

3. The work relating to Coalition Government is done through the Office of the President.

END

Reply:

1. Section 12 of the Identification Act, 1997 (Act No.68 of 1997) provides for the “Verification of particulars” and states as follows:

“The Director-General may—

(a) request any person to furnish the Director-General with proof of the correctness of any particulars which have been furnished in respect of such person in any docurnent in terms of this Act; and

(b) investigate or cause to be investigated any matter in respect particulars are required to be recorded in the population register.”

In order to comply with the above Act, the person referred to herein was to furnish the Department with duly completed DHA-9, DHA-24, DHA-288 forms and a copy of mother’s ID for the case to be finalised. It should be noted that Mr Nkeane Shebangane Reginald indeed visited the office during February 2023 and was again requested to avail the outstanding documents. To redress the matter, the Department has visited Mr Nkeane in June 2023 and provided him with the necessary support to complete the above required forms and as such his matter has been amicably resolved. The markers set on his identity number have been lifted as a result.

(2)(a) The investigation has been conducted and the outcome is that the ID was fraudulently used by a Lesotho national who was deported in 2008. In August 2009 the fraudster applied for an ID upon which his fingerprint matched with a foreign fingerprint record belonging to a Lesotho contract worker. On the 23rd November 2009, a message was placed on the system that the applicant needs to be subjected to an interview. On 21 December 2010, a secondary message was placed on the system requesting for an Immigration Questionnaire, a Recommendation letter and a Renouncement letter to renounce the ID number as it was already used by a foreign national. On 28 August 2012, Mr Nkeane was interviewed by Immigration Services Branch and the investigation report sent to Head Office. After investigation by Head Office, it was concluded that Mr Nkeane was sharing the identity number with a foreign national from Lesotho. Mr Nkeane however insisted on maintaining his original ID number. On 27 September 2012, a final message was placed on the system that Mr Nkeane must submit a fully completed DHA-9 application to upload his fingerprints in the system so that his matter is finally resolved. The outstanding documents were received in June 2023 and the matter has been finalised.

(2)(b)(i) There are 13 090 files where outstanding documents are needed from clients before cases can be finalised. Clients are informed telephonically and/or through correspondence.

(2)(b)(ii) Delays are caused by non-responsiveness of clients.

END

Reply:

1. The mechanisms to oversee the designation of funeral parlours are stipulated on Section 29(1) of Regulations on the Registration of Births and Deaths Act which provides the requirements as follows:

“An application for designation as a funeral undertaker in terms of section 22A(1) of the Act must be made on Form DHA–1774 illustrated in Annexure 21 and be accompanied by —

(a) a certified copy of the identity document of the applicant;

(b) a certificate of competence issued by the relevant municipality or authority;

(c) where applicable, a business licence;

(d) a recent valid tax registration certificate for the business issued by the South African Revenue Service;

(e) proof of registration with any federation or association of funeral undertakers;

(f) proof of payment of the applicable fee.

(2) In order to qualify for designation as funeral undertaker, a person must―

a. be a South African citizen of 18 years or older;

b. not be an official employed by the Department; and

c. demonstrate to the Director-General his or her knowledge of the Act by successfully completing a written examination conducted by the Department from time to time.

(4) A designated funeral undertaker who acts as an informant on behalf of the family of the deceased must submit proof of appointment to confirm him or her as the representative of the family of the deceased whose notice of death is being given by such funeral undertaker.

(5) The Director-General may withdraw the designation as a funeral undertaker if satisfied that the funeral undertaker has not complied with the provisions of the Act or has been convicted of a criminal offence without the option of a fine.

END

Reply:

The Border Management Authority has since July 2022, deployed 33 trained Border Guards attached to the Kosibay port of entry and are responsible for the management of the legitimate movement of people and goods. The Border Guards were in terms of Section 334(1), of the Criminal Procedure Act, appointed by the Minister of Justice and Constitutional Development as “Peace Officers”

In relation to the curbing of crime, the Border Guards execute their border functions in that border environment in collaboration and coordination with other security structures that includes the South African Defence Force (borderline) and with the South African Police Service in the declared ports of entry.

The success obtained since their deployment include the following:

• Arrested undocumented migrants: 360;
• Recovered and stolen vehicles: Toyota Prado and Green Toyota Conquest;
• Confiscation of illicit goods: 3 Bales of second-hand clothing;
• Detection and recovery of stolen properties: 3 Cell phones, 4 laptops and gearbox;
• Seizure of dagga; 33.924kg;
• One suspect was arrested for possession of Maritime Resources (lobsters and crayfish): Valued at R73 600; and
• One suspect was arrested for possession of human tissue (Bellybutton).

END

Reply:

The Total received in the last 3 Financial years:

1. 1 April 2020 to 31 March 2023 = 28 761
2. Total received from 1 April 2023 to May 2023 = 6 824

(i)(aa) Total rejected – 16190 in 3 years

(i)(bb) Most common reasons for rejection are:

1. Bank statements

- Invalid

- Not certified

- More than 3 months old

2. Lack of supporting documents

3. No air ticket or expired air ticket

(ii) The top 10 countries for rejection are Nigeria, India, Pakistan, Kenya, Egypt, Philippines, China, Mexico, Uganda, Cameroon and Ethiopia.

(iii) Average turnaround time: 10 working days.

 

END

Reply:

1. Total number of visa applications
2. Received: 15 935
3. Rejected: 2 084

1. The most common reason for rejection were for invalid return flight tickets or no proof of reservation thereof.

1. The nationalities of the persons:
2. Successfully applied: Attached as Annexure A
3. Rejected: Attached as Annexure B

END

Reply:

1. The employment of the 10 000 unemployed young graduates is in Three Phases. In the first phase we earmark to recruit 2000 unemployed youth, however 1045 were recruited and we are planning to fill the outstanding during the second phase.

The advert for the 2nd 4000 cohort closed on the 03 March 2023 and there were 45028 applications received. The third phase will conclude the recruitment of the last cohort which will be an additional 4000.

Preparations of records for digitisation in provinces has begun with detailed indexing and condition assessing of records. The records digitisation only commenced in Gauteng at back office (BVR) during June 2023 where the initial system set up and testing is in progress and over 35 000 records were digitised by 23 June 2023. To date, the Department has received 12 of the 20 high volume scanners that were procured. Each scanner is capable of scanning 300 pages per minute and can be operated by 6 persons. It is estimated that each scanner will be able to scan at least 108 thousand pages a day.

1. Based on the current planning information it is expected that the digitisation of records will be completed by Jan 2026, in line with project deadlines. The last equipment was delivered on 18 June 2023 and the process to complete the digitisation hubs is on track with the physical building being prepared in line with the end to end process of the project.

END

Reply:

1. The first cohort of the youth has been posted in the following provinces:

Name of Province

Eastern Cape

Free State

Kwazulu-Natal

Limpopo Province

Mpumalanga

Northern Cape

North West

Western Cape

Gauteng

1. The breakdown of youth deployment is as follows:

Eastern Cape	102
Free State	32
Kwazulu-Natal	136
Limpopo Province	171
Mpumalanga	55
Northern Cape	4
North West	53
Western Cape	11
Gauteng	503
Head Office	60
Total	1167

1. The first phase of the digitisation process is the preparation of records. This work has started in earnest in the provinces through detailed indexing and condition assessment of records. The second phase will include the full scanning which will only commence in Gauteng at a DHA storage facility during June 2023 where the initial system set-up and testing is in progress. To date, the Department has received 12 of the 20 high volume scanners that were procured. Each scanner is capable of scanning 300 pages per minute and can be operated by 6 persons. The first scanner that was installed at BVR for a test run on the 31st March 2023 was able to scan over 10 000 records in 3 hours.

END

Reply:

(a) The current Minister of Home Affairs has not appointed the Immigration Board in terms of Section 4 and 5 of the Immigration Act.

(b) The reason for not doing so is because the Department of Home Affairs is developing new Immigration, Refugee Protection and Citizenship Policy framework which is enroute to Cabinet.

(c) Please refer to answer above.

(d) Please refer to answer above.

(e) Please refer to answer above.

END

Reply:

(a)(i) The total number of retirement visa applications received 3645 from 2020 to 2022 FYs is 3645 and applications received from 1 April 2023 are 79.

(a)(ii) The total number of applications issued during 2020 to 2022 are 1645 while there is no application issued from 1 April 2023 and there are 1449 applications still pending.

(b) The applications were received from 112 countries which are listed below in Annexure A.

(c) The average turnaround time is 12 months.

(d) The total number of applications rejected is 499.

(e) The reasons for rejections vary from documents being incomplete, applicants not able to prove their net worth or pension/ retirement incomes that meet the prescribed minimum amount of R 37000.00 per month.

(f) There were applications rejected from 62 countries. The countries are as reflected in the table below in Annexure A.

(g) The average time between the date on which the application is received and the date on which rejection letters are issued is currently 12 months. There is currently none of the applications received from 01 April 2023 that have been finalised.

 

END

ANNEXURE A

The table below reflects the number of applications received, approved, rejected and pending for each country that were received from 2020 until 2022. Applications not assigned are pending applications that are not assigned for adjudication.

Applicants nationality	Approved	Not Assigned	Pending	Rejected	Grand Total
Afghanistan	4	3	1	1	9
Algeria	8	12	2	5	27
Angola	12	10	2	5	29
Argentina	2			2	4
Australia	17	6	4	3	30
Austria	4	3	1		8
Bangladesh	82	33	91	36	242
Belgium	30	19	4	8	61
Benin	1	4		2	7
Bosnia and Herzegovina	1				1
Botswana	1			1	2
Brazil	6	1	2	2	11
Bulgaria	2		1	1	4
Burundi				1	1
Cameroon	4	1		1	6
Canada	6	10	7	1	24
Central African Republic	1				1
Chad	1	1			2
China	250	142	27	89	508
Colombia		1			1
Cote DIvoire	1			1	2
Croatia	1				1
Cyprus	1		1		2
Czech Republic	2				2
Denmark	2	8	4		14
Egypt	8	5	4	10	27
Eritrea	1	2		1	4
Ethiopia	8	12	3	17	40
Finland	1	2		1	4
France	35	19	10	11	75
Gabon	2	2		2	6
Germany	162	80	23	22	287
Ghana	3	7	1	3	14
Greece	2		1	2	5
Guernsey and Alderney	1				1
Haiti	1				1
Honduras	1				1
India	39	43	15	31	128
Iraq			1		1
Ireland	18	6	2	2	28
Israel	4	4		1	9
Italy	25	12	3	3	43
Jordan	1			3	4
Kenya	3	10	2	6	21
Latvia	3				3
Lebanon	5	1		1	7
Lesotho			1		1
Libyan Arab Jamahiriya	1				1
Luxembourg	1			1	2
Madagascar	2				2
Malawi	2	4			6
Malaysia	1	2			3
Mali		1			1
Malta			1		1
Mauritania	1				1
Mexico				1	1
Mongolia	1				1
Morocco		1		1	2
Mozambique	4	10	1	2	17
Nepal	2	2			4
Netherlands	72	31	13	8	124
New Zealand	1				1
Niger	1				1
Nigeria	43	38	21	36	138
Norway	8	6	3		17
Pakistan	30	60	35	34	159
Palestinian Territory		1			1
Philippines	3	3			6
Poland	5	2	1	1	9
Portugal	1	1			2
Republic of South Africa	71	47	11	27	156
Reunion (FR)		2			2
Russian Federation	5	5	2	1	13
Rwanda		2			2
Saint Kitts and Nevis	1				1
Saudi Arabia	1				1
Senegal	1				1
Sierra Leone	1	1		1	3
Singapore	2	1	1	1	5
Slovenia		1			1
Somalia			1	1	2
Spain	5	1			6
Sri Lanka	1	1			2
Sudan		2	1		3
Swaziland	2	1			3
Sweden	10	11	5	1	27
Switzerland	72	56	9	13	150
Syrian Arab Republic		1			1
Taiwan	2	3		1	6
Thailand	5	2		3	10
Democratic Republic of the Congo	16	24	1	9	50
The Islamic Republic of Iran	4	2	2	5	13
Republic of Korea (South Korea)	25	17	1	14	57
Republic of the Congo	2	5	1	1	11
United Republic of Tanzania		1		3	4
Togo	1		1		2
Trinidad & Tobago	1				1
Commonwealth of the Bahamas				1	1
Tunisia	1				1
Turkey	5	4		3	12
Uganda	4	1		1	6
Ukraine		2	1		3
United Kingdom	330	148	42	49	571
United States of America	121	58	20	17	216
Uruguay	1				1
Uzbekistan		1			1
Vietnam	6	1	1	2	11
Zaire				1	1
Zambia	1	3			4
Zimbabwe	7	29	6	33	75
Grand Total	1645	1055	394	499	3645

*The table below reflects the number of applications and nationalities of the applicants whose applications were received from 01 April 2023 to 31 May 2023

Applicants nationality	Applications received from 01 April 2023
Australia	1
Belgium	1
Brazil	1
Cameroon	2
China	4
Denmark	1
France	2
Germany	9
India	1
Ireland	1
Israel	1
Italy	3
Netherlands	3
Nigeria	3
Pakistan	1
Philippines	1
Poland	1
Republic of South Africa	2
Russian Federation	1
Swaziland	2
Sweden	2
Switzerland	6
Islamic Republic of Iran	1
Republic of South Korea	3
Togo	1
Turkey	1
Uganda	1
United Kingdom	18
United States of America	3
Zimbabwe	2
Grand Total	79

Reply:

(a)(i)&(ii) There are no technological or system impediments that prevent South Africans born overseas from applying for Smart ID Cards. South Africans born abroad are able to apply for Smart ID Cards in the country.

(b) Naturalised citizens will soon be able to apply for Smart ID Cards once we have completed the verification process of their records.

(c) & (d) The Minister will make an announcement once the Department is ready to accept Smart ID Card applications from naturalised citizens.

END

Reply:

The Department of Home Affairs offices are located in various geographical areas and all offices in both urban and rural areas will have the self-service KIOSK. Thus, there will be no reason to deny communities in rural areas access to the self-service machine as the machines will be deployed in all DHA offices. The rollout will be informed by the available budget in a phased approach and the priority will be the deployment in non-modernised offices, followed by modernised offices and other strategic points.

END

Reply:

Honourable member this matter was fully ventilated in a court of law. Judgement has been passed but Dr Magudumana is appealing. Hence I am not able to answer your question for now.

END

Reply:

a) The Department has increased the rollout of the e-visa system to 34 countries. All countries that the Republic has diplomatic relations with, can now apply for a tourist visa on the e-visa system or are exempted from visa requirements for short-term visits.

b) All technological challenges associated with the rollout of the e-visa system have been resolved. The e-visa system has been successfully enhanced and is fully operational.

END

Reply:

Honourable member, we initially experienced technological challenges with the roll out of the e-visa system during 2021. However, towards the end of 2022, we successfully completed a series of 34 enhancements to the e-visa system. Currently, there are no technological challenges with the e-visa system. Honourable member, I also wish to inform the house that we have added 20 more countries on the e-visa system bringing it to a total of 34 countries that can now use our e-visa system for tourism purposes.

END

Reply:

(1)&(2) Mr. Krasimir Kamenov was issued with a relatives’ visa to join his spouse and subsequently obtained permanent residence in the Republic of South Africa in 2004. He was a naturalised citizen at the time of his death.

With regards to Mr. Fulgence Kayishema, upon him entering the Republic of South Africa in December 1999, he was issued with a Temporary Permit to Prohibited Persons in terms of Section 41(1) of Aliens Control Act 96 of 1991 under a different name and nationality. He then applied for asylum and was later granted Refugee status in 2002. However, it transpired afterwards that his Refugee status was granted through misrepresentation. The Department will follow legislative prescripts in dealing with misrepresentation in terms of Section 36(1)(a) and section 36(2) of the Refugees Act.

END

Reply:

(a)(i) 31 March 2021: As per the Departmental Annual Report 2021/22, the total contingent liabilities reported was: R2,358,451,000.00 of which R2,152,423,000.00 was for legal claims;

(a)(ii) 31 March 2022: As per the Departmental Annual Report 2022/23, the total contingent liabilities reported was: R2, 338,966,000.00 of which R2,107,068,000.00 was for legal claims;

(a)(iii) 31 March 2023: As per unaudited Annual Financial Statements (AFS) submitted as at 31st May 2023, the Department has re-stated its assessment of its contingent liabilities following receipt of a commissioned technical report advising the Department on how to disclose its contingent liabilities on legal matters. The Department has therefore re-assessed its disclosed contingent liability amount to R239,500,000.00 which excludes legal matters. The amount of R2,171,242,664.07 for legal claims is recognised as a note and annexure to the AFS. This amount was not included in the main total because it cannot be reliably estimated as the “possible settlement” amount.

(b) There is no direct correlation between the recruitment of the referred 13 legal resources, and the reduction of the stated contingent liabilities. These officials were employed by the Department to handle all litigation matters emanating from the Department and their employment has no direct bearing on the reduction of the amount disclosed within the contingent liability register, as amounts disclosed are the amounts claimed by the Plaintiffs.

From April 2020 to March 2023, the Department employed one Senior Legal Administration Office who is on level 12 and 7 Legal Administration Officers who are on level 9. The cost of these officials is prescribed as per their level of appointment based on remuneration scales determined by the Department of Public Service Administration (DPSA).

END

Reply:

1. The department has a birth registration campaign which requires parents to register new born babies within 30 days and it has set up birth registration offices in health facilities that have maternity wards. For those who have missed that period, we register them through the Late Registration of Birth (LRB) process. Provinces proactively run the Late Registration of Birth (LRB) initiatives in communities where unregistered children are identified.

2. The statistics on late registration of birth are attached as Annexure A on this response and have been disaggregated by months and years.

(3)(a) During Covid-19 (2020/21 and 2021/22) the turn-around times could not be complied with due to the fact that some of the service/s were not rendered due to various stage restrictions and the backlog information is attached as Annexure B.

(3)(b) Bottlenecks:

• Abandoned children: The Department of Social Development (DSD), in line with their mandate on the subject matter, does not submit a complete investigation report from Social Worker to enable DHA to register birth in line with regulations and engagements with DSD are ongoing.
• Cultural practices: Naming of a child after birth is delayed by the family.
• Home births occurrences at far flung areas which are located a further distance from Health Facilities.
• Laissez faire-attitude: Mothers not taking the responsibility to register birth within 30 days until there is a social pressure to do so.
• Applicant/s change their contact details and physical addresses without notifying the Department which makes it difficult to contact them for appointments to attend Late Registration of Birth screenings.
• No shows: Clients not responding when invited for interviews.
• Evidence provided by applicant/s not sufficient to attend to and finalize Late Registration of Birth.
• Lack of supporting documents to finalise the LRB applications.
• DNA referrals - parent(s) do not have the financial means.

3(c) Plans in place to address bottlenecks:

• Committees developed a weekly schedule to adjudicate cases.
• Offices collaborate with Department of Social Development to assist with tracing and transportation of some clients.
• Intensify Community Awareness through Stakeholders and the assistance of GCIS.
• DNA Test Results to finalise LRB applications when there is a lack of supporting documents.
• DHA and DoH to enter into a MoU for waiver of payments for indigents (Parent(s) with no financial means) to pay for DNA once we have concluded discussions on the feasibility of this support.

• Clients are reminded to update DHA when their contact details have changed.
• Follow up through stakeholders when clients do not avail themselves for screening after setting up appointments.

END

 

2. a) All births 31 days upward

Annexure A

SUMMARY	ALL BIRTHS 31 DAYS AND ABOVE
2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
17732	17821	17426	17722	18547	17688	18342	18926	17739	17823	17671	11844	209281
2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
19876	18674	17100	16124	17817	15832	19406	18336	16255	19067	16299	11971	206757
2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
18942	17993	14643	344	53915	28752	21575	20384	20707	21960	18568	15133	252916
2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
20833	21659	24536	18917	20240	16600	14725	20295	21545	22527	20374	14817	237068
2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
22653	21297	22371	16481	21079	17878	18383	19205	18668	17007	16333	11186	222541

2.(b) Statistics 31 to 364 days

SUMMARY	31 TO 364 DAYS
2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
13990	12055	11061	12266	13077	12266	12666	12870	11776	12892	11236	7478	143633
2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
13793	11654	10766	11158	11850	10901	12729	11130	10396	11221	10033	7040	132671
2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
13640	11680	9385	197	53646	27028	19832	18862	17926	17780	14221	11789	215986
2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
18471	17944	18703	14908	14901	13205	12575	16702	16652	16594	14091	10636	185382
2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
17315	15489	15998	12621	15964	14269	15085	14644	13319	12665	11181	7735	166285

2.(c) 1 to 15 years

2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
2489	4219	4408	3600	3753	3704	3869	4127	4490	3834	4486	2932	45911
2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
3770	4605	4602	3256	3726	3648	4731	5033	4005	5585	4359	3558	50878
2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
3570	4710	3584	130	226	1284	1355	1211	2218	3216	3071	2627	27202
2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
1598	2878	4247	2866	3826	2499	1420	2483	3493	4221	4551	3102	37184
2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
3280	4254	4512	2749	3678	2551	2457	3360	3909	2803	3744	2626	39923

2. d) 16 years upward

2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
1253	1547	1957	1856	1717	1718	1807	1929	1473	1097	1949	1434	19737
2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
2313	2415	1732	1710	2241	1283	1946	2173	1854	2261	1907	1373	23208
2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
1732	1603	1674	17	43	440	388	311	563	964	1276	717	9728
2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
764	837	1586	1143	1513	896	730	1110	1400	1712	1732	1079	14502
2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
2058	1554	1861	1111	1437	1058	841	1201	1440	1539	1408	825	16333

3.(a) Backlogs

Annexure B

2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	2018	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
3367	3443	3074	3106	3411	3569	6517	3730	3823	3658	3202	3430	44300
2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	2019	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
3675	3804	3866	3459	4012	3980	4227	4368	4374	4584	4638	3324	48216
2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	2020	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
4374	4296	4343	3928	4093	4241	4320	4365	3105	4424	4505	4681	50588
2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	2021	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
4412	4413	4906	4763	4819	4849	4128	4908	5130	5383	5377	4196	57274
2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	2022	TOTAL
JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE	JULY	AUGUST	SEPTEMBER	OCTOBER	NOVEMBER	DECEMBER
4665	4098	4545	4447	4796	4785	4713	4743	4949	5311	4995	5758	57267

Reply:

(a) The total office hours lost in Quarter 4 (Q4) due to:

(i)	Load shedding as collated by Provinces is 6 268.
(ii)	Closure of offices: 1319.
(iii)	Water outages: 278.
(iv)	System downtime: 13 416.
(v)	Health facilities: 202.

(b) The total percentage uptime of the systems was 95%.

(c) The provincial screening committees are going to provide the details of the finalised LRB’s at the end of Quarter 1 of the current financial year.

END

Reply:

1. The Minister is not in contempt of court. The High court ordered as follows:

1. Directing the First Respondent to register the Applicant’s birth in terms of the Births and Deaths Registration Act, 51 of 1992, as amended, within 30 (thirty) days of this order.

2. Declaring the Applicant to be a South African citizen by birth in terms of section 2(2) of the South African Citizenship Act, 88 of 1995, as amended (“the Citizenship Act).

3. Alternatively, declaring the Applicant to be a South African citizen by naturalisation in terms of section 4(3) of the Citizenship Act.

4. Directing the First Respondent to enter the Applicant into the National Population Register as a citizen, to issue him with an identity number and to amend and re-issue his birth certificate accordingly, within 30 (thirty) days of this order.

5. Directing the First Respondent to accept and adjudicate applications in terms of section 2(2) on affidavit pending the promulgation of regulations.

6. Ordering the Respondents to pay the costs of this application on an attorney and client scale, jointly and severally, the one to pay the other to be absolved, which costs will include the costs consequent upon the employment of 2 (two) Counsel.”.

As the High Court did not make any order setting aside section 2(2) of the South African Citizenship Act, 1995 (Act No. 88 of 1995), the Minister has not, therefore, been ordered to make regulations with regard thereto and cannot, therefore be in contempt of the court order.

(2)(a) However, the department is in the process of finalising the drafting of the regulations in order to provide a Form as per the order in Minister of Home Affairs vs Ali [2018] ZASCA 169; 2019 (2) SA 396 (SCA). Once the Minister has approved the Regulations, they will be published in the government gazette for implementation.

(2)(b) Currently, the department accepts and processes applications submitted in an affidavit in line with the Pretoria High Court.

END

Reply:

Attempts were made to invite the applicant for the 9 and 10 May 2023 Late Registration of Birth (LRB) Committee sittings in Temba Local Office. However, his number went to voicemail. Contact was later made with the applicant through other means and the date of 15 June 2023 is scheduled to finalise the application. The applicant has committed his availability to attend on the said date.

END

Reply:

(a)(i)(aa) Total received in the last 3 financial years from 1 April 2020 to 31 March 2023 is 28 289.

(b)(i)(aa) Total received from 1 April 2023 to 26 May 2023 is 5 474.

(a&b)(bb) Total combined issued outcomes: 33 763

(a&b)(ii) Countries of application: Nigeria, Pakistan, India, Kenya, Philippines, Egypt, China, Cameroon, Ethiopia, Mexico, Uganda, Congo, Saudi Arabia, Iran.

(a&b)(iii) Average turnaround time: 10 working days.

END

Reply:

We currently have visa waiver agreements with 35 countries in the African continent including 16 SADC countries. The eVisa system has been rolled to 17 countries within Africa. They are Algeria, Comoros, Ghana, Guinea, Ivory Coast, Liberia, Mali, Morocco, Niger, Senegal, Egypt, Cameroon, DRC, Ethiopia, Kenya, Nigeria and Uganda. This implementation is encouraging and supporting the movement in and out of SA and also boost tourism.

Further, South Africa is participating in the pilot for the SADC UNIVISA project. UNIVISA Legal Experts will be meeting from 8 – 9 June 2023 and the Department of Home Affairs will also be participating to consider the feasibility, modalities of this initiative.

The above is an indication of the department’s support and commitment towards attaining the goal of harmonising the visa regime across the African continent to make it easier for tourists to move from one country to another.

END

Reply:

1(a) 15 Mobile Solution Trucks are deployed in the Eastern Cape Province.

1(b) Region 1: O.R. Tambo and Alfred Nzo District: = 6

Region 2: Buffalo City Metro and Amathole District: =4

Region 3: Nelson Mandela Bay Metro and Sarah Baartman District: =2

Region 4: Chris Hani and Joe Qgabi District: =3

(1)(c) The Timely drawn Monthly Itineraries by local offices direct the Mobile Solution Trucks to areas envisaged by the communities to spend a day in each, or may have to return to the area, following an incidental breakdown of the network that would have led to being unable to provide the required service.

(2)(a&b) The Wesbank Transversal Account registered for Government under RT46 appoints Merchants to conduct repairs, as per footprint nationwide.

END

Reply:

a) The department’s footprint is not adequate for the population of our country and I have taken a decision to move away from focusing on static bricks and mortar only offices but to increase the footprint of mobile offices that will go to the people instead of people going to the offices and I have personally led many outreach programmes to rural communities in Eastern Cape, Mpumalanga and Limpopo.

(b)(i) The department will be adding an additional 100 mobile units in the 2023/24 financial year to increase its mobile fleet to 227 units. This increase will ensure that under-served rural areas receive regular visits and quicker turnaround time in receiving their documents.

(b)(ii) The additional 100 units are expected in the fourth quarter of the current financial year.

END

Reply:

(a)(i) A total number of 1200 illegal foreigners were arrested during business inspections conducted in 2022/23

(a)(ii) A total number of 22436 illegal foreigners were deported during the financial year 2022/23

(a)(iii) Total amount of R215 500 in lieu of fines were issued to employers for employing illegal foreigners

(b) The sectors are as follows:

 

• Farms
• Retail stores / Wholesalers
• Freight & Logistics companies
• Mining industry
• Hair Salons
• Supermarkets/ Tuckshops
• Security
• Construction companies
• Religious Establishments
• Educational Establishments
• Massage Spas

END

Reply:

(a)(b)(i)(ii)(aa)(bb)(iii) The Immigration Act, No. 13 of 2002 does not make provision for a nomad visa. As a result, there were no nomad visa applications rejected by the Department for the periods mentioned above.

END

Reply:

I have approved a waiver of visa requirements for diplomatic and official/service passport holders for Palestinian nationals. The drafting and finalisation of the Visa Waiver Agreement with the Palestinian Authority is at an advanced stage and I will make an announcement in due course.

As far as Palestinian ordinary passport holders are concerned, the Department intends to finalise waiver of visa requirements for this category by the end of June 2023.

END

Reply:

Department of Home Affairs and Border Management Authority

a) No, the Department has not set aside any specific percentages of its procurement allocation to (i) Small, Medium and Micro Enterprises (SMMEs), (ii) cooperatives, (iii) township enterprises or (iv) rural enterprises in the (aa) 2021/22 financial year and (bb) since 1 April 2023. When issuing bids, the Department targets Broad-based Black Economic Empowerment (BBBEE) Level 1 entities, Emerging Medium Enterprises (EME) or Qualifying Small Enterprises (QSE), 100% Black-owned entities with a preference for Black youth, Black women, or Black people with disability.

b) No, the Border Management Authority (BMA) has not set aside any specific percentages of its procurement allocations to (i) SMMEs, (ii) cooperatives, (iii) township enterprises or (iv) rural enterprises in the (aa) 2021/22 financial year and (bb) since 1 April 2023. When issuing bids, the BMA targets Broad-based Black Economic Empowerment (BBBEE) Level 1 entities, Emerging Medium Enterprises (EME) or Qualifying Small Enterprises (QSE), 100% Black-owned entities with a preference for Black youth, Black women, or Black people with disability.

b) Government Printing Works

The departmental allocation for respective categories of businesses and applicable financial years is contained in the table below. In line with the below, the Exempted Micro Enterprises (EME) and Qualifying Small Enterprises (QSE) represent small, medium and micro enterprises.

Response	Classification	Total allocation	Percentage
(aa) 2021/2022 Financial Year
b(i)	SMMEs
	EME	R161 013 937,00	3,62%
	QSE	R477 725 670,00	12,57%
b(ii)	Cooperatives	R0,00	0%
b(iii)	Township	R6 426 068,00	0,14%
b(iv)	Rural	R107 183 843,00	2,41%
(bb) April 2023 to Date
b(i)	SMMEs
	EME	R13 647 717,50	0,63%
	QSE	R53 774 481,74	3,36%
b(ii)	Cooperatives	R0,00	0,00%
b(iii)	Township	R1 024 610,00	0,05%
b(iv)	Rural	R2 859 613,48	0,13%

c) Independent Electoral Commission

(aa) 2022-23 financial year

Before the introduction of the categorisation of enterprise types by Generic, Qualified Small Enterprises and Exempt Micro Enterprises, the industry norm was to report on SMMEs paying more focus on the number of full-time employees in the entities. The norm as per the current trend is to report on the enterprise types which mainly looks at the categorisation of companies in terms of annual turnover. The advantage of reporting on enterprise type is that information can be verified against Central Supplier Database.

The report below, therefore depicts awards on competitive bidding for the specified period based on the following:

• Generic Entities
• Qualified Entities (QSE)
• Exempt Micro Enterprises (EME)
• Ownership by Black People
• Ownership by Black Youth
• Ownership by Black Women
• Ownership by people living in townships
• BEE Status Levels
• BEE Ownership

It must be noted that the moratorium imposed on procurement in the last financial year as a result of the application of the Preferential Procurement Regulations, 2017 resulted in fewer procurement activities taking place during the period.

BEE or Non-BEE Status
Type	Contract Value	Contract %
BEE	R97 713 187	51%
Non-BEE	R92 638 492	49%
Total	190 351 679	100%
Tenders Awarded by Enterprise Type
Type	Contract Value	Contract %
Generic	100 067 915	53%
QSE	7 794 593	4%
EME	82 489 171	43%
Total	R190 351 679	100%
Tenders Awarded by BEE Contributor Status Level
B-BBEE Contracts	Contract Value	% Contract Value
Status Level 1	R111 510 789,36	59%
Status Level 2	R 31 099 606	16%
Status Level 3	R 0	0%
Status Level 4	R45 437 108,29	24%
Status Level 5	2 304 175,00	1%
Status Level 6	R 0	0%
Status Level 7	R 0	0%
Status Level 8	R 0	0%
BEE Non-Compliant	R 0	0%
Total	R 190 351 679	100%
Black Ownership
B-BBEE Contracts	Contract Value
Black People	R 144 914 570
Black Youth	R 51 286 544
Black Women	R 100 860 862
Black with Disability	R 0
Ownership by people living in rural or underdeveloped areas	R 0
Ownership by people living in townships	R 8 894 424

(bb) 1 April 2023 -12 May 2023

END

Reply:

(1&2) Yes, customs duties were performed in the presence of members of the South African Police Service and officials of the Border Management Authority (BMA).

END

Reply:

Yes, all entry requirements were complied with – no exemptions were approved.

END

Reply:

The Minister of Home Affairs had at no stage given Mr Oscar Mabuyane, “the right to establish an international port of entry in an unused former homeland airport in Bisho”

Upon receipt of the request/application, the Minister acted in terms of section 9A of the Immigration Act 13 of 2002 to designate Bulembu Airport in (Bhisho) as a port of entry and exit.

The Minister took steps to comply with regulation 8 of the Immigration Act.

END

Reply:

(a) The were no naturalisation ceremonies that have taken place from 1 May 2019 to date.

(b)(i) No ceremonies have taken place.

(b)(ii) As indicated above there has not been ceremonies conducted.

(c) The “naturalisation ceremonies” were discontinued a long time ago.

(d)(i)(ii) There are no “naturalisation ceremonies” planned for the near and foreseeable future.

END

Reply:

Yes, the health related issues were complied with by the officials of the Border Management Authority which now comprise officials transferred from the Department of Agriculture.

END

Reply:

Yes, customs officials performed their duties in the presence of members of the South African Police Service (SAPS) and Border Management Authority officials.

END

Reply:

(a&b) Tourism visas applied for within the country are considered repeat applications as holders of such visas would ordinarily be extending a tourist visa already issued abroad. The visa volumes mentioned below are per calendar year (not financial year). They are as follows:

Year	Application count
2020	4562
2021	11482
2022	14615

 

(aa) From 1 April 2023 to 11 May 2023, there were 1648 applications received. Applications finalised during the same period were 1545.

(bb) The table below shows from which countries were applications received. The data could not be separated per month.

Tourist visas issued per country

Country	Count of Sticker Number
China	198
Pakistan	197
India	143
United States	92
Germany	83
Saudi Arabia	78
United Kingdom	63
Nigeria	60
Russian Federation	53
France	48
Netherlands	39
Turkey	38
Bangladesh	36
Thailand	36
Angola	35
Dem. Rep. of the Congo	29
Zimbabwe	25
Switzerland	24
Canada	21
Namibia	17
Israel	17
Brazil	16
Australia	14
Italy	14
Kenya	13
Belgium	12
Gabon	11
Republic of South Korea	11
Egypt	10
Poland	9
Philippines	9
Hungary	9
Ireland	9
Mauritius	9
United Rep of Tanzania	8
Sweden	8
Botswana	8
Spain	7
Zambia	7
Cameroon	6
Japan	6
Ghana	6
Malaysia	6
Uganda	6
New Zealand	5
Yemen	5
Jordan	4
Liberia	4
Madagascar	4
Austria	4
Cuba	4
Portugal	4
Lebanon	4
Islamic Republic of Iran	4
Malawi	3
Vietnam	3
Ukraine	3
Mexico	3
Libya	3
Ethiopia	3
Denmark	3
Colombia	2
Algeria	2
Cote D'Ivoire	2
Somalia	2
Luxembourg	2
Malta	2
Mozambique	2
Guyana	1
Burkina Faso	1
Eritrea	1
Argentina	1
Morocco	1
Cape Verde	1
Chile	1
Greece	1
Belarus	1
Indonesia	1
Peru	1
Mali	1
Czech Republic	1
Senegal	1
Myanmar	1
Singapore	1
Nepal	1
Chad	1
Venezuela	1
Dem. People's Rep. of Korea	1
Iraq	1
Sudan	1
Congo	1
Afghanistan	1
Mongolia	1
Grand Total	1648

(cc) 14 applications of April 2023 were adjudicated as at 15 May 2023. The average time taken was 17 days.

END

Reply:

(1)(a) The Department currently uses the ICT Systems mentioned below to process online visa applications

SYSTEM	DEVELOPER	DATE
DHA eVisa	SARS/BBD	2019
VFS eVisa (Nigeria)	VFS Global	2022
DHA/VFS Online	VFS Global	2014
VAS (Adjudication)	DHA IT	2014

(1)(b) An amount of R5m is budgeted in the current financial year for the DHA eVisa support and maintenance. The VAS system has no dedicated budget except the time and material for the officials supporting the system. The other systems are supported by VFS with no financial implications for DHA.

(1)(c) The amount budgeted for DHA eVisa development in the 2019/20 financial was 100% spent and for 3 years after go live in production the support and maintenance for eVisa amounted to R 2 264 616.

(1)(d) There are no challenges on the DHA eVisa except normal bugs and fixes that are done in all applications for routine maintenance to improve performance. On the VAS system we are currently performing a user requirements review to enable us to improve functionality.

(1)(e) On completion of the user requirements review on VAS there will be system development and implementation of changes.

(1)(f) VAS changes will be implemented by 31 March 2024.

(2)(a) An amount of R875 173 000 is budgeted for improvement of other ICT systems, support and maintenance, licences, new projects and the breakdown is as follows:

Maintenance and Support	R409 973 000
Licenses	R126 700 000
Technology refresh	R107 500 000
Projects	R231 000 000
Total	R875 173 000

(2)(b) The aim is to ensure systems stability and improved applications performance and IT infrastructure.

(2)(c) ICT systems require continuous support and maintenance hence every financial year we allocate budgets for information and communication technology and the related licenses.

END

Reply:

1. The following mechanisms are in place to ensure people with expired visas/permits leave the republic;

a) Immigration inspections/operations for detecting those without lawful documentation to be in South Africa;

b)Tracing of overstayers found on the movement control system

c) Overstay declaration and bans from re-entering the country from 1 to 5 years, depending on the length of overstay - Should a person with an expired visa/permit leave the country;

d) Inability to transact for services or work

2.  If a person is denied a visa and exhausts all appeals relating to that visa they are given an order to leave and if they remain they will be doing so illegally.

END

Reply:

Honourable member you are asking us about the activities of a chapter 9 institution. I wish to refer you to Chapter 9, section 181 (4) and (5) of the Constitution of the Republic of South Africa, Act 108 of 1996.

181 (4) No person or organ of the state may interfere with the functioning of these institutions.

(5) These institutions are accountable to the National Assembly and must report on their activities and the performance of their functions to the Assembly at least once a year.

In my understanding Honourable Member, the Commission for Gender Equality (CGE) is accountable to you as a Member of the National Assembly and should report on their activities to you in the National Assembly.

I would humbly request you to follow that route.

END

Reply:

(1) Yes there is a mobile unit assigned to service the Zwelihle Community. The mobile unit itineraries/ notice of intended visits are communicated through local Community Leaders, stakeholders as well as the Local and District Municipality social media platforms.

The most commonly used venues where services are mostly rendered from is the Qhayiya Secondary School in Zwelihle and Moffatt Hall which is less than 5km away from the Zwelihle Community.

During April and May 2023, two (2) visits were made to Qhayiya Secondary School and one (1) visit to the Moffatt Hall. In June 2023 it is envisaged to make one (1) visit to the Moffatt Hall on 1 June 2023 and two (2) visits to the Zwelihle Community Hall on 14 and 15 June 2023.

(2) The Department is in the process of procuring an additional 100 Mobile Units to Provinces of which one (1) out of the ten (10) Mobile Units earmarked for the Western Cape, will be dedicated to the Caledon Office for the purpose of rendering a focused service to the Zwelihle Community and increase days for services.

END

Reply:

(1)(a) The Department of Home Affairs is a participant in the National Treasury’s RT61-2018 transversal contract for the hiring and leasing of aircrafts and helicopters to the state. Thirteen (13) service providers who are accredited on this contract were approached to submit quotations for the service. Out of the thirteen service providers, three responded. The Department selected the cheapest option from the quotations which were received.

(1)(b) The information is as follows:

(i) The quotes received were from:

• National Airways Corporation;
• Y and P Logistics;
• Cobra Aviation.

(ii) The total quoted amount for each is as follows:

• National Airways Corporation: R 1 412 927.00;
• Y and P Logistics: R 1 546 700.00; and
• Cobra Aviation: R 1 997 000.00.

(iii) National Airways Corporation was selected to render the service at an amount of R1 412 927.00.

2. No, the Department will not attempt to recover the costs relating to the charter flight from G4S. The Department does not have a legal basis to recover the cost of the charter flight from G4S as there is no contract or contractual relationship with G4S.

END

Reply:

• 1. The Department has turnaround times for visas that have a direct economic contribution in as far as employment and investment are concerned. The turnaround times are as follows:

1. Critical Skill work visa: turnaround time is 4 weeks
2. General work visa: turnaround time is 8 weeks
3. Business visa: turnaround time is 8 weeks

2. The Immigration Regulations do not make provision for time frames for decision-making on visa applications.

1. Section 7 of The Immigration Act, No. 13 of 2002 which confers powers to the Minister in relation to the Immigration Regulations does not prescribe the time frames for decision-making.
2. The Department endeavours to process visa applications in line with the principle of Service Standards as envisaged in the Batho Pele Principles. The volume of applications received and accepted daily by the Department currently exceeds the available human resource capacity in the Chief Directorate: Permits to issue, in equal measure, the equivalent number of outcomes to applicants The Department has already been open and transparent by publicly announcing that the current backlog will be cleared by June 2024.

3. The visa categories which are measured as per the Department’s Annual Performance Plan are critical skills, business and general work visas. Performance over the last two financial years indicates the following:

1. Financial Year 2022/23: the average number of weeks to finalise Business and General work visas was between 4,3 and 4,7 weeks.
2. Financial Year 2022/23: the average number of weeks to finalise Critical Skills work visas is between 6 and 6,5 weeks.
3. Financial Year 2021/22: the average number of weeks to issue Business and General work visas was between 5,3 and 6 weeks.
4. Financial Year 2021/22: the average number of weeks of Critical Skills work visas issued was between 4,6 and 5 weeks.

4. The Department has not assessed the economic impact of legal immigration on the Republic, as yet. Such an exercise will require an independent research study to be commissioned.

5. The Department has successfully collaborated with the Department of Higher Education and Training (DHET) on research work for the development and drafting of The Critical Skills List. Once DHET invites research proposals the Department will request that a study on the economic impact of legal immigration on the Republic be considered on behalf of Home Affairs.

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Reply:

(1)(a) There are no special concessions in place to speed up applications of work visa renewals for the staff of embassies and consulates.

(1)(b) All special concessions by the Minister or Director-General are shared with staff, both local and abroad. The interpretation and the application of the contents of these concessions are shared with all staff to ensure uniformity.

(2) The work visa application of the staff member at the Indonesian Embassy was received by the Department on the 19th of September 2022. It was adjudicated and the rejection outcome dispatched on the 24th of October 2022. As per the checklist attached to the application at the time of submission, the applicant was informed that his application was incomplete. He insisted to submit without the required documents.

(3) The Immigration Act prescribes the manner in which the Minister can intervene in the processing of visa applications. Section 8(6) stipulates that an applicant aggrieved by a decision of the Director-General contemplated in subsection (5) may, within 10 working days of receipt of that decision, make an application in the prescribed manner to the Minister for the review or appeal of that decision. The applicant has not submitted an Appeal to the Minister regarding the rejection.

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Reply:

(a&b) The inter-Ministerial Committee that was assigned the responsibility off reviewing the employment of foreign nationals is chaired by the Minister of Employment and Labour and the Minister of Home Affairs. The task team includes departments in the security and economic cluster as well as employers and unions. The following departments are involved: Department of Transport, Department of Employment and Labour, Department of Home Affairs, South African Police Services and the Bargaining Council. The task team also includes the All Truckers Driver Forum (ATDF), the Road Freight Association (RFA), The Truckers Association of South Africa (TASA), amongst others.

The task team has so far developed an 11point plan with the employers and unions involved in the trucking and logistics sector. This plan was finalised in June 2022. The plan includes the following:

i) Facilitate the appointment of the Task Team

ii) Validity of Foreign Driving Licences

iii) Enforcement of the VISA requirement in issuance of a work visa

• Validity of SA driving licences issued to Traffic Register Number (TRN);

• Interphase between NaTIS, DHA and SAR

iv) Registration with the labour laws ATDF and other organisation to provide details of companies that they are aware of employing foreign nationals

v) Operating Licence processes for freight industry

vi) Driver Capacity and skills (Driving training project)

vii) Integrated and Multi-disciplinary joint law enforcement operations conducted

viii) Amendment of the National Road Traffic Regulations, 2000

ix) Review the Cross-Border Road Transport Legislation

x) Review of the TRN

xi) Registration of operator in terms of section 45 of the National Road Traffic Act, 2000 (NRTA) - Assessment of the requirements for an “Operator Permit/Card” as per the National Road Traffic Act to determine its effectiveness to achieve the objectives to seek compliance to other laws in South Africa

Due to the economic challenges that arise when there is disruption in this sector, the plans of the IMC have focussed on the trucking and logistics sector. Meetings on this matter are held monthly led by senior officials of the Department of Transport and the Department of Employment and Labour. With regard to addressing the employment of foreign nationals, a total of 1291 drivers have been inspected for their immigration status with 131 found to be undocumented. The Department of Home Affairs through its Annual Performance Plan has planned to conduct 1296 inspections/operations in this financial year to combat the employment of illegal foreign nationals.

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