Questions and Replies

Filter by year

12 December 2022 - NW4526

Profile picture: Hlengwa, Mr M

Hlengwa, Mr M to ask the Minister of Home Affairs

Whether, with reference to transactional agreements between individuals in exchange for marriages and identity documents which has caused a rise in identity theft and unknown illegal marriages that he alluded to, his department has taken any steps to also address the oversight and prevent the huge number of individuals who have also been recognised lawfully as married and have unknowingly had their identity stolen by others; if not, why not; if so, (a) what are the relevant details and (b) how has he found it to be possible that his department is failing to adequately provide identity documents to some while individuals find themselves married without their consent?

Reply:

a) Yes, the Department has a procedure for dealing with reported fraudulent marriages and identity theft. To elaborate further,it must be highlighted that identity documents theft and fraud, in most cases, does not necessarily involve only the Departmental officials but also the public at large, contractors or service providers, etc., that very well form part of the corrupt activities.

The Department however assists victims of identity theft if the case is reported by the aggrieved or affected persons. Victims should immediately report identity theft through the Law enforcement agencies, mainly the South African Police Services(SAPS) and also the Departments’ Immigration Services Branch to assume investigations and to provide feedback on findings in this regard. Victims can also call the National Anti-Corruption Hotline to report cases of fraud and corruption. Where there is sufficient evidence provided and it can be proven without doubt that the marriage is fraudulent, the Department expunges such a marriage and provides feedback to the victims.

The Department due to the number of fraudulent marriages reported every year has implemented some measures that have largely contributed in reducing the number of fraudulent marriages, as follows:

  • Introduction of a new marriage register (DHA-30) which requires a photo and thumbprint of the couples for verification purposes.
  • The Department requires prospective couples to make an appointment with the nearest front office to verify the marital status and to subject themselves to brief interviews prior to registration of the marriage.
  • On the day of the marriage, a couple must present the following documents to the person officiating at the marriage ceremony:
  • Identity documents (for each person getting married).
  • If a foreign national is marrying a South African citizen, the non-citizen should present a valid passport as well as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of no impediment to confirm that he/she is not married in country of origin).
  • If the marriage is for a minor (a person under the age of 18 years), written consent is needed in the form of DHA32 by both parents/ legal guardian or form DHA34 from the Commissioner of Child Welfare or a judge. In the case where the marriage is between minors under the ages of 18 for boys or 15 for girls, written consent from the Minister of Home Affairs will also be required.
  • If any of the persons who are getting married are divorced, the final decree of divorce should be furnished.
  • If any of the persons who are getting married are widowed, the deceased spouse’s death certificate must be submitted.

b) No, as indicated above in (a), the Department does not have challenges in providing identity documents to any individuals who found themselves married without their consent or due to identity theft. In terms of the Identification Act. (No. 68 of 1997) the Department provides identity documents to all citizens of the country provided that, their particulars are included in the population register and provided that they apply in the prescribed manner for an identity document.

END

12 December 2022 - NW3974

Profile picture: Khanyile, Ms AT

Khanyile, Ms AT to ask the Minister of Home Affairs

Since the expiry of Zimbabwe Special Permits in December 2020, what (a) total number of the holders of the specified permits have applied to renew their permits to date, (b) is the breakdown of the total number of applications in terms of each visa category and (c) total number have been (i) successful and/or (ii) rejected in each visa category?

Reply:

a) Approximately 6000 by September 2022. More applications are streaming in a daily basis.

(b) The breakdown of the total number of applications at the moment in terms of each visa category is as follows, and list not exhaustive.

  • Critical skills – 1195
  • Business - 19
  • General work visas – 62
  • Relative visa – 1006
  • Study visa – 443
  • Retired visa – 19

( c) The information regarding applications that are successful and/or rejected cannot be disclosed at this stage due to the ongoing litigation. One of the disputes before court is on the potential success or otherwise of the application lodged by the affected Zimbabwean nationals.

(d) The Department of Home Affairs has appointed a Departmental Advisory Committee to advice on the visa applications – furthermore, I have approved a significant number of waiver applications lodged by the affected Zimbabwean nationals.

 

END

12 December 2022 - NW4674

Profile picture: Tito, Ms LF

Tito, Ms LF to ask the Minister of Home Affairs

Whether he has been advised of numerous cases of family members who are sent from pillar to post due to the mistakes made by his department on death certificates, such as identifying a deceased person as divorced where the person was never married before; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

No, the Department has however issued a circular to all its local front offices directing them on the process and the email address to be used by offices to update or amend the marital status of individuals including the deceased on the National Population Register(NPR).

The relevant details should include the following:

  1. Affidavit from a family member confirming that the deceased person was never married.
  2. ID copy of the deceased person
  3. ID copy of the informant
  4. Copy of death certificate

The Department, if furnished with the details as alluded to above, will investigate and analyse the veracity of the information, and update the details on NPR accordingly.

END

12 December 2022 - NW4538

Profile picture: Cebekhulu, Inkosi RN

Cebekhulu, Inkosi RN to ask the Minister of Home Affairs

Whether he will furnish Inkosi R N Cebekhulu with the details of (a) the processes of the monthly tribunal that is held to deliberate on applications for identity documents that do not have the required documentation for the normal Home Affairs procedures and (b) the time frame in which persons can expect to receive feedback from the processes of the tribunal; if not, why not; if so, what are the relevant details?

Reply:

a) Yes, in terms of the Births and Death Act (Act 51 of 1992), all notices of birth of any South African that meets the requirements must be registered within thirty (30) days, and a computerised birth certificate is issued. South African citizens not possessing the documentation required to apply for identity documents follow the Late Registration of Birth(LRB) process. The LRB process is in place to accommodate South Africans who have not registered their children within the stipulated 30 days of birth and to ensure that qualifying applicant(s) are assisted with birth registration, where young persons are unable to obtain their identity documents (IDs) as a result of not having evidence of birth registration or proof of birth.

In respect of LRB applications for births above thirty-one (31) days to one (1) year the applicants are not subjected to interviews by the screening committee panelists, however a document verification process is done on the spot with the applicant, and the ID number will be generated by the office of application and as such the birth certificate is issued on the same day, if systems are operational.

However the LRB process for births of one (1) year up to fifteen (15) years and above has more stringent measures, as it is done only at designated local front offices in the province and is subjected to a screening committee which composes of a Chairperson at a District Manager: Operations(DMO) level, Office Manager, Immigration Officer and Secretariat and an additional member.

The steps in the application process and the requirements are as follows:

  • Complete DHA 24 (LRB), DHA 288 (LRB affidavit), and all other relevant forms.
  • Online verification of the informant’s fingerprints against HANIS (Home Affairs National Identification System); or a full set of manual fingerprints taken to be submitted for verification at Head Office, to be verified against HANIS.
  • After verification of fingerprints, they are taken back to office of application to continue with process of application.
  • Applicant(s) to provide Proof of Birth issued by Health Facility where child was born or school letter with copy of admission register from school or baptismal certificate (issued within 5 years of birth).
  • DHA office to conduct further background checks to authenticate the veracity of the information furnished, including information relating to the health facility / school records / church records, etc.
  • Separate interviews conducted for the applicant and informant(s) of the person whose birth is to be registered, through the LRB screening committee, as established by DHA.
  • If above approved by the LRB screening committee the File with all relevant information and supporting documents is sent to DHA Head Office (Pretoria) where the ID number will be generated, provided it complies with all requirements. If approval is not granted the matter is referred to Immigration Services for further investigation with the reasons provided.
  • Short message service (sms) is activated to inform the applicant of the successful application and to collect the birth certificate.
  • Birth Certificate to be collected at the office of application.
  • Applicant can apply for an ID as a result.

b) The turnaround time is one hundred and eighty (180) days, provided that the process above is followed and all requirements are met. However regular adjudication by the screening committee is often delayed by among others:

  • Non-availability of clients for scheduling of interviews as clients change contact details;
  • Insufficient supporting documents on the application and
  • Delays with fingerprint verification due to poor quality of fingerprints taken.

END

08 December 2022 - NW4381

Profile picture: Khanyile, Ms AT

Khanyile, Ms AT to ask the Minister of Home Affairs

What (a) is the total number and (b) are the names of countries that will (i) qualify for eVisas in the next three months and (ii) not require any visas at all to come to the Republic for tourism and short-stay business purposes within the next six months?

Reply:

(a)&(b)(i) The Department has not yet decided on the total number and the names of countries that will qualify for eVisas in the next three months. The Department has rolled out the eVisa system to the following 14 countries: - China, India, Egypt, Ethiopia, Iran, Nigeria, Pakistan, Philippines, Uganda, Mexico, Kenya, Democratic Republic of Congo (DRC), Cameroon and Saudi Arabia.

(b)(ii) There are 135 country nationals that do not require a port of entry visa to South Africa. The names of the countries are listed on the attached annexure.

END

08 December 2022 - NW4313

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

(1)With regard to the entry of non-citizens into the Republic at ports of entry, what measures are in place to prevent non-citizens from exceeding the (a) period of their visa-free stay and/or (b) duration of their stay as per their visa allowance; (2) whether this is tracked and/or monitored; if not, why not; if so, (a) how in each case and (b) what total number of non-citizens overstay their (i) allowed visa-free stay and/or (ii) visa-allowed stay in the Republic in each of the past five years?

Reply:

1. With regards to the entry of non-citizens into the Republic at ports of entry, both categories of travellers (visa exempt and visa required) are provided with a specified period of stay when they comply with admission requirements as stated in the Immigration Act.

The preventative measures include applying a risk based approach with visa adjudication if the person is from a visa required country. At the port of entry, the immigration officer will conduct an examination and if required, a secondary immigration inspection will be conducted before endorsing the passport and recording the movement on the system.

Additional measures to ensure non-citizens do not exceed the period of their visa entry includes compliance inspections and immigration stop and search operations that can detect such persons.

(2)(a) It would be difficult to track and/or monitor every person that enters the Republic. It is the responsibility of the traveller to respect and adhere to the laws of the country.

In terms of the Immigration Act, a person must comply with the permitted period of stay and depart on or before the expiry date of their visa, failing which he/she will be declared undesirable upon departure or become an illegal foreigner liable for deportation.

This is also tracked and monitored through immigration inspections and immigration led operations as well as by monitoring the departmental systems.

(2)(b) The total number of non-citizens that overstayed:

Year Visa Exempted Visa Required Grand Total

2022 19 589 1 085 20 674

END

08 December 2022 - NW4185

Profile picture: Khanyile, Ms AT

Khanyile, Ms AT to ask the Minister of Home Affairs

Whether his department has received any applications for asylum from Ukraine citizens; if not, what is the position in this regard; if so, what (a) total number of applications were (i) received, (ii) approved and/or (iii) rejected and (b) were the reasons for the rejections?

Reply:

(a)(i) For the year 2022 the Department received 1 application through the Desmond Tutu Refugee Reception Centre.

(a)(ii) Approved - 0

(a)(iii) Rejected - 0

(b) The 1 application is still in process as the applicant must attend a second interview with the Refugee Status Determination Officer(RSDO)

END

08 December 2022 - NW4361

Profile picture: Khanyile, Ms AT

Khanyile, Ms AT to ask the Minister of Home Affairs

(a) What is the current backlog across all visa categories, (b) what has been the average response time for each visa category and (c) by what date does his department envisage to have cleared the current backlog with regard to all visa categories?

Reply:

a) The current backlog across all visa categories is 56543.

b The average response time varies for different visa categories; there are different turnaround times for applications listed in the departments APP and those that are not listed in the APP.

  • The turnaround time for applications for critical skills visas is 4 weeks, as indicated in the APP. Currently the average response time is 4 to 10 weeks.
  • The turnaround time for business and general work visas is 8 weeks, as indicated in the APP. Currently the average response time is 8 to 14 weeks.

c) The department envisages to have cleared the current backlog by June 2024 for all categories of visas.

END

08 December 2022 - NW4548

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

Whether, in view of a recent presentation to the Portfolio Committee on Home Affairs that indicates that the Republic is home to 15 million undocumented persons, he has found that the numbers point to (a) a complete failure by his department to implement its own immigration laws and (b) a safety and security threat to the nation; if not, why not in each case; if so, what steps will be taken to remedy the perceived illegal migration crisis in the Republic?

Reply:

a) Honourable member, firstly I want to iterate that the department does not believe that figure is accurate as we have not been provided scientific evidence that it is so. The most credible source the department is aware of is the figures given by the Statistician General Risenga Maluleke where a figure of 3.95 million foreign nationals are said to be in South Africa according to their mid-year population estimates in 2021.

Secondly, the Department is not failing to implement its own immigration laws as indicated in its annual reports, through various programmes, including the law enforcement operations in the security cluster to detect unlawful immigrants, prosecute and deport them or issue orders to leave.

To prevent re-offending, their details are captured on the Visa Entry and Stop List and the entry as well as departure of all travellers are recorded on the Movement Control System. This is one of the tools that Port Control utilises to prevent undesirable or prohibited persons from entering into the country.

The review of the systems of managing the issuing and extension of temporary residence visas and conferring of permanent residence permits is underway to improve the effectiveness of the policy, infrastructure and implementation.

b) The porousness of the country’s borders is well-documented, hence the establishment of the Border Management Authority to respond and manage the borderline under one strategic and implementation structure. The performance in the target areas will be reviewable within the 2023/24 financial year, with effect from 1 April 2023.

The department will continue with its enforcement activities within the country as well as the deployment of the newly formed Border Guard of the Border Management Authority.

END

08 December 2022 - NW4544

Profile picture: Zondo, Mr  S S

Zondo, Mr S S to ask the Minister of Home Affairs

What are the details of how his department has supported matriculants to obtain their identity documents to ensure that they can write their examinations?

Reply:

The Departments of Home Affairs and Basic Education entered into a Memorandum of understanding in 2010 regarding the mutual cooperation, support and sharing of information. This agreement assisted in facilitating access and visits to schools. Each and every year, the Department of Basic education provides list of learners without Identity documents to Home Affairs and the list is shared with the provinces.

Upon the receipt of the above list, provinces prepare schedules to visit schools using Mobile units, where learners who are 16 years and above including matriculants are assisted in applying and in obtaining their Identity documents as a result.

END

08 December 2022 - NW4401

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Home Affairs

What is the (a) total number of staff employed and/or provided as departmental support in (i) his and (ii) the Deputy Minister’s private offices and (b)(i) job title and (ii) annual remuneration package of each specified person?

Reply:

(a) 22

(a)(i) 12

(a)(ii) 10

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

MINISTER

12

ASSISTANT ADMINISTRATIVE SECRETARY

1

ASSISTANT APPOINTMENT AND ADMINISTRATIVE SECRETARY

1

CABINET AND PARLIAMENTARY OFFICER

1

CHIEF OF STAFF: MINISTRY

1

DIRECTOR: ADMINISTRATIVE SECRETARY

1

DOMESTIC WORKER

2

DRIVER/MESSENGER

1

MEDIA LIAISON OFFICER

1

REGISTRY CLERK: SUPERVISOR

1

SECRETARY/RECEPTIONIST

1

SPECIAL ADVISOR

1

DEPUTY MINISTER

10

COMMUNITY OUTREACH OFFICER

1

DOMESTIC WORKER

1

DRIVER/MESSENGER

1

FOOD SERVICE AID

1

HEAD: DEPUTY MINISTRY

1

HOUSEHOLD AIDE

1

PARLIAMENTARY AND CABINET SUPPORT

1

PRIVATE SECRETARY

1

REGISTRY CLERK

1

SECRETARY/RECEPTIONIST

1

Grand Total

22

(b)(ii) The annual remuneration of all staff is tabulated hereunder:

Annual salary Notch (In Rands)

104073

124434

176310

181650

261372

290088

477090

744255

882042

950220

1073187

1139058

1264176

1269951

1739784

MINISTER

 0

2

 0

1

1

1

1

 0

1

1

 0

1

1

1

1

ASSISTANT ADMINISTRATIVE SECRETARY

 

 

 

 

 

 

1

 

 

 

 

 

 

 

 

ASSISTANT APPOINTMENT AND ADMINISTRATIVE SECRETARY

 

 

 

 

 

 

 

 

1

 

 

 

 

 

 

CABINET AND PARLIAMENTARY OFFICER

 

 

 

 

 

 

 

 

 

1

 

 

 

 

 

CHIEF OF STAFF: MINISTRY

 

 

 

 

 

 

 

 

 

 

 

 

 

1

 

DIRECTOR : ADMINISTRATIVE SECRETARY

 

 

 

 

 

 

 

 

 

 

 

1

 

 

 

DOMESTIC WORKER

 

2

 

 

 

 

 

 

 

 

 

 

 

 

 

DRIVER/MESSENGER

 

 

 

1

 

 

 

 

 

 

 

 

 

 

 

MEDIA LIAISON OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

1

 

 

REGISTRY CLERK:SUPERVISOR

 

 

 

 

 

1

 

 

 

 

 

 

 

 

 

SECRETARY/RECEPTIONIST

 

 

 

 

1

 

 

 

 

 

 

 

 

 

 

SPECIAL ADVISOR

                           

1

Annual salary Notch (In Rands)

104073

124434

176310

181650

261372

290088

477090

744255

882042

950220

1073187

1139058

1264176

1269951

1739784

DEPUTY MINISTER

1

2

1

0

2

0

0

2

1

0

1

0

0

0

0

COMMUNITY OUTREACH OFFICER

 

 

 

 

 

 

 

1

 

 

 

 

 

 

 

DOMESTIC WORKER

 

1

 

 

 

 

 

 

 

 

 

 

 

 

 

DRIVER/MESSENGER

 

 

1

 

 

 

 

 

 

 

 

 

 

 

 

FOOD SERVICE AID

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HEAD: DEPUTY MINISTRY

 

 

 

 

 

 

 

 

 

 

1

 

 

 

 

HOUSEHOLD AIDE

 

1

 

 

 

 

 

 

 

 

 

 

 

 

 

PARLIAMENTARY AND CABINET SUPPORT

 

 

 

 

 

 

 

1

 

 

 

 

 

 

 

PRIVATE SECRETARY

 

 

 

 

 

 

 

 

1

 

 

 

 

 

 

REGISTRY CLERK

 

 

 

 

1

 

 

 

 

 

 

 

 

 

 

SECRETARY/RECEPTIONIST

 

 

 

 

1

 

 

 

 

 

 

 

 

 

 

Grand Total

1

4

1

1

3

1

1

2

2

1

1

1

1

1

1

END

05 December 2022 - NW4320

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

(1)What interventions has his department undertaken in Hillbrow and other communities to ensure that all who live and work within the borders of the Republic are legally permitted to do so; (2) what is the position of his department on estimates by some that the Republic is home to approximately 15 million illegal and/or undocumented migrants; (3) how does his department intend to address the prevalence of undocumented and/or illegal migrants within communities; (4) whether he has found that the daily growing numbers of illegal and/or undocumented migrants is a national crisis as his department is unable to implement its immigration legislation; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

(1) The department’s inspectorate is fully engaged in immigration operations and inspections. Areas such as Hillbrow and other communities are regularly visited by immigration officials who conduct compliance. The Inspectorate unit deployed a dedicated team to Diepsloot from 6th April 2022 to 8th July 2022 where 1910 arrests were made for illegal migration. The department also conducts its own multi-stakeholder operation called “Operation Siyasibenta” on a monthly basis. On 11 November 2022 Siyasibenta operations were focused on farming areas around country with a total of 111 foreign nationals arrested for being undocumented.

(2) The department does not believe that figure is accurate as we have not been provided scientific evidence that it is so. The most credible source the department is aware of is the figures given by the Statistician General Risenga Maluleke where a figure of 3.95 million foreign nationals are said to be in South Africa according to their mid-year population estimates in 2021.

(3) The department will continue with its enforcement activities within the country as well as the deployment of the newly formed Border Guard of the Border Management Authority to the borders.

(4) The prevalence of undocumented migrants is a global due to push factors relating to either economic and environmental. The department is able to implement its legislation and has been doing so. In addition to this the department co-operates with other departments and foreign governments to tackle the problem.

END

05 December 2022 - NW4549

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

Whether, in view of the large number of rural residents who have to walk long distances and take multiple forms of transport to reach the offices of his department and the modernisation of the Home Affairs systems such as the Branch Appointment Booking System (BABS), his department has any practical alternatives to those in rural areas who do not have access to smartphones, technology and/or consistent and reliable internet connection to secure themselves slots online; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Department of Home Affairs’ Access Model has identified 778 mobile service points and the majority of them are in rural areas to service citizens; hence in the next financial year we will be buying additional mobile units to add to the current fleet and expand the footprint to ensure that citizens receive the services in their localities.

Secondly, all offices with BABS have been given tablets to assist citizens with booking and the State Information Technology Agency (SITA) is working on zero rating data requirements for government websites to enable citizens to access BABS on our website for free.

END

05 December 2022 - NW4442

Profile picture: Mthenjane, Mr DF

Mthenjane, Mr DF to ask the Minister of Home Affairs

Which steps of intervention have been taken to combat the long lines of freight trucks waiting to cross the Republic’s ports of entry?

Reply:

Border Management have identified the management of trucks along the highways, national roads and corridors towards the ports of entry as one of the factors affecting the operational dynamics in the legitimate facilitation of persons and goods.

The following planned responses as contingences were developed:

  1. The establishment of the integrated traffic management plan with all transport and traffic authorities in the respective corridors to ease traffic movements;
  2. Collaborating with stakeholders in the freight industry regarding the utilisation of truck holding areas and the diversion of trucks to these areas;
  3. The utilization of single lane processes towards the weighbridges for some controlled movements; and
  4. The deployment of dedicated traffic officers along the routes and corridors by Provincial and Local traffic authorities to ensure compliance and enforcement of traffic laws.

END

05 December 2022 - NW4148

Profile picture: Winkler, Ms HS

Winkler, Ms HS to ask the Minister of Home Affairs

Whether his department plans to implement a digital nomad e-visa like the other 40 countries that have done so globally, including Namibia, in order to promote tourism; if not, why not; if so, what are the relevant details?

Reply:

  • The current visa categories are legislated by the Immigration Act No. 13 of 2002. In its current form the Immigration Act does not make provision for digital nomad e-Visa. Therefore, there are no plans to implement a digital nomad e-visa.
  • The department has to date launched and piloted e-Visa System in 14 countries in line with the Government’s plans to streamline and modernize the visa application process to make it easier to travel to South Africa for tourism and short term business and work visits. The e-Visa System enables the prospective visitors to apply for a Visa online, while in their home countries without visiting the Mission.

END

01 December 2022 - NW4207

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

With regard to the recruitment of 10 000 unemployed youth graduates to join the digitisation project of records of his department, (a) who was awarded the tender to assist with the appointments, (b) who makes the appointment decisions, (c) for each of phase 1, 2 and 3 list the (i) offices where the recruits will work and (ii) total number of recruits allocated to each specified office and (d) what is the status of procurement of (i) scanners and (ii) workstations for the specified project?

Reply:

a) The Department has not awarded any tender to assist with the recruitment process for the 10 000 unemployed youth graduates. However, the recruitment was facilitated by the Department of Employment and Labour (DEL) through the Employment Services of South Africa (ESSA) Programme. The service was provided at no cost to the Department of Home Affairs (DHA).

b) Interview panels were set up by the DHA nationwide to interview candidates. Interview panels make recommendations for appointments.

c) The DHA adopted a phased approach for the recruitment of young unemployed graduates and as demonstrated in the table below, the allocation recruits will be per province rather than offices and is aligned to the volume of documents that require digitisation.

d) The procurement of equipment and software for the digitisation process was advertised via an open Request for Bid, which closed on 23 September 2022. The evaluation process to select a preferred provider for the duration of the project is in an advanced stage. Workstation procurement is being done through a SITA transversal contract for the 1st cohort and is due for delivery in December 2022.

END

01 December 2022 - NW4443

Profile picture: Mthenjane, Mr DF

Mthenjane, Mr DF to ask the Minister of Home Affairs

Which steps of intervention has he taken towards the abolishment of all borders to promote free trade amongst African countries?

Reply:

The promotion of free trade amongst African countries does not require the abolishment of all borders but the continued implementation of regional and continental initiatives to manage the flow of goods.

The Department of Finance as the responsible Department can provide relevant information on the current initiatives to improve the facilitation of goods into and from South Africa to give effect to free trade amongst African countries.

The Border Management Agency is working closely with the South African Revenue Services to ensure the efficient facilitation of people and goods through our ports of entry.

END

01 December 2022 - NW4362

Profile picture: Khanyile, Ms AT

Khanyile, Ms AT to ask the Minister of Home Affairs

What (a) type of visa class was granted to all the occupants of the Russian yacht called Nord that is supposed to dock in the Cape Town harbour, (b) is the duration of each visa and (c) number of occupants are on the specified yacht?

Reply:

The yacht referred to has not docked at any of South Africa’s harbours. No pre-clearance application was received for such a yacht to dock at Cape Town harbour.

END

01 December 2022 - NW4060

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Home Affairs

(1)Whether, with regard to the responsibilities of his department in relation to the Alteration of Sex Description and Sex Status Act, Act 49 of 2003, he will furnish Ms N K Sharif with a statistical summary of the most common reasons provided by the Director-General (DG) for the rejection of applications in terms of section 2(3) of the specified Act; if not, why not; if so, what are the relevant details; (2) what total number of officials in the DG's office work on assessing and deciding upon the specified applications in terms of section (a) 2(1) and (b) 2(3) of the Act; (3) whether he will furnish Ms N K Sharif with copies of all standard operating procedures, guidelines, checklists and all other guiding documentation developed by his department to help officials in the office of the DG to take decisions in terms of section 2(3) of the Act; if not, why not, if so, what are the relevant details; (4) what is the average turnaround time for the specified applications from submission by an applicant to a decision communicated to the specified applicant?

Reply:

  1. There is no statistical summary of rejected applications in terms of section 2(3) of the Act.
  2. Four (4) Officials
  3. The standard operating procedure (SOP) for the Alteration of Sex Description and Sex Status was signed in October 2020 and is applied by officials that process the applications. The Department is unable to provide a copy of the SOP due to the sensitivity of the procedures to be followed in this category of applications that involves the amendment of personal information. The documents required by the Department from applicants in this category are indicated under “Amendments” on the DHA website.
  4. The average turnaround time is 4-12 weeks

END

24 November 2022 - NW4067

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

What was the total amount of (a) legal fees that was spent on defending legal actions against his department, (b) cost orders that were made against his department and (c) contingent liabilities against his department in the 2021-22 financial year in each case?

Reply:

a) Hereunder please find a list of argued matters in court and the amount spent on legal costs.

NB: Please note that where amounts are not stated it is because the Department is awaiting invoices of payments from the Department of Justice (State Attorney). The Department of Justice is responsible for payments on behalf of Client-Departments and the Departments in turn, reimburse the offices of the State Attorney.

YEAR 2021 LOST MATTERS

 

NAMES

CATEGORY

REASON FOR THE APPLICATION

TOTAL AMOUNT

1

Dembello Markos

Immigration/ urgent

Release from detention

R209 052.95

2

Mbrik Barsodo Shafe

Immigration

Release from detention

R16 618.77

3

Alert Ndlovu

Immigration

Release from detention

R34 848.00

4

Chand Uzzal Mondol

Immigration/ urgent

Release from detention

R27 200.00

5

Dwatat Ashenut

Immigration/ urgent

Release from detention

R1 615.98

6

Deroke Ashuro Abacho

Immigration

Release from detention

R76 525.72

7

Khaled Abdelmoniem Foud

Immigration/ urgent

Release from detention

Awaiting invoice from Justice

8

Hassim Allamin

Immigration

Release from detention

Awaiting invoice from Justice

9

Faruk Omar

Immigration/ urgent

Release from detention

R173 119.97

10

S Ntukwana

Labour relations Act

Re-instatement

R53 100.00

11

Herbert Mfabi & & Musana Luzake

Immigration/ urgent

Release from detention

R27 200.00

12

Kamal Adissa Agbe Akinotcho

Immigration Act/urgent

Release from detention

R2 519.72

13

Manedo Ayano

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

14

Lamboroko Berekete

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

15

Ababa Joseph

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

16

fayez Mohammed

Immigration Act/Urgent

Release from detention

R27 744.00

17

Kotiso Tsagae

Immigration Act/urgent

Release from detention

R35 700.00

18

Amin Abukar and 5 others

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R70 000.00

19

Fayeza Nuraden

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R47 775.00

20

Douglas chidi Obere ofenedu

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

21

Rashid Adam

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R10 500.00

22

Centre For Child Law // Minister of Home Affairs and others

Births and Deaths Registration Act 51 of 1992

constitutionality of section 10— section is unconstitutional

R122 560.00

23

mezene Tedessa Someno

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R89 182.50

24

Mohlakore Matsaba

Immigration Act/Citizenship, urgent

Interdict deportation

R33 480.00

25

Dutimo Bakala

Immigration Act/ urgent

Interdict deportation

R82 100.49

26

Tugugn Tedesse Achamo

Immigration Act/ urgent

Interdict deportation

R25 561.45

27

Birhu Kibamo &Tesfaye John

Immigration Act/ Urgent

Interdict deportation

R19 200.00

28

Detamo Wondmagan

Immigration Act/urgent

Urgent application

R106 261.55

29

Hussen Mohammed

Immigration Act/ urgent

Urgent application

R102 395.07

30

Getachew Tirore Watango

Immigration Act/ urgent

Urgent application

Awaiting invoice from Justice

31

Abeni Girma Teloro

Immigration Act/ urgent

Urgent application

Awaiting invoice from Justice

32

Kanora Gabese Gabore

Immigration Act/ urgent

Urgent application

R341 250.00

33

Fhatuwani Sibanda

Citizenship Act/ Immigration Act

Urgent application

R123 395.00

34

kabula Ilunga

Immigration Act/ urgent

Urgent application

R19 550.00

35

Maria Belvedere Florencia

Labour relations Act

Labour Matter

R87 200.00

36

Ramadhani Rajabu

Immigration Act/urgent

Urgent application

R40 341.19

37

Kamorudeen Tunde Isiaq

Immigration Act/urgent

Urgent application

R34 200.00

38

Salamu Muramo Rejabo

Immigration Act/urgent

Urgent application

R11 400.00

39

Dutimo Bakala

Immigration Act/ urgent

Interdict deportation

R82 100.49

40

Echozona Lawrence Nnalue

Immigration Act /Urgent

Interdict deportation

R23 015.00

41

Bebeyi Sheye Niyi

Immigration Act /Urgent

Release from detention

R18 050.00

42

Daniel Amelate

Immigration Act/urgent

interdict deportations

R116 700.00

43

Desta Abore

Immigration

Release from detention

R97 490.00

44

Noyonkuru Elie

Immigration Act/urgent

Release from detention

R12 810.00

45

Irutabantu Destiny

Immigration Act/urgent

Release from detention

R12 870.00

 

TOTAL

   

R2 259 328.85

YEAR 2022 LOST MATTERS

1

Genamo Solomon

Immigration Act/Urgent

Release from detention

Awaiting invoice from Justice

2

Claire Breukel and Elisa Sofia Sain Serrano// minister of home affairs and others

Immigration Act/urgent

interdict/ POE

R373 235.00

3

Denise Charlotte Hausermann Gordon-Kind

Immigration Act /prohibition sec 29(2)

prohibition sec 29(2) review

R53 586.89

4

Ziaul Hoque&4 others vs Minister of home affairs and one other

Immigration Act

Setting aside decision on PR applications

R25 200.00

5

Hossan Mohammad Delawar

Immigration Act/refugee Act

Interdict against deportation

Awaiting invoice from Justice

6

Ursula Jenny Dinah Jantjies and Vili Krasimmirov Georgiev

Amendments

Ordering department to amend the details of applicant on Birth register

R53 000.00

 

TOTAL

   

R532 021.89

(b) The Department has incurred R27 071 037.81 in cost orders for the financial year 2021/2022. This composes of settled matters, mandamus applications, costs ordered by the courts, etc.

The Department has incurred R10 951 153.39 in cost orders from 1 April 2022 to date.

(c) The total amount of contingent liabilities for financial year 2021/2022 is R 2 107 068 000.00

END

 

24 November 2022 - NW3955

Profile picture: Van Zyl, Ms A M

Van Zyl, Ms A M to ask the Minister of Home Affairs

(1)What are the details, including addresses, of the Home Affairs offices situated in the municipal area of the Walter Sisulu Local Municipality; (2) whether the offices are fully staffed; if not, what (a) is the plan to staff the offices and (b) are the time frames of filling the vacant posts; (3) whether the internet works optimally at the offices; if not, why not; if so, what (a) is done when there is load shedding and (b) are his department’s plans to ensure that services are not interrupted by load shedding; (4) whether the phone lines are functional at the offices; if not, what are the time frames regarding the date it is envisaged that the phone lines will be fixed; (5) whether he has found that there are any other specified services that are not rendered and/or delivered at the offices; if not, what is the position in this regard; if so, what (a) plans are in place to ensure that the services will be delivered and (b) is the frequency of service of the mobile office to towns that are not serviced by offices?

Reply:

1. The Department of Home Affairs has two offices in the municipal area and they are Aliwal North, Local Office Medium situated at number 18 Hunt Street Aliwal North 9750 and Burgersdorp Local Office Small, No.31 Van Der Walt Street, Burgersdorp 9744,

2. Offices are not fully staffed and there is a capacitation programme currently underway to fund vacancies but all posts for office managers have been allocated funds. The Aliwal North office has appointed one Civic Service Supervisor who assumed duties as from the 1st September 2022. There is one vacant funded post of Civic Service Supervisor for Burgersdorp which emanated from the current recruitment process and will be filled soon.

3. The State Information Technology Agency (SITA) is making an investment to improve internet connectivity at DHA offices and both offices have generators that are used during load-shedding to ensure that services are not interrupted.

4. There are temporary telephone lines for Aliwal North Local Office Medium with the following numbers: 051 633 3317, 051 633 2118, 051 633 2883,051 633 2281 and they are functional. Permanent lines will be installed once Telkom is done with the migration to fibre-lines.

5. Inspectorate Services are not done at the Burgersdorp Local Office Small, due to the size of the office. At the Aliwal North Local Office Medium, recruitment for Immigration officials has started in phases. (a) The Immigration Officials of the Sterkspruit Local Office Medium, have an Itinerary that covers Senqu Local Municipality, and Walter Sisulu Local Municipality. (b)A monthly itinerary for the mobile units is drawn to service towns with no DHA footprint.

END

24 November 2022 - NW4059

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Home Affairs

(1)With regard to the responsibilities of his department in relation to the Alteration of Sex Description and Sex Status Act, Act 49 of 2003, what total number of applications has his department (a) received in terms of section 2(1) since the specified Act was promulgated, (b) granted in terms of section 3 of the specified Act and (c) rejected in terms of section 2(3) of the Act; (2) what total number of rejections had reasons communicated to the applicants as it is required in terms of section 2(3) of the Act?

Reply:

(1) (a) A total number of 476 applications were received.

(b) A total number of 7 orders were granted for alteration of sex description.

(c) No rejections were made in terms of section 2(3) of the Act.

(2) None.

END

24 November 2022 - NW4061

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Home Affairs

(1)Whether, with regard to the responsibilities of his department in relation to the Alteration of Sex Description and Sex Status Act, Act 49 of 2003, he will furnish Ms N K Sharif with all internal research that his department has conducted in terms of its responsibilities in relation to the specified Act; if not, why not; if so, what are the relevant details; (2) what total number of appeals has he received, challenging the decision of his department to reject an alteration of sex description application, since the inception of the Act; (3) whether he will furnish Ms N K Sharif with a statistical breakdown of his ruling on such appeals; if not, why not; if so, what are the relevant details; (4) whether any members of the Trans Activist Coalition have been included in the drafting processes of the amended Identifications Act, Act 68 of 1997, which will be presented to Cabinet in 2023?

Reply:

1. No internal research has been conducted as the department’s responsibility and mandate as guided by Alteration of Sex Description and Sex Status Act, Act 49 of 2003, is to process applications in this respect.

2. None received.

3. Not applicable as no appeals have been received.

4. No member of the group, identified, has formed part of the drafting team. The Bill will be gazetted for public consultation wherein comments and inputs are expected, inter alia, from the community identified.

END

24 November 2022 - NW4128

Profile picture: Singh, Mr N

Singh, Mr N to ask the Minister of Home Affairs

With regard to the dismissal of a certain employee (name furnished) who has since passed on, which was later found to be substantively and procedurally unfair by an arbitrator, what (a) has been the progress with regard to the arbitrator’s award of R232 916,67 to the specified employee’s family and (b) measures has his department actioned to ensure that their disciplinary and consequence management processes are fair to their employees?

Reply:

a) The Department does not have any outstanding arbitration award to the amount of R 232 916.67 that is due to Mr Moodley’s family.

The Department received an arbitration award dated 27 July 2010, in respect of Manickum Moodley which ordered that: -

  1. Mr Moodley be paid a sum of R232 916.67 in outstanding salary for the period May 2009 to May 2010;
  2. The first payment to the amount of R154 028.60 was paid to Mr Moodley on 31 March 2011;
  3. The second payment to the amount of R288 061.50 was paid to Mr Moodley on 14 April 2011;
  4. Mr Moodley was paid a total amount of R442 090.10 which was outstanding salary payments.

b) The Department applies the Disciplinary Code and Procedures for the Public Service which is premised on the principles of prompt, fair and consistent, amongst others.

 

END

24 November 2022 - NW4141

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

(1)Whether he will furnish Mr A C Roos with a list of the court cases in the 2022-23 financial year, in which his department has been instructed to amend regulations and/or legislation, that have not been done; if not, why not; if so, what are the relevant details; (2) whether he will furnish Mr A C Roos with a list of the (a) deadlines given by the court to effect the order for each case and (b) actions taken to satisfy the requirements of the court order in each case; if not, why not; if so, what are the relevant details?

Reply:

1. During 2022-2023 financial year the Department was instructed to amend certain sections of the Immigration Act, 13 of 2022 on the matter of Tereza Rayment & 5 others v The Minister of Home Affairs: court case No. 3919/20, as summarised hereunder:

The Applicants sought to declare the Immigration Act, 13 of 2002, unconstitutional based on Sections 10(6), 11(6), 18(2) and 43, and Regulation 17 thereof. The Western Cape High Court held that Sections 10(6), 11(1)(b) and 18(2), read with Regulation 9(5) and 9(9) are inconsistent with the Constitution of the Republic of South Africa. That declaration of invalidity was suspended for 24 months from the date of the order, to enable Parliament to remedy the inconsistency.

The Western Cape High Court ordered that the Department must consider granting the Applicants authorization to remain in the RSA in terms of Section 32(1), pending the outcome of such applications. Costs were ordered to be paid by the Department, including the costs of two Counsel.

Both the Applicants and the Department were not satisfied with the order and therefore appealed, and cross appealed respectively, resulting in the stay of the court order and thus it cannot be implemented.

2. The above-mentioned court application is the only court case during the 2022-23 financial year wherein the Western Cape High Court instructed the Department to amend its regulations and/or legislation. As mentioned above, the court order has been stayed due to the pending appeal processes.

END

 

24 November 2022 - NW4208

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

In light of the fact that the SA High Commission Canada charges CAN$127 for a passport and CAN$253 for a maxi passport and the SA High Commission New Zealand charges NZ$135 for a passport and NZ$270 for a maxi passport, what are the reasons that (a) the prices are far higher than the R1 200 for a passport and R2 400 for a maxi passport advertised on 1 November 2022, (b) non-first-time United Kingdom (UK) applicants pay the equivalent of R1 200 for a passport and R2 400 for a maxi passport when they are forced to pay an additional GBP35 to apply through Visa Facilitation Services Global and (c) non-first-time UK applicants do not have the option to apply directly at the SA High Commission?

Reply:

a)  New passport and travel document tariffs were gazetted in the Government Gazette No. 47256 dated 9 September 2022. In accordance with this Gazette, the tariff for a normal 32-page adult and child passport applied for at a South African mission is R1 200.00 while the tariff for a maxi passport applied for at a South African mission is R2 400.00. These new tariffs became effective 1 November 2022.

The missions were informed of the new tariffs for passports and travel documents under cover Revenue Circular No. 6 of 2022, dated 31 October 2022. In this regard, the missions were informed of the ‘spot rate’ to be used in instances where the tariff needs to be converted into a foreign currency. Using these ‘spot rates’ for Canada, New Zealand and the United Kingdom, the indicative prices for normal 32-page passports and maxi passports should be as per the table below:

Country

Spot rate

32 page passport

Maxi passport

Canada

0.0753383665

CAD91.00

CAD181.00

New Zealand

0.095299378

NZD115.00

NZD230.00

United Kingdom

0.047938754

GBP58.00

GBP116.00

Spot rates are used to ensure consistency in the applicable exchange rate. The Department therefore does not vary tariffs payable at the missions on a daily basis as the exchange rates fluctuate. The prices at the missions are rounded up to eliminate the need for change.

The mission in Canada applied the wrong spot rate and did not immediately update its webpage with the correct amounts for Canadian dollars. This oversight has been rectified and the current rates for passports as per the website is the following:

Adult / child passports (32 pages): CAD91:00 (http:///www.southafrica-canada.ca/regular-south-african-passports-c55-processing-fee/ )

Maxi passport (48 pages): CAD181 (http://www.southafrica-canada.ca/maxi-passports/ )

The mission in New Zealand also applied the wrong spot rate. This mission was requested to update its webpage with the correct amounts, in New Zealand dollars, for South African passports applied for at the mission.

b) The introduction of a passport pilot project in the UK through VFS was as a result of high volumes of applications and over six to nine months turnaround times with limited staffing in the Mission in London. The pilot turnaround time is one month and the service fee charged is to cover the overhead costs of VFS.

(c) The applicants may still apply at the Mission should they opt to do so and avoid paying the VFS service fee.

END

24 November 2022 - NW4209

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

Given that on 1 November 2022 the Portfolio Committee on Home Affairs was informed that staff in the Home Affairs legislative drafting unit do not have the necessary legislative drafting expertise, what (a) total number of staff are in the legislative drafting unit, (b) is the total salary and benefits of the staff in the specified unit, (c) are the reasons that staff were hired to the positions without the relevant experience, (d) work are the staff currently busy with given that they do not have legislative drafting expertise, (e) are the reasons that legislative drafting training was not undertaken for the staff, (f) period has the position of Director: Legal Drafting been vacant and (g) are the reasons that an independent legislative drafter was appointed and the skill was not brought in-house?

Reply:

(a) Six (6)

(b) R4 555 841 per annum.

(c) The Senior Legal Administration Officers have the requisite qualifications, as well as experience, to be appointed within the Unit. There is however a distinction between these competencies and that of a Specialist Legislative Drafter, who, has advanced knowledge and expertise required for the formulation of Draft Bill into a legislative framework for submission to Cabinet and Parliament, and ultimately, tabling as an Act.

(d) Currently, the Unit is developing the draft Bills relating to;

  1. Electoral Amendment Bill;
  2. Marriage Bill;
  3. National Identification and Registration Bill;
  4. One Stop Border Post Bill;
  5. Public Holidays Bill. This Bill is initiated as a result of request to determine whether or not certain public holidays should be declared as non-trading days;
  6. Security Printer’s Bill;
  7. Section 34 of the Immigration Act, 2002.

(e) Legal officials within the Legal Services Drafting Unit possess the requisite drafting skills and experience, and have been instrumental with the development of the Draft (foundation) Bill’s as detailed in (d) above. However, the process does not end within the Department and as an outcome of consultations across government Clusters and concerned entities, an integrated legislative formulation of the Draft Bill becomes possible, but prior to it being advanced to Cabinet and then Parliament for approval, it must conform to a specific framework and drafting language, and this is where the skills of a Specialist Legislative Drafter is required.

(f) The erstwhile Director: Drafting left the employment of the Department in November 2021. The Department proceeded to advertise the vacant position and is in the process of finalising the appointment of the Director: Drafting.

(g) Refer to the reasons alluded to in (e) supra above.

END

24 November 2022 - NW4217

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Home Affairs

Whether he will furnish the Leader of the Opposition with a list of all South Africans who are in possession of a diplomatic passport; if not, what is the position in this regard; if so, what are the relevant details?

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

17 November 2022 - NW4103

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Home Affairs

(1)What (a) steps have been taken to ensure that communities living in rural areas are easily accommodated in the new online application system and (b) online awareness campaigns related to the new application system have been undertaken; (2) whether any community education programmes aimed at empowering persons with the know-how were conducted; if not, why not; if so, what enabling resources does his department offer to persons to make the system more user friendly?

Reply:

(1)(a) We continue to make efforts to ensure that all communities, including those in rural areas, are accommodated in the new online application system. The Branch Appointment Booking System (BABS) is one of the Home Affairs interventions for improving services, including for our people located in rural areas.

Members of Parliament have been very helpful in the development and rollout of the online application system, particularly on the inclusion of offices in more rural communities in the pilot phase and also in the rollout of the project.

The online application system is only available for smart ID card and passport applications. Citizens are still welcome to visit Home Affairs front offices for other services.

The booking system is run on a hybrid model, with both online bookings and ‘walk-ins’ allowed. The Department allows and encourages walk-ins and also provides tablets to officials in order to help those who do not have data and would prefer to make a booking for another day instead of waiting in a queue. This is to ensure that as we rollout the new system, no one is left out, and all have access to services.

Following the launch, in June 2022, the booking system has been extended and is currently utilised in 163 of the 198 offices that have the ability to process smart ID cards and passports. At end of October 2022, more than 200 000 people have used this system.

(1)(b) I made a public announcement about the online booking system (BABS) during in my Budget Vote Speech, on 24 May 2022. This was followed by numerous radio and television interviews which I handled with the help of the Deputy Minister and delegated officials, to promote awareness on the new booking system. These interviews were in national, regional and community media platforms.

On 13 June 2022, I held a question-and-answer radio phone-in programme with 26 community radio stations.

The Communication Unit has also undertaken activations with Metro FM at Menlyn Mall, on 21 to 24 September 2022. This Unit has also developed videos and digital posters which it regularly runs on social media platforms of the Department and those of other Government departments.

(2) Yes, education programmes were and continue to be conducted, including the booking system’s activations I’ve alluded to. The Department has provided tablets to officials for them to take clients through the system and in this way we trust that those who were assisted will also be able to spread the message to others. Offices have floor walkers, queue marshalls and Office Managers to assist clients in the queues to make bookings.

To support this migration of service delivery platforms, the Communications Unit in collaboration with the BABS Project Management Office, did activations in selected offices in June 2022 where they were explaining to clients and officials how the system works.

The education programme explaining the new system was extended to cover officials in order to empower them to serve clients intending to use the new system. In this regard, information and posters were shared with Provincial and Office Managers to ensure that they assist in preparing their teams for the changes. A leaflet on the booking system was published in the in-house newsletter, Ikhaya, and the Director-General dedicated an issue of the online newsletter – Notes from the DG’s Desk – to the BABS and what it entails.

END

17 November 2022 - NW4066

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

Regarding the Government Printing Works system crashes in February 2021, 31 January 2022, 25 Μarch 2022 and 11 April 2022 that caused complete audit data loss, (a) what are the reasons that on 31 January 2022, almost a year after the total data loss of February 2021, there was no backup in place, causing yet another complete audit data loss, (b) what is the total cost of data recovery to date as a result of the system crashes, (c) by what date will the data recovery project be completed and (d) what are the total estimated costs for the completion of the data recovery project?

Reply:

(a) No audit data/information was lost on the 31 January 2022. The system disruption that happened on this day was in the Demilitarized Zone (DMZ) environment, which does not have finance/audit information. GPW used the disk-backup to restore the affected systems in the DMZ environment.

(b) The following organisations were consulted to assist with data recovery:

  • Hewlett Packard (OEM)
  • CSSI data recovery specialists
  • State Security Agency (SSA)

GPW did not raise purchase orders for all the above organisations, therefore no costs were incurred.

(c) The Original Equipment Manufacturer (HP) communicated with GPW that the data which was lost as a result of EVA hardware crash cannot be recovered. There is currently no project underway to recover lost data.

(d) GPW will not incur any costs.

END

08 November 2022 - NW3471

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

What total number of notices of birth were issued by his department to migrants who have given birth in the Republic in the past 10 years?

Reply:

The Department does not keep statistics of the manually issued notices of birth to migrants as there’s no provision on the National Population Register (NPR) to register such notices.

The Live Capture birth register module has been designed to capture such information in the future once birth registration migrate from NPR to Live Capture.

END

08 November 2022 - NW3954

Profile picture: Van Zyl, Ms A M

Van Zyl, Ms A M to ask the Minister of Home Affairs

(1)What (a) amount does his department owe to the (i) Walter Sisulu Local Municipality and (ii) Senqu Local Municipality, (b) is the age analysis in each case on monies owed and (c) are the details of the (i) building and (ii) use thereof; (2) whether his department has any plans in place to address the debts; if not, why not; if so, what (a) plan and (b) are the time frames in which the debt will be settled?

Reply:

(1)&(2)

The Department of Home Affairs (DHA) does not owe Walter Sisulu Local Municipality and Senqu Local Municipality any money for rates and services. In this regard, please note that the municipal accounts for rates and services in respect of buildings occupied by the DHA are managed and paid for by the Department of Public Works and Infrastructure (DPWI). The DHA reimburses the DPWI on a monthly basis for such expenditure.

END

02 November 2022 - NW3542

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Home Affairs

With reference to tourism visa-free countries, (a) what research has been done in this regard, (b) what are the (i) results, (ii) outcomes and (iii) conclusions reached in the specified research, (c) which countries are presently visa-free (i) for South Africans upon arrival in their respective countries and (ii) upon arrival by their citizens in the Republic and (d) on what dates did visa-free agreements commence in each country with regard to sub-questions (c)(i) and (ii)?

Reply:

(a) The Department has not conducted any research regarding the visa free countries, therefore no results are available.

(b)(i-iii) There were no plans to conduct research in this area as most of the visa agreements were already concluded since 1992.

(c)(i–ii) The list of visa free countries is attached as Annexure A. RSA does not issue visas on arrival.

(c) Agreements are concluded on reciprocity principles based on bilateral agreements. These agreements are concluded as and when agreed upon

END

24 October 2022 - NW3476

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

(1)What is the breakdown of the total number of (a)(i) refugees and (ii) asylum seekers living in the Republic, (b) applicants who have lodged appeals and/or multiple appeals after their applications were turned down and (c) Section 22 permits that are inactive as of 1 September 2022 in each case; (2) whether his department has been able to verify whether the holders of the Section 22 permits have exited the country; if not, why not; if so, what are the relevant details; (3) to what country and/or nationality do the persons who have been granted asylum and/or refugee status belong?

Reply:

(1)(a)(i) 75 033 Active Refugees

(1)(a)(ii) 165 115 Active Asylum Seekers

(1)(b) 131 858 Appeals before RAASA

(1)(c) 736 372 Inactive Asylum Seekers

2. Asylum seekers can choose to reside anywhere in the Republic. There is no sufficient capacity within the state to confirm if they still reside where they have initially declared or if they have chosen to depart the Republic.

3. Current active Refugees come from the countries listed below:

Afghanistan

East Timor

Liberia

Somalia

Algeria

Egypt

Malawi

Sri Lanka

Angola

Eritrea

Mali

Sudan

Bahamas

Estonia

Morocco

Swaziland

Bangladesh

Ethiopia

Niger

Syria

Benin

Gabon

Nigeria

Tanzania

Bulgaria

Ghana

Oman

Togo

Burundi

Guinea Bissau

Pakistan

Turkey

Cambodia

India

Palestine

Uganda

Cameroon

Iran

Russia

Ukraine

Central African Republic

Iraq

Rwanda

Yemen

Chad

Ivory Coast

Senegal

Zambia

Comoros

Jordan

Serbia

Zimbabwe

Congo

Kenya

Sierra Leone

 

DRC

Lebanon

Solomon Islands

 

END

24 October 2022 - NW2697

Profile picture: Zungula, Mr V

Zungula, Mr V to ask the Minister of Home Affairs

(1)In light of the arrest of the Pakistani kingpin who fraudulently issued visas and passports to Pakistani nationals, what (a) charges did he bring against corrupt Home Affairs officials and (b) action will be taken to deter such behavior; (2) whether he and/or his department will formally lay charges against all Pakistani nationals who fraudulently obtained South African documents and visas, and compromised our national security; if not, why not; if so, what are the relevant details; (3) whether he and/or his department will screen all visas, identity documents and passports issued to all Pakistani nationals, to verify whether they are holders of legally issued passports; if not, why not; if so, what are the relevant details; (4) what steps will he take against non-citizens who acquired South African documents illegally?

Reply:

(1)(a) Home Affairs officials who were found to be working with the Pakistan Kingpin have been taken to DC and expelled from the Department. Others have been arrested for fraud and corruption and the cases are ongoing. The Hawks are still continuing the investigations and we expect more arrests.

(1)(b) The actions taken are divided into four (4) main categories. Viz:

  • Consequence Management as dismissals, arrest and charges of fraud and corruption.
  • The Department has just created and filled a new post of Chief Director Prevention and Analysis. This job is to analyse all our systems, pick up gaps and weaknesses and provide a way to close up such weaknesses in order to prevent fraud.
  • Technology improved, e.g. moving away from our old biometric system which has only fingerprint and a photo to a new one which has a fingerprint, a photo, iris recognition, facial recognition and a palm print.
  • Changing our standard operating procedures e.g. in the past third parties could go to any Home Affairs office to collect a passport and hand it over to the owner. Now after this event, a passport can only be collected from the office where it was applied for, and only the owner can collect it after activity if in the office with their own fingerprint.

2. Yes, we certainly are doing so, and not only for Pakistani Nationals, but for all people who fraudulently obtain our documents.

3. A team that was led by former Director-General in the Presidency, Dr Cassius Lubisi was commissioned to review all visas and permits that was issued by the Department to all foreign nationals (Not only Pakistani nationals) since 2004 to the end of 2021. Some of their findings have already been handed over to the hawks. The team also recommended that we appoint a multidisciplinary team consisting of investigators, data analysis, forensic experts, senior councils and IT experts. This team will be given the reports and do a deep-drive investigations into them so that they may prepare dockets, put up team to trace and deport and retrieve our documents. We are in the process of acquiring such a team through our procurement processes.

4. We follow legal procedures to retrieve our documents. Having done so, the person will be illegal and liable for deportation.

END

14 October 2022 - NW3538

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

With regard to section 27(F) Financial Independent Applications, what is the total number of (a) applications received by his department that have not been finalised, (b) staff working on the specified applications and (c) applications (i) finalised and (ii) rejected in the six-month period from February to August 2022?

Reply:

a) The number of applications not finalised from July 2016 to September 2022 is 125, which is part of the backlog project.

b) 11 Adjudicators worked on this category of applications.

(c)(i) 36 applications have been finalised.

(c)(ii) 32 applications have been rejected.

END

10 October 2022 - NW3334

Profile picture: Khanyile, Ms AT

Khanyile, Ms AT to ask the Minister of Home Affairs

What progress has his department made in providing a One-Stop Border Post in Beitbridge?

Reply:

Cabinet adopted and approved the One Stop Border Post (OSBP) policy in March 2022.

OSBP legislation must be enacted which should inter alia allow for the deployment of the employees in the foreign territory through a co-location principle. Draft legislation will still need to be prepared and considered by Cabinet. The Department is procuring the service a specialiset legistaive drafter to assist in this regard. The deadline for submission of the draft OSBP Bill to Cabinet is 31 March 2023 as per the Department’s 2022/23 Annual Performance Plan (APP). Should Cabinet approve, it will become the prerogative of Parliament to enact the legislation should it wish to do so.

Implementation of the OSBP at Beitbridge would be possible once the applicable legislation is in place and the border post is redesigned and redeveloped. In respect of the redevelopment of our key six land ports of entry, including Beit Bridge, the Department of Home Affairs has requested approval from National Treasury for TAII approval in accordance with the prescribed Public Private Partnership (PPP) process. This approval will enable the Department to issue a request for proposals (RfP) to the market.

To summarise, for a One-Stop Border Post to work at Beit Bridge, the enabling legal framework must be created and the physical layout of the port of entry changed, in consultation / agreement with the Zimbabwean government.

END

 

10 October 2022 - NW3333

Profile picture: Khanyile, Ms AT

Khanyile, Ms AT to ask the Minister of Home Affairs

Whether his department will retain the opportunity on a permanent basis for asylum seekers to renew their asylum papers online like they did during the hard lockdown phase; if not, will his department revert to the in-person renewal process; if so, what are the relevant details?

Reply:

The Department will continue with the online renewal of documents and will over the next three months work to streamline the process in order to address some of the concerns raised by clients.

Those clients who are unable to use the online platform will be able to approach a Refugee Reception Office for assistance.

Furthermore, a stakeholder engagement drive within the refugee and asylum seeker communities will be undertaken in the next few months to address concerns as the department continues to improve servicing clients through digital platforms.

END

10 October 2022 - NW3277

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

In each month of the 2021-22 financial year, what (a) total number of persons were (i) detained at and (ii) deported from the Lindela Repatriation Centre, (b) total number of (i) refugees and (ii) asylum seekers were transported from the specified centre to the street outside the Office of the United Nations High Commissioner for Refugees in Pretoria in May 2022, (c) total amount was paid to transport the deported persons and (d) are the reasons that the persons were transported to the specified place and not released?

Reply:

a) The total number of persons (i) detained and (ii) deported from the Lindela Repatriation Centre is as follows:

Month

Number of Detainees

Number of Deportees from Lindela

     

April 2021

1 058

881

May 2021

1 044

1 081

June 2021

879

926

July 2021

809

1 158

August 2021

865

476

September 2021

1 154

1 315

October 2021

1 184

1 217

November 2021

961

953

December 2021

951

872

January 2022

1 022

693

February 2022

775

1 065

March 2022

316

655

Total

10 018

11 292

b) A total of 85 of the refugee and asylum protestors requested to voluntarily leave the facility. The first group of 20 where transported to Sunnyside, Pretoria as per agreement with the United Nations High Commission for Refugees (UNHCR) that DHA would assist with transport for those who voluntarily opted for community re-integration. A similar process was followed of transporting the remainder of the 65 protesters to the park next to the UNHCR offices.

(c) The total cost R 3 374, relating to fuel for the vehicles.

(d) The first group of 20 protesters requested to leave the Lindela facility and to be assisted with transport to Sunnyside, Pretoria, as the majority of them had previously resided there.

The second group of 65 while being transported to Sunnyside, demanded to be dropped off at the park next to the UNHCR building, where they were staying in 2019 before they were transported to Lindela. The officials acceded to their demands to be dropped off at UNHCR as they were becoming hostile.

END

10 October 2022 - NW2805

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

(1)With reference to his indication in November 2019 that his department is working around the clock to ensure that the registration of a public-private partnership (PPP) for visa facilitation services occurs timeously, and in view of the fact that the contract with VFS Global was extended to December 2022 without going to tender for several years past the expiry of the original contract, what is the progress on registering the PPP; (2) with the current contract giving the specified company a monopoly on visa processing services and has seen several local companies and professionals that previously provided visa services out of business, what has he found to be the reason for the lack of political will to provide a visa facilitation service that benefits not only the international corporate, but also South African immigrations professionals as provided by a PPP model?

Reply:

1. The Department registered a PPP project with the National Treasury on the 14th of January 2020. The Project is allocated reference N138. The National Treasury through the Government Technical Advisory Component (GTAC) has been providing support and guidance to the Department.

2. Please provide us with evidence that there is lack of political will. The Department had already appointed a service provider (24 May 2022) through an open bidding process (Kelotlhoko Consulting Services) as a transaction advisor to conduct a feasibility study and PPP procurement for VISA and permit application centre services through a Public Private Partnership (PPP) for a period of three years. This appointment was part of the requirements of the PPP model. However, it came to the attention of the Department that the appointed service provider was convicted of money laundering under Case No 111/40/2022 at the Pretoria Specialised Commercial Crimes Court in that Mr Kgatitsoe (the owner) submitted fake invoices to the Fetakgomo Tubatse Local Municipality and the Department followed a process to cancel the contract. The Department has successfully cancelled the contract and will be commencing with a new competitive process to replace this contract. All service providers will be provided with an equal opportunity through the PPP process.

END

10 October 2022 - NW3267

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Home Affairs

What total number of (a) arrests have been made with reference to combating fraudulent South African passports and (b) prosecutions have taken place in this regard in the (i) past three financial years and (ii) since 1 January 2022?

Reply:

(a) Since 2019 to date 45 people have been arrested; 10 officials and 35 members of the public.

(b)(i) In the past three financial years, 1 official has been prosecuted and a sanction of 8 years’ imprisonment imposed.

(b)(ii) 44 of the 45 cases are still pending in court.

END

10 October 2022 - NW3044

Profile picture: Tito, Ms LF

Tito, Ms LF to ask the Minister of Home Affairs

(a) How does his department intervene in cases where a person does not have the funds to pay for their own DNA tests in the quest of proving their nationality as South African and (b) what other alternatives does his department make available for poor, undocumented South Africans?

Reply:

1.  Honourable member DNA tests are conducted for many reasons in the department and not just for people to prove their nationality. The test can be conducted for proving parenthood of South Africans themselves.

Unfortunately, there is no waiver of fees process in place by the department for the parents who cannot afford DNA tests, as the fees and tariffs hereto are administered by the National Health Laboratory Services (NHLS). The institution is not dictated to by the Department of Home Affairs as it is a Department of Health facility.

The Department however has a Memorandum of Agreement with the Department of Health. Presently the two departments are exploring a possibility of provision of paternity tests free of charge or at a minimal fee to indigent clients if the Department of Health agrees.

2. Obviously, these are indigent people who are referred to the Department of Social Development to assist.

END

10 October 2022 - NW3265

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Home Affairs

What (a) plans and strategies are in place to protect the rights of tourists and travelers from the lesbian, gay, bisexual, transgender, queer and intersex community, (b)(i) mechanisms, (ii) processes and (iii) procedures have been put in place in this regard, (c) are the timelines, time frames, deadlines and milestones in this regard and (d) is used as a yardstick to measure it in each instance?

Reply:

(a – d)

Travelling of all persons through our international borders, irrespective of their sex, gender and sexual orientation, is regulated through the Immigration Act No 13 of 2002 and South African Passports and Travel Documents Act No 4 of 1994. Section 9(3)(a) of the Immigration Act states that, “No person shall enter or depart from the Republic unless he or she is in possession of a valid passport, and in the case of a minor, has his or her own valid passport. Subject to the provisions of this Act, every South African citizen shall be entitled to a South African passport”. Section 3 of the South African Passports and Travel Documents Act states that, “Subject to the provisions of this Act, every South African citizen shall be entitled to a South African passport”.

In administering these legislation, the Department observes the provisions of the Constitution of the Republic, Act 108 of 1996. Section 9(3) of the Constitution provides that the State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Therefore, the rights of tourists and travelers from the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) community are protected through the Bill of Rights.

As far as transgender travellers are concerned, the Department does not refuse entry to visitors who carry non-binary passports; that is, passports that do not indicate a person’s gender. As for SA citizens, the current legislation only allows for the issuing of binary passports; that is, passports that indicates a person’s gender (male or female). The Official Identity Management Policy, which was approved by Cabinet in March 2022, recommends the introduction of non-binary identification documents. Subsequent to Cabinet approval of the Official Identity Management Policy, the Department began with the process of drafting the new Identification Act which will also impact on the current SA Passports and Travel Documents Act. The plan is to submit the new Identification Act to Cabinet by March 2023 to request approval for public consultations. It is anticipated that the new legislation will be tabled in Parliament during the 2023/24 financial year.

END

 

10 October 2022 - NW2945

Profile picture: Winkler, Ms HS

Winkler, Ms HS to ask the Minister of Home Affairs

With reference to his reply to question 209 on 24 February 2022, what criteria, apart from academic qualifications, are used to determine whether a person has critical skills?

Reply:

I have published on 2 August 2022 an updated critical skills list for South Africa, showing what skills are in short supply across the country. The new list has added 39 new skills, building on top of the previous publication in February of this year.

The critical skills list falls under the Immigration Act, No. 13 of 2002 which is administered by the Department of Home Affairs and sets out the qualifications and skills deemed to be critical for the country in relation to an application for a critical skills work visa or permanent residence permit. An application for critical skills work visa or permanent residence permit needs to be part of the 140 skills identified in the critical skills list. The complete list can be found in the government gazette no. 47182 dated 2 August 2022.

Furthermore, Regulation 18(5) of the Immigration Act, prescribes that the following criteria be applied when determining whether a person has critical skills:

a) a confirmation, in writing, from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, or any relevant government Department confirming the skills or qualifications of the applicant and appropriate post qualification experience;

b) if required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act; and

c) proof of evaluation of the foreign qualification by SAQA and translated by a sworn translator into one of the official languages of the Republic.

END

10 October 2022 - NW2857

Profile picture: Tito, Ms LF

Tito, Ms LF to ask the Minister of Home Affairs

What is the total number of children aged between 0-18years who (a) have one parent registered on their birth certificates and (b) have both parents registered on the birth certificates?

Reply:

a) Currently the Department, does not disaggregate children’s birth certificate according to whether they have a single parent or not. The Department intends to develop a system that generates data related to the above. However, data for both parents is contained in the unabridged birth certificate.

b) Section 9 dealing with Notice of birth in subsection (1) of the Births and Deaths Registration Act (Act 51 of 1992) states that, in the case of any child born alive, any one of his or her parents, or if the parents are deceased, any of the prescribed persons, shall, within 30 days after the birth of such child, give notice thereof in the prescribed manner, and in compliance with the prescribed requirements, to any person contemplated in section 4. There is no provision made in terms of the Births and Deaths Registration Act (Act 51 of 1992) for both parents to register children on their birth certificates.

10 October 2022 - NW3540

Profile picture: George, Dr DT

George, Dr DT to ask the Minister of Home Affairs

Whether a Home Affairs office will be opened in Knysna; if not, why not; if so, (a) on what date is it envisaged that the specified office will open and (b) what range of services will be offered?

Reply:

(a) The Department has been looking at establishing an office in Knysna for a few years now, amongst others, but due to the lack of funding was unable to do so. The Department has embarked on an extensive study to revise and align the department’s access model with service delivery demand. A funding proposal for newly proposed offices and service points as per the approved DHA Access Model were submitted to the National Treasury.

In the interim, to service Knysna and surrounding areas, an on line access point was established and capacitated with effect from 01 September 2022, at the Knysna Public Health Facility. The access point at the health facility will be issuing critical enabling documents such as (1) birth registration for children born within 30 days from the birth event and (2) render death registration functions.

Mobile Units, from the Plettenbergbay Office, also currently render services to the Knysna community and surrounding areas upon request from the Municipality. All schools in the area were serviced by Mobile Units earlier in the year to ensure that all matriculants were enabled with their ID documents. The Plettenbergbay Office also facilitated outreach programmes in collaboration with the Municipality. They recently serviced Khayalethu and was part of the Municipal Project for dealing with destitute persons living on the street.

The DHA Mobile Units will also form part of the upcoming Provincial Government Thusong Programme which is due to take place in the Knysna area on 18 and 19 October 2022.

(b) The range of services rendered through Mobile Units are birth registration, smart ID cards applications and collections, passport applications and collections, re-printing of birth, marriage and death certificates, rectifications and amendment applications and the issuance of temporary ID Certificates.

END

10 October 2022 - NW3537

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

With regard to legal action against his department, what (a) is the total number of (i) cases and (ii) mandamus applications currently on various court rolls in the Republic, (b) has been the (i) average and (ii) total cost orders against his department in the 202122 financial year and (c) is the total quantum of legal fees incurred by his department in defending the specified cases and applications in the specified financial year?

Reply:

a) (i) During the financial year 2021/2022, the Department received a total number of 2371 court applications. It must be noted that not all 2371 applications seek relief against the Department and therefore, the Department does not oppose these matters. In some matters, the Department is cited to take note or implement the court order after the court outcomes. Matters such as registration of customary marriages, adoptions, etc are not opposed, the Department’s only role in these matters is to implement the court outcome.

(ii) The Department received a total number of 792 mandamus applications which are currently on various court rolls in the Republic. These matters include class actions or multiple applicants in one court application.

b) (i) The average of total cost orders in the Department is R33 062,69 legal costs.

(ii) The total cost orders against the Department is 846 for the 2021/2022 financial year.

c) The total quantum of legal fees incurred by the Department in defending court cases during the 2021/2022 financial year is R27 971 037,81.

END

10 October 2022 - NW3536

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

(1)Whether the announcement at the meeting of the Portfolio Committee on Home Affairs on 13 September 2022 that foreign religious leaders would no longer qualify for work visas has been implemented as a regulation and/or directive; if not, what is the position in this regard; if so, what are the relevant details of such a regulation and/or directive; (2) whether the work visa ban apply to foreign religious leaders already living and working in the Republic; if not, what is the position in this regard; if so, on which constitutional provisions does his department rely in this regard; (3) whether foreign religious leaders are prohibited from applying for permanent residence; if not, what is the position in this regard; if so, what are the relevant details; (4) whether his department engaged in a public participation process and/or consultations with religious organisations on how the ban would affect religious communities; if not, why not; if so, on what dates did the consultations and/or public participation processes take place?

Reply:

1. In 2018 the Department Gazetted the Immigration Regulations which allow Religious Workers to apply for a long-term section 11(1)(b)(iv) visitor’s visa for the prescribed activity of religious work. The terms and conditions of this visitor’s visa is that the holder may not apply for permanent residency using this visa, regardless of the period of continuous stay in South Africa. The statement to the Portfolio Committee is therefore supported by the 2018 Immigration regulations.

2. The introduction of Immigration Regulations is never applied or implemented retrospectively. Therefore, any Religious worker who is already living and working in the Republic, and is a holder of a validly issued work visa is not affected by the 2018 Immigration Regulations.

3. The Immigration Act stipulates various categories of visas with which the holder may apply for permanent residence. A work visa, with continuous residence for five years qualifies the holder to make an application for permanent residence. A holder of a validly issued work visa may apply for permanent residence regardless of their occupation. This also includes Religious Workers who are holders of valid work visas. Conversely, a Religious Worker who does not hold a work visa may not apply for permanent residence in terms of the Immigration Act.

4. The statement by Minister was not an announcement of a new piece of legislation, directive or regulations. It was an emphasis on what the current legislation already stipulates. There is, therefore, no need for public consultations.

END

10 October 2022 - NW3405

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Home Affairs

With reference to digital nomad visas, (a) what research has been done in this regard, (b) what are the (i) results, (ii) outcomes and (iii) conclusions reached in the specified research, (c) by what date will such visas be introduced and (d)(i) how will this be marketed, (ii) who will be responsible for such marketing and (iii) to which markets will the marketing be directed?

Reply:

(a)

(b) (i) (ii) (iii)

(c)

(d) (i) (ii) (iii)

The Department has not conducted any research with reference to digital nomad visas. However, the President in his State of the Nation Address on 14 February 2022 announced that he had appointed former Department of Home Affairs Director-General, Mr Mavuso Msimang to review the Visa Regime.

I therefore request the Honourable De Freitas to await outcomes of the report.

END

10 October 2022 - NW3404

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Home Affairs

With reference to remote working visas, (a) what research has been done in this regard, (b) what are the (i) results, (ii) outcomes and (iii) conclusions reached in the specified research, (c) by what date will such visas be introduced and (d)(i) how will this be marketed, (ii) who will be responsible for such marketing and (iii) to which markets will the marketing be directed?

Reply:

(a)

(b) (i) (ii) (iii)

(c)

(d) (i) (ii) (iii)

The Department has not conducted any research with reference to remote working visas. However, the President in his State of the Nation Address on 14 February 2022 announced that he had appointed former Department of Home Affairs Director-General, Mr Mavuso Msimang to review the Visa Regime.

I therefore request the Honourable De Freitas to await outcomes of the report.

END