Questions & Replies: Home Affairs
2011-05-04
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QUESTION 3760 / NW4550EDATE OF PUBLICATION: Friday, 25 November 2011
INTERNAL QUESTION PAPER NO 41 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) Whether her Department has ceased allowing representatives of Non-Governmental Organisations (NGOs), such as Sonke Gender Justice Network, to access asylum seekers at Refugee Reception Offices with the aim of assisting their integration into society; if not, what is the position in this regard; if so, (a) why, (b) when did this prohibition come into effect and (c) at which offices is this prohibition in effect;
(2) whether her Department implements any measures to assist with the integration of asylum seekers into local society; if not, why not; if so, what are the relevant details of such measures?
NW4550E
REPLY:
(1)(a) No. NGOs are allowed access into the Refugee Reception Centres, once, they have submitted formal written requests with sufficient motivation to do so. The requests will be carefully scrutinised, and permission will be granted to the NGO, if it meets the criteria. This is to ensure the protection of Asylum Seekers, and Refugees, and to regulate the operations of the Refugee Reception Offices to ensure that there is order, and efficiency in operations.
(1)(b)&(c) The provision for NGOs to submit a written request for access to the Cape Town Refugee Reception Office came into effect in August 2011.
(2) The Department's mandate is to issue documentation to Asylum Seekers, and recognised Refugees to regulate their stay in the RSA. Presently, there are no measures in place by the Department to assist with the integration of Asylum Seekers into local society, as the current legal framework only requires the Department to give access to asylum procedures, and issue temporary Asylum Seeker Permits to sojourn in the RSA, pending the applicant's status determination.
QUESTION 3399 / NW4083EDATE OF PUBLICATION: Friday, 04 November 2011
INTERNAL QUESTION PAPER NO 36 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) Whether she or any official of her Department has issued a directive or similar instruction or guideline (a) identifying non-refugee producing countries and (b) that persons from such countries approaching Refugee Reception Offices may not be allowed the opportunity to apply for asylum; if so, (i) what are the details of the directive or guideline and (ii) on what legal grounds was it issued;
(2) whether she or any official of her Department has issued a directive or similar instruction or guideline that persons who are not in possession of asylum transit visas (details furnished) approaching Refugee Reception Offices may not be allowed the opportunity to apply for asylum; if so, (i) what are the details of the directive or guideline and (ii) on what legal grounds was it issued;
(3) whether she has been informed that the Durban Refugee Reception Office does not accept applications for asylum from Bangladeshi nationals unless they are in possession of asylum transit visas; if so, what action (a) has she taken in this regard and (b) does she intend to take with regard to approximately 150 affected asylum seekers (details furnished)?
NW4083E
REPLY:
(1)(a)&(b) No.
(2) No.
(3)(a)&(b) No. However, the allegations were investigated. The Durban Refugee Reception Office (DRRO) confirmed that it does accept applications from Bangladeshi nationals, even, when they do not have Asylum Transit Visas. This practice is, also, applied to, all, other nationalities. However, the DRRO prioritises applicants with Asylum Transit Permits, followed by those without Asylum Transit Permits, or without any form of documentation.
QUESTION 3363 / NW4025EDATE OF PUBLICATION: Friday, 25 October 2011
INTERNAL QUESTION PAPER NO 35 of 2011Mr N J J van R Koornhof (Cope) to ask the Minister of Home Affairs:
Whether she intends to propose that certain categories of academics, Members of Parliament and businesspeople be exempted from United Kingdom visa requirements; if not, why not; if so, what are the relevant details?
NW4025E
REPLY:
No. The status quo remains as per my response to Parliamentary Question 2162, attached herewith as Annexure A for easy reference.
QUESTION 3276 / NW3745E
DATE OF PUBLICATION: Friday, 28 October 2011
INTERNAL QUESTION PAPER NO 35 of 2011Mr L W Greyling (ID) to ask the Minister of Home Affairs:
What amount in orders has been placed, with each specified travel agency that has been contracted by her office, (a) in the 2010/11 financial year and (b) during the period 1 April 2011 up to the latest specified date for which information is available?
NW3745E
REPLY:
(a) A total amount of orders, and paid to the four (4) travel agencies contracted in the financial year 2010/11:
| Travel Agency | Total Orders | Amount Paid |
| Wings Naledi | 9 771 | R110, 870, 400.00 |
| Duma Travel | 5 770 | R52, 760, 511.12 |
| Magic Travel | 13 266 | R94, 269, 083.93 |
| Connex Travel | 2 300 | R10, 322, 432.07 |
| Total Expenditure | 31 107 | R268, 222, 427.12 |
(b) The Department was utilising four (4) travel agencies, during 2010/2011 financial year, on a rotational basis, as there was no contract in place. Furthermore, during the reporting period, the Department was involved in two major projects, namely, the FIFA Soccer World Cup, and the National Population Registration Campaign. These projects involved accommodation, and travelling, hence, the increase in expenditure.
The current financial year to date:
| Travel Agency | Total Orders | Amount Paid |
| Duma Travel | 3 109 | R36, 410, 343.00 |
| XL Nexus Travel | 1 561 | R16, 620, 33.07 |
| Total | 4 670 | R53, 030, 675.07 |
The Department of Home Affairs advertised the tender for managing its travel, and accommodation expenses, and contracted the two agencies. The travel, and accommodation expenses are for the normal operations of the Department.
QUESTION 3252 / NW3867EDATE OF PUBLICATION: Friday, 21 October 2011
INTERNAL QUESTION PAPER NO 33 of 2011Mr G B D Mc Intosh (Cope) to ask the Minister of Home Affairs:
(1) Whether her Department negotiated with the Department of Defence for the transfer of 350 Defence Force personnel to her Department; if not, what is the position in this regard; if so,
(2) whether her Department was involved with the selection of these personnel; if not, why not; if so, what are the relevant details;
(3) whether the 350 personnel will be paid on the same salary scale as her personnel; if not, why not; if so, (a) what are the relevant details, (b) when was the interdepartmental agreement signed and (c) when will the new personnel commence their duties in her Department;
(4) whether these new personnel will be trained; if not, why not; if so, (a)(i) by whom, (ii) when, (iii) where and (iv) for how long will they be trained and (b) how were the training personnel recruited;
(5) whether there were any tenders put out for the training of these personnel; if not, why not; if so, what are the relevant details?
NW3867E
REPLY:
(1) Yes. The Department of Home Affairs negotiated with the Department of Defence for the transfer of 350 Defence Force personnel to the Department of Home Affairs.
(2) Yes. The Department of Home Affairs, closely, collaborated with the Department of Defence in the selection, and recruitment process:
· The Department of Home Affairs provided profiles to the Department of Defence, who, then, advertised the posts, internally, after the adverts were quality assured by the Department of Home Affairs
· Shortlisting, and interviews were, jointly, conducted by the Department of Home Affairs, and the Department of Defence
· A Selection Board comprising of members of, both, the Department of Home Affairs, and the Department of Defence conducted the final selection
· All the relevant procedures for testing the candidates were followed.
(3)(a) They will be remunerated according to the posts they occupy.
(3)(b) The Interdepartmental Agreement was drafted during the month of July 2011.
(3)(c) The new personnel assumed their duty on 24 October 2011.
(4)(a) Yes. All new personnel are being trained.
(i) The training will be conducted by 30 Training Specialists appointed by the Department of Home Affairs together with the Specialist Trainers from Cuba.
(ii) The training commenced on 24 October 2011.
(iii) At the Department of Defence's training facilities in the Northern Cape.
(iv) The training is scheduled from 24 October 2011 – 15 December 2011.
(4)(b) The Training Specialists were recruited through advertisements for the posts.
(5) No. There was no need to issue tenders.
QUESTION 3251 / NW3866EDATE OF PUBLICATION: Friday, 21 October 2011
INTERNAL QUESTION PAPER NO 33 of 2011Mr G B D Mc Intosh (Cope) to ask the Minister of Home Affairs:
Whether there have been any protests by foreigners at any deportation centres since 1 January 2010; if not, what is the position in this regard; if so, (a) at which centres, (b) how were these protests dealt with and (c) what mechanisms are in place to ensure that (i) these protests are kept to a minimum and (ii) security is on high alert?
NW3866E
REPLY:
(a) Yes. There were two protests by foreigners at the Lindela Holding Facility on
4 October 2011 and 17 October 2011 respectively.
(b) The BOSASA Security Company has the capacity to deal with the protests. As, and when necessary, the South African Police Service are brought in to supplement their capacity.
(c)(i) & (ii) Same as (b) above.
QUESTION 3214 / NW3826E
DATE OF PUBLICATION: Friday, 21 October 2011
INTERNAL QUESTION PAPER NO 33 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) With reference to her Department's 2010/11 Annual Report and the references reported therein where compliance could not be measured due to an absence of a measuring tool, why measuring tools were not developed in her Department prior to targets being set;
(2) whether any measuring tools have been developed in each case since the tabling of the report; if not, why not; if so, what are the relevant details of each such tool?
NW3826E
REPLY:
In respect of Asylum Seeker Management:
(1) The National Immigration Information System (NIIS) was developed, and implemented to enable the Department of Home Affairs to manage asylum business data, and information, effectively, and efficiently. Challenges were, however, experienced with regards to the processing of new data, in respect of reporting, and business processes.
(2) As indicated in my Budget Vote speech, the enhancement and integration of the NIIS is vital, and critical to enable the Department to measure performance, in regard to the management of Asylum Seekers.
The Department is, currently, working on optimizing its measuring tools, through the enhancement of the NIIS. Enhancements in the NIIS include:
§ Automated status change within NIIS
§ Track and Trace (Audit trail)
§ Pre-screening, or verification module
§ Registration module
§ Refugee Status Determination module
§ Appeal and Review modules
§ Refugee Identity Documents module
§ Refugee Travel Documents module
§ Data and Report Management module
§ Integration of the NIIS into the National Population Register, the Enhanced Movement Control System, and Case Management Solution of the Department's Inspectorate
In respect of Permits:
(1) A basic report generating measuring tool in EXCEL was developed, and implemented, in order to report on performance indicators for Visa applications, Temporary and Permanent Residence Permit applications. However, during an audit on the performance in the 2009/10 financial year, the Auditor General rejected the reporting tool, sighting it as unreliable, since evidence could be manipulated.
(2) A Track & Trace reporting tool for Temporary and Permanent Residence Permit applications was already developed in 2009, but, only, rolled out to all Permitting Offices (Large Offices) by June 2010, hence, the reason why an annual report, with reliable Permit statistics, could not be generated, according to the required standard. The new reporting tool called Track and Trace is, now, available within the Permitting environment. It can provide details on the number of applications submitted during a specific period, for specific categories of permits, the nationality of applicants, etc.
A more reliable reporting tool for Visa, Temporary, and Permanent Residence Permit applications submitted abroad, remains a challenge, due to the lack, and reliability of Information Technology systems at some South African Missions abroad. However, the Department of Home Affairs is addressing this situation with the assistance of the Department of International Relations and Cooperation.
QUESTION 3194 / NW3801EDATE OF PUBLICATION: Friday, 21 October 2011
INTERNAL QUESTION PAPER NO 33 of 2011Mr R B Bhoola (MF) to ask the Minister of Home Affairs:
Whether she has finalised a forensic investigation into the tender processes for the Smart Card ID project which was not completed by the State Information Technology Agency; if not, why not; if so, what are the relevant details?
NW3801E
REPLY:
It is suggested that the Honourable Member refers this question to the Minister of Public Service and Administration as the State Information Technology Agency (SITA), which resorts under his jurisdiction, managed the Smart Card ID tender process.
QUESTION 3190 / NW3784EDATE OF PUBLICATION: Friday, 21 October 2011
INTERNAL QUESTION PAPER NO 33 of 2011Mr G B D Mc Intosh (Cope) to ask the Minister of Home Affairs:
Whether thePublic Servants Association of SA (PSA) has instituted legal action against her Department over the alleged militarisation of her Department; if so, (a) how does her Department intend to defend the matter and (b) why; if not?
NW3784E
REPLY:
Yes. The PSA has instituted legal action against the Department of Home Affairs.
(a) The Department of Home Affairs filed a Notice of Intention to Oppose the application. The matter, then, was served in the Labour Court on 6 October 2011. In its judgement on
13 October 2011, the Labour Court dismissed the application of the PSA. Subsequent to this ruling, the PSA has filed a Notice of Application for Leave to Appeal the judgment on 17 October 2011.
(b) Not applicable.
QUESTION 3084 / NW3607EDATE OF PUBLICATION: Friday, 14 October 2011
INTERNAL QUESTION PAPER NO 31 of 2011Mr J Selfe (DA) to ask the Minister of Home Affairs:
(1) Whether her Department has a system in place to ensure that detained offenders who are foreign nationals and have been deported are prevented from (a) returning to South Africa or (b) acquiring a visa; if not, why not; if so, what are the relevant details;
(2) whether her Department has any policy in place in this regard; if not, why not; if so, what is her department's policy with regard to offending foreign nationals who return to South Africa?
NW3607E
REPLY:
(1)(a)&(b) Yes. The Department of Home Affairs has a system, in place, to prevent detained offenders from returning to the Republic of South Africa (RSA), or acquiring a Visa. Prohibited persons are placed on the Department's Visa and Entry Stop List to prevent them from returning to the RSA, once deported, and obtaining a Visa, a Temporary, or a Permanent Residence Permit.
(2) Yes. Foreign nationals who are convicted, and detained because of criminal offences committed, are deported from the RSA after serving their sentences. Such foreigners are regarded as prohibited persons, in terms of section 29(1)(c) of the Immigration Act, 2002 (Act No 13 of 2002). Any prohibited person found in the RSA is dealt with, in terms of the Immigration Act.
Further, any foreign national deported from the RSA becomes a statutory prohibited person. Such person can, only, return to the RSA after an application for rehabilitation has been approved. In terms of Regulation 34 of the Immigration Regulations, rehabilitation can, only, take place after four years of absence from the RSA, and upon a request by the foreigner, in which he, or she makes a solemn affirmation that he, or she will comply with the Immigration Act.
QUESTION 3064 / NW3586EDATE OF PUBLICATION: Friday, 14 October 2011
INTERNAL QUESTION PAPER NO 31 of 2011Mr J R B Lorimer (DA) to ask the Minister of Home Affairs:
(1) Whether (a) she, (b) the Deputy Minister and (c) any senior officials of her Department intend to visit or have visited New Zealand during the 2011 Rugby World Cup Tournament; if so, what is the (i)(aa) name, (bb) rank and (cc) position or designation of each specified person accompanying (aaa) her, (bbb) the Deputy Minister and (ccc) each specified senior official and (ii)(aa) nature and (bb) official reason for the visit;
(2) what (a) total amount will be spent or has been spent on the trip and (b) is the
(i) description and (ii) detailed breakdown of the amounts that will be spent or have been spent on (aa) accommodation, (bb) travel and (cc) subsistence costs?
NW3586E
REPLY:
(1)(a) to (c) No. Neither, myself, or the Deputy Minister, nor any senior officials of the Department of Home Affairs have visited, or intend to visit New Zealand, during the 2011 Rugby World Cup Tournament.
(2)(a) & (b) Not applicable.
QUESTION 3021 / NW3505EDATE OF PUBLICATION: Friday, 14 October 2011
INTERNAL QUESTION PAPER NO 31 of 2011Mr T D Lee (DA) to ask the Minister of Home Affairs:
(1) Whether (a) her Department and (b) any Entity reporting to her was approached by a certain political organisation (name furnished) to contribute to its 66th birthday celebrations; if so, in each case, (i) which Entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) her Department and (b) any of the specified Entities reporting to her agreed to the request; if not, what is the position in this regard; if so, in each case, (i) who approved the request, (ii) what was the justification for the agreement to the request and (iii) from which budget will the contribution be paid;
(3) whether (a) her Department and (b) any of the specified Entities reporting to her made financial contributions to the said political organisation without being approached for such financial contributions; if so, in each case, (i) what amount will be contributed, (ii) from which budget, (iii) who made the decision to provide the specified funds to the said political organisation and (iv) how is this (aa) decision and (bb) amount justified;
(4) whether (a) her Department and (b) any of the Entities reporting to her rely on any
(i) statutory and (ii) policy provisions in (aa) agreeing and (bb) making such contribution; if not, in each case, what is the position in this regard; if so, in each case, what are the relevant details?
NW3505E
REPLY:
THE DEPARTMENT OF HOME AFFAIRS:
(1)(a) No. The Department of Home Affairs was not approached by the said political organisation to contribute to its 66th birthday celebrations.
(2)(a) Not applicable.
(3)(a) No.
(4)(a) Yes. The Department follows Treasury Regulations which provides guidelines in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999) to Government Departments for the granting of and consideration of donations.
THE GOVERNMENT PRINTING WORKS (GPW):
The GPW has advised, as follows:
(1)(b) No. The GPW was not approached by the said political organisation to contribute to its 66th birthday celebrations.
(2)(b) Not applicable.
(3)(b) No.
(4)(b) Yes. The GPW is a Government component, and this institution operates on regular business principles, i.e. it defrays, all, its operational expenditure, only, from the revenue generated by rendering printing services. In this regard, the GPW, only, funds projects which are, directly, related to its operational activities. The 66th birthday celebrations of the said political organisation do not form part of the above-mentioned business principles.
THE FILM AND PUBLICATION BOARD (FPB):
The FPB has advised, as follows:
(1)(b) No. The FPB was not approached by the said political organisation to contribute to its 66th birthday celebrations.
(2)(b) Not applicable.
(3)(b) No.
(4)(b) Yes. The FPB follows Treasury Regulations, which provides guidelines, in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999), and does not make financial contributions, or sponsorships to political parties.
THE INDEPENDENT ELECTORAL COMMISSION (IEC):
The IEC has advised, as follows:
(1)(b) No. The IEC was not approached by the said political organisation to contribute to its 66th birthday celebrations.
(2)(b) Not applicable.
(3)(b) No.
(4)(b) Yes. The IEC is a Chapter 9 institution, and in compliance with its statutory obligations, regarding impartiality has not, and will not make any financial contributions to political parties.
QUESTION 2943 / NW3414EDATE OF PUBLICATION: Friday, 23 September 2011
INTERNAL QUESTION PAPER NO 30 of 2011Mr G B D Mc Intosh (Cope) to ask the Minister of Home Affairs:
(1) Whether her Department keeps a record of (a) persons who have permanent residence status (b) the nationalities of persons entering and leaving the Republic, (c) persons who do not leave within the time permitted for the visit; if not, why not; if so, (i) how many foreign nationals have not left within the permitted time and (ii) from what countries do they mostly come;
(2) whether her Department conducts surveys or research to form estimates of the
(a) numbers and (b) nationalities of non-citizens who are in the Republic without permission; if not, why not; if so, what are the relevant details;
(3) whether her Department has requested Statistics SA to seek information during the upcoming National Census relating to the nationalities of people occupying accommodation in the Republic; if not, why not; if so, when is it expected that the information will be available to her Department?
NW3414E
REPLY:
(1)(a) Yes. The Department of Home Affairs keeps record of persons who have been granted permanent residence status in the Republic of South Africa (RSA).
(1)(b) Yes. The records of the nationalities of persons entering and leaving the RSA are kept and recorded on the Enhanced Movement Control System (EMCS).
(1)(c)(2)(a)(2)(b) Yes. The records of persons who do not leave within the time permitted for their visit are kept and are recorded as "Over Stayed" in the EMCS. Upon departure from a Port of Entry, the EMCS detects a person who has exceeded the period of his, or her permitted stay, and will, immediately, indicate this to the immigration official processing the departure, and a penalty is raised against a person.
No. The Department has not conducted surveys, or research to form estimates of the numbers, and nationalities of non-citizens, who are in the Republic without permission. The Inspectorate Unit will be conducting an audit of those who have not left, and are listed on the EMCS, as overstayers. This will enable the Unit to form a picture, as to why these individuals have remained in South Africa.
(3) No. The Department has not requested StatisticsSA to seek information, during the upcoming National Census, relating to the nationalities of people occupying accommodation in the Republic.
QUESTION 2940 / NW3411E
DATE OF PUBLICATION: Friday, 23 September 2011
INTERNAL QUESTION PAPER NO 30 of 2011Mr J J Mc Gluwa (ID) to ask the Minister of Home Affairs:
(1) Whether she has been informed about allegations of physical abuse, bribery and rude behaviour by officials toward asylum seekers outside the Marabastad Home Affairs office in Pretoria; if so, what steps has she taken to investigate these allegations; if not,
(2) whether she will investigate these allegations; if not, why not; if so, when;
(3) whether her Department has received any complaints of violence and bribery relating to the specified office; if so, what are the relevant details of the complaints received during the period 1 February 2011 until
15 September 2011?
NW3411E
REPLY:
(1) Yes. I have been informed of the alleged physical abuse, corrupt and rude behaviour of security officers towards Asylum Seekers outside the Marabastad Home Affairs office in Pretoria. The matter is, currently, being investigated.
(2) Yes. These matters are, currently, being investigated, along with the other allegations of corruption taking place within, and outside the specific office.
(3) No. No formal complaints were lodged with the Counter-Corruption & Security Services Branch of the Department.
QUESTION 2905 / NW3376EDATE OF PUBLICATION: Friday, 23 September 2011
INTERNAL QUESTION PAPER NO 30 of 2011Mr A M Figlan (DA) to ask the Minister of Home Affairs:
(1) Whether her department has placed any (a) companies or (b) persons on the List of Restricted Suppliers, thereby prohibiting the public sector to do business with them; if so, in each case, what is the (i) name of said entity or person, (ii) nature of their business, (iii) reason for restricting this service and (iv) date on which they were restricted;
(2) whether any of the implicated (a) companies or (b) persons have since been removed from the list; if so, in each case, (i) which entity or person, (ii) when and (iii) what is the reason for removing the specified company or person from the list;
(3) whether her department has conducted any business with any of the (a) companies that or (b) persons who have been removed from the list; if so, in each case (i) with which companies or persons, (ii) with regard to which services, (iii) for which time period and (iv) why did her department engage the specified company or person despite previous conduct?
NW3376E
REPLY:
(1)(a)&(b) No. The Department of Home Affairs has not placed, any, companies, or, persons on the List of Restricted Suppliers.
(2)(a)&(b) No. The Department of Home Affairs has not removed, any, companies, or, persons from the List of Restricted Suppliers.
(3)(a)&(b) No. The Department of Home Affairs has not conducted, any, business with companies, or, persons who have been removed from the List of Restricted Suppliers.
QUESTION 2863 / NW3331EDATE OF PUBLICATION: Friday, 23 September 2011
INTERNAL QUESTION PAPER NO 30 of 2011Mr M Mnqasela (DA) to ask the Minister of Home Affairs:
(1) Whether, with reference to allegations by a certain person (name and details furnished) against an official of her Department at the Home Affairs office in Port Elizabeth, any disciplinary measures have been taken against the official concerned; if not, why not; if so, what are the details of the disciplinary process that was instituted;
(2) whether the official concerned has been suspended from duty pending the outcome of the process; if not, why not; if so, what are the relevant details;
(3) whether an official apology has been conveyed to the said person; if not, why not; if so, what are the relevant details;
(4) whether this have been the only incident in this regard; if not, what are the details of any other similar allegations against the official concerned?
NW3331E
REPLY:
(1)&(2) Yes. The official has been suspended, pending an investigation into the allegations made. Contact was, also, made with the complainant, and the complainant will be visited, shortly, by officials from the Department, with a view of obtaining sufficient information that will, possibly, enable the Department to initiate a disciplinary hearing against the official concerned.
(3) No. The matter is, still, being investigated in view of the serious allegations, and any apology, at this stage, will imply that the official concerned was, already, found guilty.
(4) Yes. This was the only incident.
QUESTION 2861 / NW3329EDATE OF PUBLICATION: Friday, 23 September 2011
INTERNAL QUESTION PAPER NO 30 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) What is the current level of (a) filled posts, (b) funded vacancies and
(c) unfunded vacancies at each (i) Refugee Centre and (ii) Port of Entry;
(2) what is the current level of (a) filled posts, (b) funded vacancies and
(c) unfunded vacancies (i) in each Province and (ii) at the National offices of (aa) Civic Services, (bb) Immigration Services and (cc) Counter-Corruption Services?
NW3329E
REPLY:
(1)(a)to(c) The information as at 30 September 2011 is specified in the table, below:
| Office | Filled posts | Funded vacancies |
| Refugee Reception Centres | 293 | 135 |
| Ports of Entry | 735 | 246 |
| Total | 1 028 | 381 |
(2)(a)to(c) The information as at 30 September 2011 is specified in the table, below:
| Province / Office | Filled posts | Funded vacancies |
| Eastern Cape | 762 | 74 |
| Free State | 347 | 50 |
| Gauteng | 1 297 | 174 |
| Kwazulu-Natal | 681 | 108 |
| Limpopo | 622 | 46 |
| Mpumalanga | 380 | 40 |
| North West | 443 | 55 |
| Northern Cape | 210 | 25 |
| Western Cape | 489 | 70 |
| National Office: Civic Services | 1 003 | 129 |
| National Office: Immigration Services | 298 | 97 |
| National Office: Counter Corruption and Security Services | 119 | 18 |
| Total | 6 651 | 886 |
NB.: It must be noted that we cannot fill posts, unless they are funded.
QUESTION 2860 / NW3328EDATE OF PUBLICATION: Friday, 23 September 2011
INTERNAL QUESTION PAPER NO 30 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) What is the cost of producing a Temporary Identity Certificate;
(2) whether the cost of obtaining a Temporary Identity Certificate will be reduced to reflect the actual cost of producing such a certificate; if not, why not; if so, what are the relevant details;
(3) why is a person who is already recorded as being in possession of a valid passport required to pay a fine that is equal to the cost of a passport when that person applies for a new passport;
(4) whether she intends to waive this fine in future in light of the significant increase in the cost of a passport; if not, why not; if so, what are the relevant details;
(5) whether her Department has any procedures in place to ensure the issue of Identity Documents to persons who cannot afford to pay the full tariff; if not, (a) why not, (b) when will such procedures be implemented; if so, (i) what are the details of this procedure and (ii) how will the availability of this procedure be communicated?
NW3327E
REPLY:
(1) & (2) The Department of Home Affairs has reviewed the costs of producing Temporary Identity Certificates, and the new costing structure, still, needs to be approved. The revised tariffs for Temporary Identity Certificates based on the approved costing structure, will be made known to the public, once, published in the Government Gazette, and announced by me.
(3) The cost of a Passport, whether you are applying for a new, or replacing an expired, or lost Passport, is the same. People must take care of their Passports.
It must, also, be noted that this serves as a replacement cost, prior, to the date of expiry.
(4) No. There is no plan to waive this fine. A lost valid SA passport is a security risk to the Republic of South Africa. Imposition of a fine should a person lose a valid passport enforces accountability by the holders of valid SA passports. It encourages owners to take extra care and ensure that their passports are kept safe at all times. Penalties further help to minimise unnecessary and unwarranted reproduction of passports which result in time wasting and abuse of State resources. The Department could better use these resources for first time applicants or for applicants' whose passports have expired or were lost due to circumstances beyond their control.
(5) No. The first Identity Document is free of charge. Further, it does have procedures in place to waive fees in cases where Identity Documents are lost in disasters such as fires, storms, flooding water, etc. In these instances, the leaders of communities from any affected areas, in conjunction with Provincial Government structures, provide the Department with details and evidence of such incidents, lists of residents' names and disaster certificates. Once these have been received, the relevant Department's Provincial Manager then submits these requests with the supporting documentation to the Director-General for consideration and approval. Once approval has been granted, feedback is provided to the Province concerned for implementation of the waiver by taking in applications of affected persons.
QUESTION 2859 / NW3327EDATE OF PUBLICATION: Friday, 23 September 2011
INTERNAL QUESTION PAPER NO 30 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) Whether any circumstances have arisen (a) in the 2010/11 financial year and (b) since 1 April 2011, that have necessitated staff in any Departmental office to work overtime; if not, what is the position in this regard; if so, in respect of each office, (i) what are the details of these circumstances and (ii) what was the extent of the overtime worked in each Province;
(2) whether any problems have been encountered in paying Department staff for overtime worked; if so, (a) what are the details of the problems encountered and (b) how will it be resolved to ensure that employees are compensated?
NW3327E
REPLY:
(1)(a)(i) Yes. In the 2010/11 financial year, the following circumstances necessitated the performance of overtime duties:
§ To deliver on various critical core service delivery projects, or processes, such as the Late Registration of Births, and the National Population Registration Campaigns
§ Projects and processes which support the administrative effectiveness of the Department
§ The facilitation of Voter Registration weekends, and the verification, and issuing of Identity Documents, prior to the Local Government Elections
§ Extended service delivery hours, and opening of offices on Saturdays to render services to the Public
§ The hosting of the 2010 FIFA Soccer World Cup, also, required extended capacity, in relation to, inter alia, the opening, or securing of Ports of Entry on a 24 hour basis, as well as, the issuing of enabling documents for entry into the Country
§ Facilitation of Documentation of Zimbabweans Project.
(1)(a)(ii) During the Voter Registration Weekends, 5/6 February 2011, and 5/6 March 2011, all offices were opened to enable people without Identity Documents to acquire them, and in some offices, there were many people, who remained in queues for hours, where there was no way that we could leave them unattended.
Secondly, the first phase of the National Population Registration (NPR) Campaign conducted a High Impact Service Delivery, in which communities, in far-flung rural areas, were afforded Mobile Trucks services, which had to remain in those venues, until early hours of the morning, as there were scores of people applying for the Late Registration of Birth (LRB), Birth Certificates, registering new born babies within 30 days, ID application, etc. For this reason, staff of the Department were required to work over-time, as it was imperative that the Mobile Truck offices, in all the visited venues, would not leave people unattended.
Thirdly, during the FIFA Soccer World Cup, and during ordinary peak times, most Ports of Entries operated 24 hours per day, and that, also, necessitated staff working over-time.
Fourthly, some identified offices, around the provinces, noted to have communities without enabling documents, would be opened on Saturdays between 08:00 – 13:00 to serve the public.
Lastly, the Documentation of Zimbabweans Project (DZP), also, because of the tight timelines, required the staff of the Department to work over-time.
(1)(b)(i) Since 1 April 2011, the following circumstances necessitated the performance of overtime duties:
§ Staff continued to performed overtime duty in respect of the projects / processes as indicated above (where relevant)
(1)(b)(ii) The extent of overtime worked in each Province since 1 April 2011 is specified in the table below:
| PROVINCE | PROJECT / PROCESS | EXTENT |
| All Provinces namely: Kwazulu-Natal Western Cape Gauteng Free State Northern Cape North West Mpumalanga Limpopo Eastern Cape | Identified Offices in the Provinces are open on Saturdays between 08:00 – 13:00, to serve the Public. | Every Saturday |
| All Ports of Entry | Open 24 Hours per day | |
| Late Birth Registration Project | 1 April 2011 to 30 September 2011 | |
| National Population Register Project | 1 April 2011 to 30 September 2011 | |
| Local Government Elections | 18 May 2011 | |
| Freedom Day Celebrations | 27 April 2011 | |
| ID Campaign | 1 April 2011 to 30 September 2011 | |
| Verification of ID's | 1 April 2011 to 30 September 2011 | |
| Security Services | (ii) 1 April 2011 to 30 September 2011 |
(2)(a) Problems have been encountered in paying Departmental staff for overtime worked, as a result of insufficient funds having been budgeted for.
2(b) The Department has prioritized savings within its Compensation of Employees budgetary allocation to compensate staff, who have worked overtime.
QUESTION 2734 / NW3195EDATE OF PUBLICATION: Friday, 16 September 2011
INTERNAL QUESTION PAPER NO 29 of 2011Mr A M Figlan (DA) to ask the Minister of Home Affairs:
(1) (a) Who is the preferred service provider that is used by her Department for the hiring of vehicles and (b) why is the specified service provider preferred;
(2) whether her Department has a fixed contract with the specified service provider; if not, why not; if so, what are the relevant details;
(3) what is the (a) name of the service provider and (b) reason for using the specified service provider in each instance where vehicles have been hired for use by her or her Deputy Minister since March 2010?
NW3195E
REPLY:
(1)(a)&(b) The Department of Home Affairs utilises the services of Duma Travel and XL Nexus Travel, who were appointed through a tender process. In addition Eyavaya Chauffeur Services Pty Ltd are, also, utilized to provide chauffeur services on Group A vehicles for officials who do not qualify for hired vehicles.
(2) For Duma Travel, and with XL Nexus, the Department has a two year contract for arrangement of all its travel requirements. For Eyavaya Chauffeur Services Pty Ltd, we do not have a contract. However, they are on the Department's database of service providers.
(3) The Department is utilising XL Nexus Travel to hire vehicles for official purposes for myself and the Deputy Minister.
QUESTION 2599 / NW3014EDATE OF PUBLICATION: Friday, 09 September 2011
INTERNAL QUESTION PAPER NO 28 of 2011Mr M Mnqasela (DA) to ask the Minister of Home Affairs:
(1) Whether, with reference to civil unions involving same-sex couples, all offices of her Department are equipped to conduct marriages or unions by having access, at all times, to marriage officers who will conduct same-sex unions; if not, (a) why not and (b) what will be done to ensure such availability of marriage officers; if so, what are the relevant details;
(2) whether marriage officers utilised by her Department are contracted to conduct same-sex unions; if not, why not; if so,
(3) whether they are permanently employed by her Department; if not, why not; if so, what are the relevant details?
NW3014E
REPLY:
(1)(a)&(b) Yes. All Regional and District Offices of the Department of Home Affairs have marriage officers, who can conduct marriages of the same sex-unions.
(2) No. The Department does not contract marriage officers to conduct same-sex unions. The Department utilises its own employees, who are appointed as marriage officers. However, in terms of the Civil Union Act, 2006 (Act No 17 of 2006), a marriage officer is not compelled to solemnize a civil union. A marriage officer, other than a marriage officer referred to in section (5) of the Act, may in writing inform the Minister that he, or she objects on the ground of conscience, religion, and belief to solemnizing a civil union between persons of the same sex. Where-upon that marriage officer shall not be compelled to solemnize such civil union.
(3) Yes. Marriage officers are, permanently, employed officials of the Department, who are appointed as such, and they receive the necessary training to conduct marriages, and, or unions.
QUESTION 2592 / NW3007EDATE OF PUBLICATION: Friday, 09 September 2011
INTERNAL QUESTION PAPER NO 28 of 2011Mr M Swart (DA) to ask the Minister of Home Affairs:
Whether her Department is taking any steps to avoid the recurrence of the over-expenditure of R737 million which occurred in the 2010/11 financial year; if not, why not; if so, what are the relevant details?
NW3007E
REPLY:
Yes. But, kindly, note that this was not, just, over-expenditure. This was an amount of debt the Department accrued over the years. Of course, the Department of Home Affairs implemented the following corrective measures to avoid the recurrence of overspending:
· Implementing strict internal control to improve financial management in the Department. These include:
- Formally appointing, all, officials responsible for Departmental resources, as Programme, Sub-programme, and Responsibility Managers with clearly defined responsibilities, in respect of:
(i) Compiling budget inputs for MTEF processes
(ii) Implementation of effective, efficient, economical, and transparent utilisation of financial, and other resources allocated to their units
(iii) Analysis of monthly reports on the state of expenditure, explanation of variances to ensure timeous, effective, and appropriate steps to prevent overspending of programmes, and prevention of unauthorised, irregular, and fruitless, as well as, wasteful expenditure.
· A detailed costing of Departmental operations was performed, in which, all, contractual obligations, and Departmental running costs were funded to ensure that the Department operates, effectively.
QUESTION 2579 / NW2992EDATE OF PUBLICATION: Friday, 09 September 2011
INTERNAL QUESTION PAPER NO 28 of 2011Ms H N Makhuba (IFP) to ask the Minister of Home Affairs:
Whether she has been informed of the alleged high number of Identity Documents that have been issued to persons without birth certificates by using letters of recognition from the local Inkosi in Northern KwaZulu-Natal during the first four months of 2010; if not, what is the position in this regard; if so, (a) how many identity documents have been issued to residents of the
(i) KwaMhlabuyalinga district and (ii) Umkhanyakude district in 2010 and (b) what are the further relevant details?
NW2992E
REPLY:
(a)&(b) No. The only means, and requirement to obtain an Identity Document is that one's birth must, first, be registered, and be issued with a birth certificate, thereafter. Those individuals without birth certificates are assisted through the Late Registration of Birth (LRB) process to obtain Birth Certificates, should they be found to be bona fide South African citizens, following this process. Only, then, can the individuals be eligible to apply for Identity Documents. To curb corruption in the LRB process, the Department has established "Late Registration of Birth" Screening Committees who process the applications. These committees are able to detect, if documents submitted are fraudulent.
Since the launch of the National Population Register (NPR) Campaign in Kwazulu-Natal in 2010, the Department has worked, closely, with the South African Police Service (SAPS). Control measures were instituted in identified high risk areas to address criminal activities. Cases of fraudulent documentation, and other corruption activities, were investigated by the Department, and, also, reported to the SAPS for further investigation.
QUESTION 2546 / NW2744EDATE OF PUBLICATION: Friday, 09 September 2011
INTERNAL QUESTION PAPER NO 28 of 2011Mrs G M Borman (ANC) to ask the Minister of Home Affairs:
Whether (a) her Department and (b) the Entities reporting to her have implemented any energy-saving (i) practices or (ii) devices for buildings, offices and boardrooms in the 2010/11 financial year; if not, why not, in each case; if so, what are the relevant details in each case?
NW2744E
REPLY:
THE DEPARTMENT OF HOME AFFAIRS:
(a)(i)&(ii) In the meantime, we have issued a Directive that we should use the energy saving light bulbs, lights to be switched off at night, and all electric devices to be disconnected from power points, before leaving the offices, each day.
THE GOVERNMENT PRINTING WORKS (GPW):
The GPW has advised, as follows:
(b)(i) Divisional Managers have been instructed to ensure that all machinery, and related electrical devices are properly disconnected from power supplies, prior to leaving the workplace at the end of each working day.
(b)(ii) At the GPW's Head Office, 800 fluorescent light fittings in the entire building were replaced with energy-saving light fittings. Motion sensors were, also, installed in all offices to disconnect the electrical supply to all lights, and air-conditioning systems, when there is no motion detected within an area.
THE FILM AND PUBLICATION BOARD (FPB):
The FPB has advised as follows:
(b)(i)&(ii) Energy efficient systems implemented by the FPB go, as far as, ensuring all lights, and air-conditioners are switched off at the end of each business day. The current building is not energy efficient. The FPB is in the process of relocating, and will endeavour to ensure that energy efficient mechanisms are put in place in the new building.
THE INDEPENDENT ELECTORAL COMMISSION (IEC):
The IEC has advised, as follows:
The IEC moved into new rented accommodation in September 2010. The building meets the requirements of being classified, as a green building. Energy saving features, include adequate natural lighting, individual lighting, and air-conditioning, or heating for each office, as well as, central lighting control for use after hours. Energy saving light bulbs are used throughout the building.
QUESTION 2515 / NW2934EDATE OF PUBLICATION: Friday, 02 September 2011
INTERNAL QUESTION PAPER NO 27 of 2011Mr S B Farrow (DA) to ask the Minister of Home Affairs:
Whether (a) her Department and (b) Entities reporting to it have (i) awarded any tenders and (ii) concluded any (aa) contracts and (bb) financial transactions with certain companies (names and details furnished) in each specified financial year since 2005/06; if so, (aaa) which company or entity, (bbb) what are the relevant details, (ccc) what was the value of each (aaaa) tender, (bbbb) contract or
(cccc) financial transaction and (ddd) what was the name of the companies who failed for each tender, contract or financial transaction that was awarded?
NW2934E
REPLY:
THE DEPARTMENT OF HOME AFFAIRS:
(a)(i)&(ii) No. The Department of Home Affairs has not awarded, or concluded any contracts with the mentioned companies, since, the 2005/06 financial year.
THE GOVERNMENT PRINTING WORKS (GPW):
The GPW has advised, as follows:
(b)(i)&(ii) No. The GPW has not awarded, or concluded any contracts with the mentioned companies, since, the 2005/06 financial year.
THE FILM AND PUBLICATION BOARD (FPB):
The FPB has advised, as follows:
(b)(i)&(ii) No. The FPB has not awarded, or concluded any contracts with the mentioned companies, since, the 2005/06 financial year.
THE INDEPENDENT ELECTORAL COMMISSION (IEC):
The IEC has advised, as follows:
(b)(i)&(ii) No. The IEC has not awarded, or concluded any contracts with the mentioned companies since the 2005/06 financial year.
QUESTION 2493 / NW2907EDATE OF PUBLICATION: Friday, 02 September 2011
INTERNAL QUESTION PAPER NO 27 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(a) What are the details of the deployment of the 850 members of the SA National Defence Force to her Department and (b) why was it necessary to utilise them?
NW2907E
REPLY:
(a) The actual number of members of the SA National Defence Force (SANDF), currently, deployed at the Department of Home Affairs is 274 and not 850. A total of 138 members are, currently, deployed at the Department's Head Office. These members are, currently, utilised to process applications for the Documentation of Zimbabweans Project. This includes the matching of applications submitted with documents, still, outstanding, in respect of these applications. These members, also, issue permits, in respect of finalised applications. The remaining 136 members are, currently, deployed in the nine (9) Provinces to collect outstanding supporting documents, and to, also, take fingerprints of applicants, if their applications are complete.
(b) It was necessary to utilise members of the SANDF, as the project required more capacity, particularly, during the closing stage. Utilising members of the SANDF, stems from the Department of Home Affairs' participation in the Justice, Crime Prevention and Security Cluster (JCPS). Government Departments in this Cluster contribute to the promotion of working in a coordinated, and collaborative manner to ensure that where other Government Departments, in this Cluster, require assistance, it will be rendered by other JCPS participating Departments. Further, the Department of Home Affairs has, already, synergistically interacted with other Departments in the JCPS Cluster on other key projects, in the past, such as utilising the South African Police Service (SAPS) at Ports of Entry, during the Public Service Strike in 2010, and utilising the South African Revenue Service (SARS), during the FIFA 2010 Soccer World Cup.
QUESTION 2490 / NW2904E
DATE OF PUBLICATION: Friday, 02 September 2011
INTERNAL QUESTION PAPER NO 27 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) Whether the members of the Steering Committee developing her Department's planned position paper on policy options for managing the migration of skilled and unskilled persons have been (a) identified and
(b) appointed; if not, what is the position in each case; if so, what are their names;
(2) with whom will consultation be undertaken before the planned finalisation of the position paper in the fourth quarter of the 2011/12 financial year?
NW2904E
REPLY:
(1) The Steering Committee is the governance structure established to monitor, guide, and report on the progress of the Immigration Policy Review Project. The project team, and the Steering Committee consist of officials from the Department of Home Affairs' Immigration Services Branch (IMS), the Chief Directorate: Policy and Strategic Management
(P & SM), and from the Chief Directorate: Legal Services (LS). The chairperson of the Steering Committee is Mr Jackson Mckay (Deputy-Director General: IMS), and the Project Leader is Dr John Carneson (Chief Director: P & SM). Dr Carneson is, also, assisted by Mr Sihle Mthiyane, Director: Policy Development.
(2) The first phase of the development of a draft policy discussion document, involves consultation within government. This phase will be completed in the last quarter of the 2011/12 financial year. The second phase of the project will begin no later than the first quarter of the 2012/13 financial year, and will include consultation with a range of Civil Society stakeholders.
QUESTION 2480 / NW2893EDATE OF PUBLICATION: Friday, 02 September 2011
INTERNAL QUESTION PAPER NO 27 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) Whether her Department's (a) Situational Analysis and (b) Process Plan with regard to the managing of asylum seekers are available to (i) public representatives and (ii)(aa) interested and (bb) affected parties; if not, why not, if so, in each case, when was it made available;
(2) whether she intends to consult interested and affected parties towards the development of the envisaged policy document on the processing of asylum seekers and refugees; if not, why not; if so, what are the relevant details?
NW2893E
REPLY:
(1)(a)&(b) No. The Department of Home Affairs' Situational Analysis, and Process Plan documents are, still, at drafting phase, and is, still, discussing the documents with various internal stakeholders. Therefore, the documents are not, yet, available to public representatives, interested, and affected parties.
(2) The first phase of the development of a draft policy discussion document, on the processing of asylum seekers, and Refugees involves consultation within Government. This phase will be completed in the last quarter of the 2011/12 financial year. The second phase of the project will begin no later than the first quarter of the 2012/13 financial year, and will include consultation with a range of Civil Society stakeholders.
QUESTION 2432 / NW2830EDATE OF PUBLICATION: Friday, 02 September 2011
INTERNAL QUESTION PAPER NO 27 of 2011Mr A C Steyn (DA) to ask the Minister of Home Affairs:
What amount was (a) claimed by and (b) paid to (i) her and (ii) her Deputy Minister for subsistence and travel in each month in the 2010/11 financial year?
NW2830E
REPLY:
(a) & (b) The information is specified in the tables, below:
| Office Bearer | Month | Amount Claimed & Paid |
| Minister N C Dlamini Zuma | April | R0 |
| May | R1,755.48 R1,463.00 | |
| June | R0 | |
| July | R0 | |
| August | R1,384.85 R926.92 | |
| September | R0 | |
| October | R5,073.18 R1,357.24 | |
| November | R1,050.82 R3,475.40 | |
| December | R1,523.61 | |
| January | R0 | |
| February | R0 | |
| March | R466.13 | |
| Total | R18,476.63 | |
| Deputy Minister M K N Gigaba | April to October 2010 | No claims submitted |
| Total | R0 | |
| Deputy Minister F S Cohen | November | R857.50 |
| December | R0 | |
| January | R369.00 | |
| February | R0 | |
| March | R0 | |
| Total | R1,226.50 | |
DATE OF PUBLICATION: Friday, 26 August 2011
INTERNAL QUESTION PAPER NO 26 of 2011Mr A P van der Westhuizen (DA) to ask the Minister of Home Affairs:
(1) (a) Which potential suppliers submitted tenders in response to the Who am I Online? project bid and (b) for what amount in each case;
(2) (a) what are the names of the persons who served on the (i) Bid Evaluation and (ii) Bid Abjudication Committee and (b) in what capacity was each specified person appointed in each case;
(3) whether any of the members of the specified committees had been brought in as independent experts, if so, in each case, (a) which members and (b) who nominated each specified person as an independent expert in each case?
NW2726E
REPLY:
(1)(a)&(b) The only information available to the Department of Home Affairs is the bid made by GijimaAst for R1,899 billion. The State Information Technology Agency (SITA) is in possession of all other tender related information in respect of the Who am I Online? Project. It is suggested that the Honourable Member directs this question to the Minister of Public Service and Administration, Mr R M Baloyi, MP, to obtain the relevant information.
(2)(a)&(b) The following officials from the Department of Home Affairs:
§ Mr Coltraine Nyati Project Manager (Who am I Online)
§ Ms Tintswalo Shilowa Director: Business Systems Management
§ Mr Adolphus Madonsela Information Services Financial Advisor
§ Mr Des Arthur Acting Chief Director: Information Services Governance
§ Mr Colin Gelderblom Immigration Services Branch
§ Mr Thomas Sigama Civic Services Branch
§ Mr Kgabo Hlahla DDG: Information Services
§ Mr Pat Nkambule Chief Financial Officer
§ SITA representatives also formed part of the Committee.
3(a)&(b) No. There were no independent experts serving on the Bid Adjudication Committee.
QUESTION 2311 / NW2687EDATE OF PUBLICATION: Friday, 26 August 2011
INTERNAL QUESTION PAPER NO 26 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
With reference to her reply to question 1339 on 8 August 2011, (a) why can international practices that allow the registration of voters living abroad not be implemented by the Independent Electoral Commission, (b) why can the current legislation not be amended to (i) allow for the registration of these potential voters, (ii) maximise accessibility to the voting process by these citizens living outside of South Africa, allowing voting in National Elections (aa) at suitable centres in addition to those currently utilised or (bb) through mechanisms such as postal voting and (c) what is meant by her statement that registration in territories outside the RSA, may give rise to the different treatment of voters depending, in which countries they find themselves in?
NW2687E
REPLY:
The Independent Electoral Commission (IEC) advised, as follows:
In the exercise of functions, as set out in section 5(1)(j) of the Electoral Commission Act, 1996 (Act No 51 of 1996), the IEC has decided to embark on a review of electoral legislation pertaining to special voting arrangements for South African citizens outside South Africa.
QUESTION 2308 / NW2684EDATE OF PUBLICATION: Friday, 26 August 2011
INTERNAL QUESTION PAPER NO 26 of 2011Ms E More (DA) to ask the Minister of Home Affairs:
(1) Whether (a) her Department and (b) any Entity reporting to her was approached by a certain political organisation (name furnished) to contribute to its centenary celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) her Department and (b) any of the specified Entities reporting to her agreed to the request; if not, what is the position in this regard; if so, in each case, (i) who approved the request, (ii) what was the justification for the agreement to the request and (iii) from which budget will the contribution be paid;
(3) whether (a) her Department and (b) any of the specified Entities reporting to her made financial contributions to the said political organisation without being approached for such financial contributions; if so, in each case,
(i) what amount will be contributed, (ii) from which budget, (iii) who made the decision to provide the specified funds to the said political organisation and (iv) how is this (aaa) decision and (bbb) amount justified;
(4) whether (a) her Department and (b) any of the Entities reporting to her rely on any (i) statutory and (ii) policy provisions in (aa) agreeing and
(bb) making such contribution; if not, in each case, what is the position in this regard; if so, in each case, what are the relevant details?
NW2684E
REPLY:
THE DEPARTMENT OF HOME AFFAIRS:
(1)(a) No. The Department of Home Affairs was not approached by the said Political Party to contribute to its centenary celebrations.
(2)(a) Not applicable.
(3)(a) No. The Department of Home Affairs did not make financial contributions to the said political organisation without being approached for such financial contributions.
(4)(a) Yes. The Department follows Treasury Regulations which provides guidelines in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999) to Government Departments for the granting of and consideration of donations.
THE GOVERNMENT PRINTING WORKS (GPW):
The GPW has advised as follows:
(1)(b) No. The GPW was not approached by the said political party to contribute to its centenary celebrations.
(2)(b) Not applicable.
(3)(b) No. The GPW did not make financial contributions to the said political organisation without being approached for such financial contributions.
(4)(b) Yes. When the GPW was established as a new format of entity known as a Government Component in October 2009, the institution has been operating on regular business principles i.e. it defrays all its operational expenditure only from the revenue generated by rendering printing services. In this regard, the GPW only funds projects which are directly related to its operational activities. The centenary celebrations of the said political party do not form part of the above-mentioned business principles.
THE FILM AND PUBLICATION BOARD (FPB):
The FPB has advised as follows:
(1)(b) No. The FPB was not approached by the said political party to contribute to its centenary celebrations.
(2)(b) Not applicable.
(3)(b) No. The FPB did not make financial contributions to the said political organisation without being approached for such financial contributions.
(4)(b) Yes. The FPB follows Treasury Regulations which provides guidelines in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999) to Government Components for the granting of and consideration of donations.
THE INDEPENDENT ELECTORAL COMMISSION (IEC):
The IEC has advised as follows:
(1)(b) No. The IEC was not approached by the said political party to contribute to its centenary celebrations.
(2)(b) Not applicable.
(3)(b) No. The IEC did not make financial contributions to the said political organisation without being approached for such financial contributions.
(4)(b) Yes. The IEC follows Treasury Regulations which provides guidelines in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999) to statutory institutions for the granting of and consideration of donations.
QUESTION 2302 / NW2678EDATE OF PUBLICATION: Friday, 26 August 2011
INTERNAL QUESTION PAPER NO 26 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) Whether, with reference to her replies to questions 3545 on 17 December 2010 and 837 on 21 June 2011, the process of researching the relevant information has been completed; if not, why not; if so, what are the relevant details of the specified information requested;
(2) whether she will provide further specified relevant information in respect of the period 1 April 2011 up to the latest specified date for which information is available; if not, why not; if so, what are the relevant details?
NW2678E
REPLY:
(1) Yes. The information is attached, herewith, as Annexure A.
(2) The Department of Home Affairs is in the process of researching the relevant information. The information will be made available to the Honourable Member, once, the final figures have been processed.
QUESTION 2162 / NW2533EDATE OF PUBLICATION: Friday, 19 August 2011
INTERNAL QUESTION PAPER NO 25 of 2011Mr N J J van R Koornhof (COPE) to ask the Minister of Home Affairs:
(1) Whether the Government of the United Kingdom has set any conditions to be met before they will consider lifting the visa restrictions applicable to South African citizens who wish to apply for a traveller's visa; if so,
(a) what are these conditions and (b) when is the Government expected to comply with the conditions; if not,
(2) whether she anticipates that the visa requirements will be lifted in the future; if not, why not; if so, when?
NW2533E
REPLY:
(1) & (2) The Honourable Member is again referred to my response in respect of Parliamentary Question 1776 of 2010. It is attached herewith as Annexure 1.
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QUESTION 2150 / NW2520EDATE OF PUBLICATION: Friday, 19 August 2011
INTERNAL QUESTION PAPER NO 25 of 2011Mr G B D McIntosch (COPE) to ask the Minister of Home Affairs:
(1) Whether she has been informed of an incident in which two persons allegedly died in a stampede outside the Marabastad office of her Department; if so,
(2) whether she has received a report from her Department on the circumstances which led to the alleged stampede; if not, why not; if so,
(a) when did it happen, (b) what was the nationality of each of the deceased persons, (c) what services were they trying to access and
(d) what measures will her Department put in place to avoid a recurrence;
(3) whether she will be visiting the Marabastad office to acquaint herself with the problems experienced there; if not, why not; if so, what are the relevant details;
(4) whether she will make a statement on the matter?
NW2520E
REPLY:
(1) I have been informed of a stampede by applicants at the Marabastad office, whilst awaiting services, but no foreign national died.
(2) Yes. I have received a report from the Marabastad office.
(2)(a) The stampede happened on 06 July 2011. Foreign nationals, awaiting assistance, at the office, attempted to rush through the gates, when they were opened to allow more clients in to be assisted. This resulted in the injury of fourteen (14) foreign nationals. Ten (10) were treated, immediately, by Paramedics, and found to have no serious injuries. Four (4) foreign nationals, who sustained more serious injuries were taken to hospital by the Paramedics. They have, all, since, been released from hospital, and the necessary permits had been issued to them to enable them to remain in the Republic of South Africa (RSA).
(2)(b) Not applicable, as no foreign national died in the stampede.
(2)(c) All foreign nationals at the Marabastad office try to access services pertaining to Asylum Seeker Management.
(2)(d) The Department is in the process of implementing a systemic overhaul of RSA's Asylum Seeker Management System.
(3) No. The Deputy Minister of Home Affairs, already, visited the Marabastad office to acquaint herself with the problems experienced there.
(4) No. A statement was, already, issued by the Department on this matter on 8 July 2011.
QUESTION 2105 / NW2379EDATE OF PUBLICATION: Friday, 12 August 2011
INTERNAL QUESTION PAPER NO 23 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) What are the details of the process followed for assessing the validity of marriages between South Africans and foreign nationals;
(2) (a) how many marriages between South Africans and foreign nationals has (i) she or (ii) her Department declared null and void (aa) in the
(aaa) 2007/08, (bbb) 2008/09, (ccc) 2009/10 and (ddd) 2010/11 financial years and (bb) during the period 1 April 2011 up to the latest specified date for which information is available, (b) what was the reason for annulling the marriages and (c) in terms of which statutory provisions were the annulments effected;
(3) who (a) assessed the marriages, (b) recommended annulment and
(c) decided on annulment in each case;
(4) whether any action has been taken in respect of each foreign national involved in an annulled marriage; if not, why not; if so, (a) what action and (b) in terms of what statutory provision?
NW2379E
REPLY:
(1) The details of the process followed for assessing the validity of marriages between South Africans and foreign nationals are, as follows:
· Foreign nationals marrying a South African citizen must present one of the following applicable documents, namely a valid passport / legal asylum seeker permit / refugee identity document
· Letter of no impediment from the foreigner confirming his / her marital status
· The designated marriage officer appointed by the Department of Home Affairs
· The couple must be present
· Two competent witnesses must be present
· Identity Document (ID) of the South African partner, and the residential document of the foreigner, as well as, the IDs of the two witnesses
· Two ID photographs, each of the marital couple
· Verification of the marital couple's fingerprints
· Persons who do not possess such an identity document, e.g. visitors to the Republic of South Africa, or a person who is unable to produce his or her ID, shall submit the prescribed declaration
Additional requirements in specific cases:
· Minors (under 18 years of age) must provide a form of consent completed, and signed by both parents
· Divorcees need to provide a certified copy of the final decree of divorce
· Widows / widowers need to provide a certified copy of the deceased spouse's Death Certificate
· Declaration or affidavit confirming marital status
(2)(a) (aa) & (bb) The information is specified in the table, below:
| Financial Year | Total |
| 2007/08 | 1 562 |
| 2008/09 | 1 016 |
| 2009/10 | 1 035 |
| 2010/11 | 808 |
| 1 April 2011 to 31 July 2011 | 232 |
(2)(b)&(c) The marriages were annulled, as it did comply with the requirements for solemnization, and registration, as stipulated in sections , and 29A(1) of the Marriage Act, 1961 (Act No 25 of 1961), based on the following factors:
· The fingerprints affixed on the BI-30 form were verified, and found to be different from the original record
· The signatures on the BI-30 form differs from the specimen signature, or on the affidavit of the client
· Marriages captured by officials utilising false User ID's on the National Population Register (NPR), and in cases, where the office, where the marriage took place confirms that there is no record of such User ID, and it is unknown, or cancelled user IDs, due to deployment of the official of the User ID, or reason outlined by the office.
(3)(a) to (c) The Department has a Fraudulent Marriage Investigation Unit which investigates, all, the complaints / sworn affidavits received. A submission is written, and it is, then, decided to annul a marriage, or whether the case must be referred to the Courts for a final decision.
(4) Yes. Action has been taken against each foreign national, once, the fraudulent marriage investigation has been finalised.
(4)(a) Each fraudulent marriage between a South African citizen, and a foreigner is referred to the Immigration Services Branch, where it, then, lists the foreigner on the Departmental Visa and Entry Stop List to ensure that no permits are issued to the foreigner, in question, and that the foreigner is, also, refused entry into the Republic of South Africa (RSA) in future.
(4)(b) The declaration of a foreigner, as a prohibited person is done in terms of section 29(1) of the immigration Act, 2002 (Act No 13 of 2002). The foreigner, in question, is, then, deported, as an illegal immigrant in the RSA ,in terms of section 32 of the Immigration Act.
QUESTION 2096 / NW2370EDATE OF PUBLICATION: Friday, 12 August 2011
INTERNAL QUESTION PAPER NO 23 of 2010Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) For each official Port of Entry, what (a) is the number of staff that is required according to the approved organogram, (b) is the actual number of staff currently employed, (c) is the number of (i) funded and
(ii) unfunded vacancies, (d) are the details of the steps that are being taken to fill these vacancies and (e) are the factors preventing the achievement of a zero vacancy rate at ports of entry;
(2) whether any of the ports of entry are considered to be high risk as a result of the high level of vacancies; if not, why not; if so, what are the relevant details of such risk?
NW2370E
REPLY
(1)(a) to (c) We are, at the moment, training 350 Immigration Officers, who are
going to be deployed at the Ports of Entry. It must be noted,
however, that we cannot fill unfunded posts, and the Organogram,
referred to, is to be reversed.
The information is specified in the table here: www.pmg.org.za/questions/2096table-2011.htm
(1)(d) The Department has identified 137 critical posts to be filled before the end of the 2011/12 financial year.
(1)(e) Financial constraints are preventing a zero vacancy rate at all Ports of Entry.
(2) There are no Ports of Entry considered a high risk, due to vacancies.
QUESTION 2095 / NW2369EDATE OF PUBLICATION: Friday, 12 August 2011
INTERNAL QUESTION PAPER NO 23 of 2011Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) Whether a scanner is in place at each official Port of Entry; if not, (a) why not and (b) what are the details of the alternative methods used by her Department to inspect vehicles and cargo; if so, (i) how many scanners are in place, (ii) what are the scanners currently in use designed to scan and (iii) how many scanners that are in place are functional;
(2) whether any of the Ports of Entry where no scanner is in place is considered high risk; if so, what are the details of the risks?
NW2369E
REPLY:
(1) & (2) The inspection of vehicles, and cargo at Ports of Entry is the responsibility of the South African Police Service and Customs. It is suggested that the Honourable Member directs this Question to the Minister of Police, Mr N E Mthethwa, MP and the Minister of Finance, Minister P J Gordhan, MP.
QUESTION 2048 / NW2297E
DATE OF PUBLICATION: Friday, 05 August 2011
INTERNAL QUESTION PAPER NO 21 of 2011
Mr P D Mbhele (Cope) to ask the Minister of Home Affairs:
Whether her Department was able to salvage anything from its "Know Who You Are" ITC programme; if not, why not; if so, what percentage of its total outlay was preserved?NW2297E
REPLY:
I think the Honourable Member refers to " Who Am I On-Line" (WAIO).
Yes, the settlement was reached in a manner that the original scope of the WAIO Project will, still, be achieved.
QUESTION 2047 / NW2296EDATE OF PUBLICATION: Friday, 05 August 2011
INTERNAL QUESTION PAPER NO 21 of 2011Mr P D Mbhele (Cope) to ask the Minister of Home Affairs:
Whether her Department has implemented any measures to ensure that criminals do not take advantage of the Permitting system; if not, why not; if so, what are the relevant details?
NW2296E
REPLY:
Yes. The following measures were introduced, in respect of applications for temporary residence permits:
· An applicant is required to submit original police clearance certificates from the security authorities in his, or her country of origin, and countries in which he, or she resided for a period of twelve months, or longer, since having attained the age of 18 years.
The following measures were introduced, in respect of applications for permanent residence permits:
· An applicant is required to submit original police clearance certificates from the security authorities in his, or her country of origin, and countries in which he, or she resided for a period of twelve months, or longer, since, having attained the age of 18 years.
· A full set of fingerprints is taken of the applicant, and forwarded to the State Security Agency for verification, in conjunction with all stakeholders, including Interpol, to ensure that the applicant's bona fides are not questionable.
In respect of the Documentation of Zimbabweans Project (DZP), the following measures were introduced:
· Each applicant over the age of 18 years had to submit a full set of fingerprints, which were sent to the South African Police Service for verification that the applicant has not been convicted of a criminal offence, or subject to conviction for a criminal offence, or is a fugitive from justice.
QUESTION 2046 / NW2295EDATE OF PUBLICATION: Friday, 05 August 2011
INTERNAL QUESTION PAPER NO 21 of 2011Mr P D Mbhele (Cope) to ask the Minister of Home Affairs:
Whether her Department has deliberated on the criteria in terms of which immigrants will be allowed to stay in South Africa and receive valid permits; if not, why not; if so, what are the relevant details?
NW2295E
REPLY:
The Department of Home Affairs has a legal framework to regulate the stay of immigrants in the Republic of South Africa, through various permits. This is contained in the Immigration Act, 2002 (Act No 13 of 2002) and its amendments.