ATC140327: Report of the Portfolio Committee on Home Affairs on its activities undertaken during the 4th Parliament (May 2009 – March 2014), dated 11 March 2014.
Home Affairs
Report of the
Portfolio Committee on Home Affairs on its activities undertaken during the 4th
Parliament (May 2009 March 2014), dated 11 March 2014.
Key highlights
1.
Reflection on committee programme per year and on whether the objectives
of such programmes were achieved
The Portfolio Committee on Home Affairs (referred to as the Committee)
conducted oversight visits to Gauteng, Limpopo, Free State, Mpumalanga, North
West, Kwazulu-Natal, Western Cape and Eastern Cape Provinces in the 4
th
Parliament.
The focus was on the ports
of entry, refugee reception offices and offices of the Department of Home
Affairs (DHA). During the 4
th
Parliament, the Northern Cape was not
visited. Part of the oversight visits included checking on the state of readiness
for South Africa to host the FIFA Soccer World Cup in 2010. The Committee,
together with other committees, participated in a coordinated oversight visit
to all the FIFA World Cup host provinces.
As part of the Home Affairs Modernisation Programme, the DHA introduced
the ID Smart Card (referred to as the Card) in 2013. The Card will replace
the green bar coded ID book. Members of the Committee applied and received
their Smart Cards in October 2013 as part of the initial roll out. The green
bar-coded ID book will be phased out within the next 6 to 7 years. The Card
will also be used for National and Provincial elections in 2014.
The Committee amended several pieces of legislation namely; the
Citizenship Amendment Act 17 of 2010, the Births and Deaths Registration
Amendment Act 18 of 2010, the Refugees Amendment Act 12 of 2011, the
Immigration Amendment Act 13 of 2011 and the Electoral Amendment Act 18 of
2013.
The major highlight on the Refugees Amendment Bill was that asylum
seekers now have five days to present themselves to the nearest Refugee
Reception Offices.
In addition allowance
was made for the intention to move Refugee Reception Offices closer to the
border borders to make it easier for applicants to apply for asylum status.
The
requirements for registration of births to take
place within 30 days was
the major highlight of the amendments to the
Births and Deaths Registration Act. This will ensure that the National
Population Register is not as easily contaminated due to the elimination of the
frequently abused Late Registration of Births (LRBs).
The Electoral Amendment Act was introduced in 2013 and one of the major
changes was to allow South African citizens living abroad to vote in national
elections, starting from the 2014 elections. In addition those individuals who
will be outside their provinces will be allowed to vote elsewhere but only for
the National Assembly.
Allowance for those unable to vote on
the voting day were
also made more inclusive.
2.
Committees focus areas during the 4
th
Parliament
2.1.
Modernisation
Programme of DHA
The DHA introduced the Smart ID card in 2013.
The Smart ID Card will replace the green bar-coded ID book. The committee thus
emphasised and interrogated the importance of finalising the often delayed ICT
integration process of the DHA. Unfortunately due to time constraints, the
Committee was not able to visit the Government Printing Works (GPW) head
offices in Gauteng in 2013 to the see the new passport and ID Smart Card
printing machines. GPW had acquired a new passport machine during the 4
th
Parliament. Whilst in Gauteng, the Committee also planned to visit DHA head
office, the Electoral Commission (IEC) and Film and Publications Board (FPB).
The Committee should prioritise visiting these entities in the 5
th
Parliament.
2.2.
Duplicate cases
Duplicate cases make it difficult for South
African citizens to bury the deceased if their ID numbers are duplicated.
Duplicate cases are instances where one person has two ID numbers or where two
persons share an ID number. The Committee persistently pursued this issue in
order for it to be resolved. The DHA has repeatedly published names of people
who had duplicate cases to avail themselves to the department for this to be
resolved. Very few people came forward and outstanding cases are being
prioritised and investigated. The on-going modernisation of the ID application
process and smart card has been noted by the committee as a means of preventing
such issues.
2.3.
Late Registration of
Births (LRBs)
The DHA introduced an amendment to the Births
and Deaths Registration Amendment Act to ensure that births are registered
within 30 days after delivery. This has reduced the number and backlog of late
registrations noted as of concern by the Committee and thus the abuse of this
method as an illicit means of getting access to South African Documents has
also fallen.
3.
Key areas for future
work
3.1. Ensuring that the Modernisation Programme
is completed.
3.2. The movement of the Refugee Reception
offices closer to the land borders or interim measures if this process is
delayed.
3.3. Visit by the Portfolio Committee to ports
of entry and offices of the Department of Home Affairs in Northern Cape and
more offices in the Western Cape Provinces.
3.4. Monitoring the implementation of the
legislation that was passed during the 4
th
Parliament.
3.5. Roll out of the Live Capture for the ID
Smart Cards and Passports in all offices.
3.6. Cooperation between the DHA and
Department of Public Works (DPW) in acquiring offices and border post
accommodation for the DHA and finalising facilities for the GPW.
3.7. The filling of vacant funded posts by
DHA.
3.8. The Committee should learn more on issues
of regional integration as it relates to immigration on the African continent
and on fast facilitation of recruitment of scarce foreign skills from other
parts of the world.
4.
Key challenges
emerging and Recommendations
4.1. Ensure the securing of the land and
coastal borders in order to deal with illegal migrants.
4.2. Pursue the DPW on not providing adequate
and expedient offices to the DHA and GPW.
4.3 Monitor ongoing cases of Identity and
other forms of fraud committed by Home Affairs officials.
4.4. Ensure that Refugee Reception offices are
moved to border posts or alternative facilities as soon as possible.
4.5. The DHA should better monitor and manage
migrants within the country. For instance the department has regularised
Zimbabweans who are in the country illegally. The regularisation of other
nationalities in South
Africa,
needs to be addressed.
1.
Introduction
1.1
Department/s and
Entities falling within the committees portfolio
a)
Department of Home Affairs
Core
mandate/strategic objectives:
The efficient
determination and safeguarding of the identity and status of citizens and the
regulation of immigration to ensure security promote development and fulfil our
international obligations.
b)
Entities:
Name of Entity
|
Role of Entity
|
Electoral
Commission (IEC)
|
The Electoral Commission is one of the Constitutions Chapter 9 state
institutions in support of constitutional democracy. The primary
responsibility of the Commission is to manage elections and to establish and
maintain the national common voters roll. Additional functions of the
Commission are described in section 5 of the Electoral Commission Act, 1996.
|
Government Printing Works (GPW)
|
The Government Printing Works provides stationery related items to
government departments, provincial governments and local authorities. GPW
also provides related services to other African countries, such as printing
high security documents for Namibia, Malawi and Swaziland and ballot papers
for the Tanzanian government.
|
Film and Publication Board (FPB)
|
The Film and Publication Board is a statutory body established by the
Film and Publications Act (1996). The Act regulates the creation, production,
possession, exhibition and distribution of films, interactive computer games
and publications. The board is also responsible for monitoring adult
premises.
|
1.2
Functions of
committee:
A parliamentary committee is mandated to:
·
consider legislation referred to it;
·
exercise oversight over the respective
government department and its entities;
·
consider International Agreements referred
to it;
·
consider the budget vote of the allocated
Department;
·
To facilitate public participation in its
processes;
·
facilitate appointments to statutory bodies;
·
Consider all matters referred to it in terms
of legislation, the Rules of Parliament or resolutions of the House.
1.3
Method of work of the
Committee
In preparations for
scrutinizing of the DHAs Annual Report, in addition to visiting provinces and
engaging with DHA management at Parliament, the Committee also invited
Provincial Managers of the DHA to present reports on the state of their
provinces each year. This method helped the Committee to understand particular
challenges faced by each province. These challenges were thus also raised by
the Members of Parliament to the DHA when the Annual Reports, Budget and
Strategic Plans were presented to the Committee each year. The Committee as
mentioned visited 8 out of the 9 provinces during the fourth parliament. The
Committee also facilitated the amendment of 7 pieces of legislation including
the required engagement of stakeholders through written and oral submissions.
1.4
Purpose of the report
The purpose of this report is to provide an account of the Committees
work during the 4
th
Parliament and to inform the members of the 5th
Parliament of key outstanding issues pertaining to the oversight and
legislative programme of the Department of Home Affairs and its entities.
This report provides an overview of the activities the Committee
undertook during the 4
th
Parliament, the outcome of key activities,
as well as any challenges that emerged during the 5 year period under review
and issues that should be considered for follow up during the 5
th
Parliament. It summarises the key issues for follow-up and concludes with
recommendations to strengthen operational and procedural processes to enhance
the related Committees oversight and legislative roles in future.
2.
Key statistics
The table below provides an overview of the number of meetings held;
legislation and international agreements processed; number of oversight trips
and study tours undertaken; as well as any statutory appointments by the committee
during the 4
th
Parliament:
Activity
|
2009/10
|
2010/11
|
2011/12
|
2012/13
|
2013/14
|
Total
|
Meetings
held
|
13
|
28
|
32
|
34
|
40
|
147
|
Legislation processed
|
|
3
|
2
|
|
2
|
7
|
Oversight trips undertaken
|
1
|
3
|
2
|
2
|
|
8
|
Study tours undertaken
|
|
|
|
1
|
|
1
|
International agreements processed
|
1
|
|
|
|
|
1
|
Statutory appointments made
|
|
|
Appointment of the Electoral Commissioners
|
|
Some members part of ad hoc committee
on filling vacancies at the electoral
commission
|
2
|
Interventions considered
|
|
|
|
|
|
N/A
|
Petitions considered
|
|
|
|
|
|
N/A
|
3.
Stakeholders:
These are some of the
stakeholders that the Portfolio Committee interacted with during the 4
th
Parliament:
·
United Nations High
Commissioner for Refugees (UNHCR)
·
Law Society of South
Africa (LSSA)
·
Citizenship Rights
Africa Initiative (CRAI)
·
Commission for Gender
Equality (CGE)
·
People Against
Suffering Suppression, Oppression and Poverty (PASSOP)
·
Edward Nathan
Sonnerbergs
·
Deloitte and Touche
·
PricewaterhouseCoopers
(PWC)
·
Forum of Immigration
Practitioners of South Africa (FIPSA)
·
University of Cape
Town Law Clinic
·
African Centre for
Migration and Society(ACMS)
·
Centre for
Development and Enterprise
·
Consortium for
Refugees and Migrants in South Africa (Cormsa)
·
AfriForum
·
Lawyers for Human
Rights (LHR)
4.
Briefings and/or
public hearings
The following are issues
that were focused on by the committee in briefings and public hearings that
need to be followed up:
·
Closure of the Refugee Reception Offices and moving
them closer to the land borders.
·
Modernisation Programme of the Department of Home
Affairs.
·
Filing of priority and vacant funded posts.
·
Obstacles encountered with the Department of Public
Works in the acquisition of new offices of the Department of Home Affairs and
GPW.
·
Duplicate cases of Identity Documents.
·
Finalisation of the Regulations related to the
Immigration and Refugees Amendment Bills.
·
Phasing out of Late Registrations of Births (LRBs)
5.
Legislation
The following pieces of legislation were referred to the committee and
processed during the 4
th
Parliament:
Year
|
Name of Legislation
|
Tagging
|
Objectives
|
Completed
|
2009/10
|
No legislation
|
|
|
|
|
|
|
|
|
2010/11
|
The South African
Citizenship Amendment Bill [B17-2010]
|
Section 75
|
To amend the South African Citizenship Act, 1995, so as to substitute,
insert or delete certain definitions; to revise the provisions relating to
acquisition or citizenship by birth, descent and naturalisation; to repeal or
to substitute certain obsolete references; and to effect certain technical
corrections; and to provide for matters connected therewith.
|
16 November 2010
|
|
The Births and
Deaths Registration Amendment Bill [B18 2010],
|
Section 75
|
To amend the Births and Deaths Registration Act, 1992, so as to
substitute, insert and delete certain definitions; to revise provisions
relating to the registration of births; to revise provisions relating to
amendments of birth registration; to provide for the designation of funeral
undertakers; to make provision for the recording of adoptions; to revise the
provisions relating to secrecy of records obtained under this Act; to clarify
provisions relating to the making of regulations; to repeal certain sections;
and to provide for matters connected therewith
|
17 September 2010
|
|
The Local
Government: Municipal Electoral Amendment Bill [B27-2010]
|
Section 75
|
To amend the Local Government: Municipal Electoral Act, 2000, so as to
supplement provisions relating to the election timetable and insert a related
Schedule to the Act; to amend provisions relating to nomination of
candidates; to provide for central payments of deposits by a party which
contests election in more than one municipality; to empower presiding
officers to alter boundaries of voting stations, if necessary; to revise
provisions relating to number of party agents at a voting station; to clarify
the rights and responsibilities relating to assistance to certain voters; to
provide for special votes and the procedure related thereto; to enhance the
powers and functions of the Electoral Commission and the Electoral Court in
relation to the determination and declaration of the result of an election;
to provide for further regulation of objections material to the result of an
election; and to provide for matters connected therewith.
|
22 October 2010
|
|
|
|
|
|
2011/12
|
The Refugees Amendment
Bill [B30-2010]
|
Section 75
|
To amend the Refugees Act, 1998, so as to amend, insert and delete
certain definitions; to clarify how applications for refugee status rejected
as manifestly unfounded and unfounded must be dealt with; to empower the
Director-General to establish the Status Determination Committee; to revise
the provisions relating to withdrawal of refugee status; and to provide for
matters connected therewith,
|
20 June 2011
|
|
The Immigration Amendment
Bill [32-2010]
|
Section 75
|
To amend the Immigration Act, 2002, so as to substitute certain words
of the Preamble to the Act; to delete, insert or substitute certain
definitions; to revise provisions relating to the Immigration Advisory Board;
to revise provisions relating to the making of regulations; to provide for
the designation of ports of entry; to revise provisions relating to visas for
temporary sojourn in the Republic and for the procedures with regard thereto;
to provide for the mandatory transmission and use of information on advance
passenger processing; to provide for the transmission of passenger name
record information; to revise provisions relating to permanent residence; to
revise penal provisions; to correct certain important technical aspects in
the text of the Act; and to provide for matters connected therewith.
|
20 June 2011
|
|
|
|
|
|
2012/13
|
Electoral Amendment Bill [PMB2-2013]
|
Proposed
Section 75
|
To amend the Electoral Act, 1998, to amend the manner in which voters
who are absent from their voting districts can vote; to provide for the
institution of constituencies for the National Assembly; to provide for the
demarcation of such constituencies; to provide for the method of election of
members of the National Assembly from such constituencies; and to provide for
matters incidental thereto.
|
July 2013
|
|
|
|
|
|
2013/14
|
Electoral Amendment Bill [22-2013]
|
Section 75
|
To amend the Electoral Act, 1998, so as to amend and insert certain
definitions; to revise provisions relating to registration as a voter; to
revise provisions relating to special votes in election for the National
Assembly and provincial legislatures and the procedure related thereto; to
revise provisions relating to the number of party agents at a voting station;
to correct certain important technical aspects in the text of the Act; and to
provide for matters connected therewith.
|
July 2013
|
a)
Challenges emerging
The following challenges emerged during the
processing of legislation:
·
The process of implementation of
Acts is delayed through the lengthy process of finalising the related
regulations.
b)
Issues for follow-up
The 5
th
Parliament should consider
following up on the following concerns that arose:
·
The DHA had significant delays in the development of the Regulations
related to several Acts. Consideration of concurrent processing of regulations
to ensure faster enactment of legislation should be considered by the DHA.
·
An overarching Migration Policy has been discussed for many years but has
not been finalised by the DHA.
6.
Oversight trips
undertaken
The following oversight
trips were undertaken:
Date
|
Area Visited
|
Objective
|
Recommendations
|
Responses to Recommendations
|
Follow-up Issues
|
2 February 2010
|
Western Cape: Cape Town International
Airport
|
To check the
readiness
of the Airport for 2010 FIFA
World Cup
|
The Department of Home Affairs should fill
posts that are vacant.
The Department of Tourism should consider
being included in the Border Coordinating Committee (BCOCC).
All stakeholders should be included when
construction takes place at the airport.
|
Posts prioritised at airports in preparation for World Cup and staff
seconded.
None, since role of Tourism not considered
as significant enough.
Airport Upgrades include stakeholder offices
|
Engage BCOCC on tourism
|
5 10 April 2010
|
Johannesburg, Durban,
Port Elizabeth, Rustenburg, Bloemfontein, Polokwane and Nelspruit
|
To check the
readiness
of the host cities for 2010
FIFA World Cup
|
The turnaround of the DHA should not affect
the programme of the National Immigration Branch (NIB) during the World Cup.
|
Efficient Services by DHA immigration
reported by FIFA
|
|
25 29 July 2010
|
Johannesburg and Pretoria
|
Ascertain the
conditions of the Refugee Reception Offices and Lindela Repatriation Centres.
Pay a courtesy call
to the Offices of the Electoral Commission and the Film and Publication
Board, and the Ministry of Home Affairs.
|
Fill vacancies at the Lindela and Refugee
Reception Offices.
Separate the toilets between men and
females at Lindela.
Two men from Botswana wanted for murder
should be deported
Improve public relations on what refugees
are.
Increase the number of Appeals Board
members and decentralize it to the Refugee Offices.
Employees dismissed for corruption should
also be charged criminally.
Docu-trek filing system should be rolled
out to all the refugee offices.
|
Some but not all posts filled. High staff turnover.
Unable to deport men since they face death sentence in Botswana and
this is against South African Constitution
PR budget allocated.
Refugee Act amended to allow some decentralisation.
Jurisdiction and legal capacity of DHA insufficient to pursue
perpetrators.
Filing improved
|
Reassess vacancy rate at Lindela and Refugee Offices.
Establish MOU with Botswana to prevent such issues.
Ensure implementation of refugee Appeals Authority.
Need government wide black list and MOU.
|
25 -29 July 2011
25 -29 July 2011
|
North West Province
North West Province
|
Ascertain staff capacity in border offices and what
positions need to be filled or created.
Determine the quality and quantity of accommodation
for officials at border posts.
To check the implementation of the new queue management
system and its impact on services.
To check if there are sufficient facilities for the
comfort of clients at the border posts.
To ascertain if the new immigration monitoring
system has improved service time and satisfaction.
To monitor the impact on DHA of the handover of the
responsibility for border monitoring to the South African National Defence
Force from the SA Police Service.
To assess the progress towards one stop border posts and other
cooperation with neighbouring country immigration functions.
|
DHA should fill all
vacant posts
The government should deploy the South African
National Defence Force (SANDF) along the borderline with an immediate effect.
DHA should provide transport in all of its offices
and the ports of entry.
DHA should work with SARS to ensure that scanner at
the Ramatlabama & Skilpadshek border posts are installed &
functional.
DHA should employ people with disabilities and the
offices should be accessible to people with disabilities.
DHA should provide passport live capturing machines
in all offices.
DHA should address the issue of duplicates identity
numbers as matter of urgency.
DHA should address the infrastructure issues at the
Itsoseng, Ganyisa and Taung local offices.
The suggestion box and complaints register
should address the issue raised by members of the public.
|
Some but not all posts filled. High staff turnover.
Rolled out over the period of 2 years.
Limited budget and accidents mean that new vehicles are continually
needed.
Scanners to be repaired and fully operational. Cargo Scanners too
expensive for small ports.
Rate of persons with disability improving but insufficient applicants
to reach required 2%.
Roll out of live capture machines due to be completed in 2013/14.
Improvements noted in 2012/13.
This is done on an ongoing basis.
|
Reassess vacancy rate at Lindela and Refugee Offices.
Monitor transport when engaging provincial managers.
Continue to Monitor implementation of 2% target for disability.
Check on meeting of national roll out of live capture targets.
Assess nature and addressing of complaints.
Check progress on one stop border posts
|
3 8 June 2012
3 8 June 2012
3 8 June 2012
|
Kwazulu - Natal Province
Kwazulu - Natal Province
Kwazulu - Natal Province
|
The objective of the trip is for the committee to exercise its
oversight of the DHA with particular reference to ensuring that the DHA is
offering efficient and effective service to the clients in its offices and
ports of entry.
The objective of the trip is for the committee to exercise its
oversight of the DHA with particular reference to ensuring that the DHA is
offering efficient and effective service to the clients in its offices and
ports of entry.
The objective of the trip is for the committee to exercise its
oversight of the DHA with particular reference to ensuring that the DHA is
offering efficient and effective service to the clients in its offices and
ports of entry.
|
The Minister of Home Affairs to ensure:
that
all public
health facilities including private hospitals were connected to register
births within 30 days of delivery.
All stakeholder forums were formed or revived in the province.
That Richards Bay harbour has
Immigration Officers and that increased staff are allocated at Durban
harbour.
New offices in Umumbulu, Kwa
Ximba, Umlazi, KwaMashu,
Izingolweni,
KwaMbonambi, Dannhuaser, Utrecht, Nongoma, Pongola, Hlabisa, Indaka, Colenzo,
Mbali, Edendale, Mkhambathini, Underberg & Donnybrook.
The Minister of Home Affairs should ensure that:
mobile offices were in working condition including
being connected to finalised applications.
Vacant funded posts at the
ports of entry and offices of the DHA should be filled. The position of the
Provincial Manager was also in an Acting capacity for a long time.
Passport scanners at the ports
of entry all working properly. In addition, the DHA should work closely with
SARS to ensure that vehicle scanners were purchased, especially at Goleta
Border post where there was movement of vehicles between Swaziland and South
Africa.
All border posts have
sufficient vehicles in order to perform their duties.
That the border posts had
sufficient residential and office accommodation.
The Minister of Home Affairs should ensure that:
there was a clearance facility for the train
station at Goleta border post.
The employment of persons with
disabilities was given a priority in all offices and ports of entry.
The applications of Refugee
Identity and travel documents & Outstanding asylum appeals were speeded
up.
|
Continual process of roll out observed
Continual process of roll out observed
Staff seconded from other offices and
budget for new appointments applied for.
Progress reported by provincial manager in
subsequent years
New service provider appointed.
23 Immigration Officers, 8 Control
Immigration Officers and 2 Assistant Directors appointed by 1st April 2013
Passport scanners rolled out to all border posts.
Scanners to be repaired and fully operational. Cargo Scanners too
expensive for small ports.
Two new vehicles allocated.
Matter tabled with the BCOCC and funds
allocated for port infrastructure. Newly built accommodation acquired for
staff and occupied.
A Post of an office Manager and 12
posts
for immigration allocated and
officials who will resume their duties in Aug 2013.
Rate improved to 1.25%. Difficulty in
attracting applicants.
Improvements difficult due to closure of
other refugee reception offices.
|
Continued need for new offices to be monitored.
Monitor state of Mobile offices in all provinces.
Provincial manager still reported as acting in July 2013.
Re-assess viability of cargo scanners at busy border posts with SARS.
7 more posts to be filled.
Ensure new refugee centres are opened and appeals are expedited.
|
22 23 September 2011
|
Free State Province
|
The visit to the Free State Province was in
preparations of the Peoples Assembly
|
|
|
|
26 30 November 2012
|
Eastern Cape Province
|
To visit the offices of the DHA
and the ports of entry
|
|
|
|
a)
Challenges emerging
The following challenges emerged during the
oversight visit:
·
Many Provincial Managers and other key positions have been filled by
acting managers, often for a number of years. Improved appointment procedures;
delegation of appointments and capacity in national and provincial human
resource management is an issue across many provinces.
·
Progress by the Department of Public Works in securing and building
facilities for current and new DHA offices is a concern for many provinces.
b)
Issues for follow-up
The 5
th
Parliament should consider
following up on the following concerns that arose:
·
Continue to enquire on the appointment of top management positions in
provincial DHA structures.
·
Continue to engage DPW on progress in securing and building DHA offices
in Provinces.
7.
Study tours
undertaken
Only one study tour was undertaken as follows:
Date
|
Place
|
Objective
|
Lessons Learned
|
Report
|
16 26
March 2012
|
Russia, Moscow
|
Learn
how best to integrate and attract highly skilled professionals into our
country.
Focus
on immigration policy, particularly concerning asylum-seekers and border
management.
Learn
how Russia manages the in and out flow of migrants.
Broaden
the global perspective and insight of the legislators through conduct of an
international study tour in a country which shares many of the same challenges
and demographics as South Africa.
|
The
Russian Federation keeps track of refugees by recording their biometric
features. This immigration system enables government to have all the
necessary details about foreign citizens like age, gender and criminal records
if any and level of education. This allows for better planning and
utilisation of migrant skills.
The
Russian government has introduced laws to penalise employers who employ
illegal migrants. The government protects the labour market by only recruiting
highly skilled specialists, but also allowing a quota of unskilled labour per
Russian province/state based on their needs. The legislation in the Russian
Federation specifies the methods by which the government can attract skilled
and highly qualified specialists including annual consultation with
government ministries involved with labour and education. The families of the
skilled professionals are entitled to work and study but they must still
apply such permits.
The
Russian government has developed mechanisms to enable migrants to integrate
into their society, such as to learn the Russian language and to respect the
local culture and traditions. The migrants should know and follow the laws of
the Russian Federation and this is ensured by creating special guidebooks for
migrants.
All
immigrants to Russia have to undergo a health examination in order to qualify
for permits.
It is
easier for refugees to obtain Russian citizenship than many other countries.
A year after their refugee status had been recognised, foreign nationals and
stateless people may apply for Russian citizenship. The refugees are exempted
from many of the formal procedures required of other categories of foreign
nationals. Residence permits are only obtained after they have applied for
citizenship.
Foreigners
who open small shops in Russia have to ensure that the person who works in
the shop is a Russian citizen. A foreign owner cannot work at the shop.
Although this is sometimes evaded in that the owner ends up working behind
the scenes, it has the potential to protect citizens working in the informal
sector.
The
Russian Federation has developed an asylum-seekers policy which includes:
·
Temporary accommodation centres for
asylum-seekers and rejected asylum seekers.
·
Being
able to apply for refugee status while outside the Russian Federation, at the
port of entry or within Russia at FMS offices.
·
Automatic
provision of travel document to be able to travel outside the country.
·
Refugees
being allowed to obtain employment, become entrepreneurs, and obtain social
security and benefits like Russian citizens.
·
There is
no necessity to apply for asylum for those who do not need it since it is
relatively easy to acquire permits to legally enter the country particularly
for short periods.
·
The
Federal Migration Service has regional branches which are empowered to make
decisions on asylum applications. They cooperate with the Border Guard of the
Federal Service including training of staff on issues relating to asylum
processes and procedures at the border.
·
There
is a strong collaboration between the Federal Migration Service and various
migrant communities including religious organisations to prevent conflict
among citizens from occurring. There is also an established cooperation
between the different national ministries, departments and NGOs on migration
issues.
·
South
Africa and the Russian Federation have signed a number of agreements such as
the visa exemption agreement for diplomatic and official passports. During
engagements between the delegation and Russian officials a request was made
to extend visa exemptions to individuals travelling between the two countries
since the two countries are members of BRICS.
·
During
the meeting with Deputy Chairperson of the State Duma, there was a strong
indication that the State Duma wants collaboration with the South African
Parliament. The Speaker of the National Assembly and the Chairperson of the
National Council of Provinces may consider making a follow up on this
collaboration.
·
The
Russian Federation is interested in forging cooperation with South Africa in
the area of higher education. The focus areas could be in the area of
Information Technology and IT security and establishing exchange programmes.
The Portfolio Committee on Higher Education and the Department of Higher
Education may consider making a follow up on this issue.
|
Adopted
|
a)
Challenges emerging
Russia
uses temporary accommodation centres for asylum-seekers and rejected asylum
seekers, thus preventing undocumented persons from entering the country.
Refugees are able to apply for refugee status while outside the Russian
Federation, at the port of entry or within Russia at Federal Migration Offices,
thus removing the need for separate refugee centres. Such a system could be
considered in South Africa to reduce the abuse of the asylum seeker but would
entail amendments to Refugee law, which would be costly and unlikely due to
budget constraints.
b)
Issues for follow-up
The 5
th
Parliament should consider
following up on the following concerns that arose:
The Russian Federation is interested in forging cooperation with South
Africa in the area of higher education. The focus areas could be in the area of
Information Technology and IT security and establishing exchange programmes.
The Portfolio Committee on Higher Education and the Department of Higher
Education may consider making a follow up on this issue.
8.
International
Agreements:
The
following international agreements were processed and reported on:
Date referred
|
Name of International Agreement
|
Objective
|
Status of Report
|
Date of enforcement
|
5
November 2009
|
Agreement
between the Republic of South Africa and the Government of the Kingdom of
Lesotho on the facilitation of cross-border movement of citizens of the
Republic of South Africa and the Kingdom of Lesotho, tabled in term of
section 231 (2) of the Constitution, 1996.
|
Facilitation
of cross-border movement of citizens of the Republic of South Africa and the
Kingdom of Lesotho.
|
Report of the Portfolio Committee on Home Affairs on the
Agreement
dated
10 November 2009
:
|
The agreement was not
approved by the Committee.
|
a)
Challenges emerging
·
The Southern African Development Community has a long overdue
implementation of the Protocol on the Facilitation of Movement of Persons. This
or a related migration Policy for South Africa and the Region have been planned
and delayed by the DHA for a number of years and are required by the National
Development Plan.
·
The DHA has continued with the closure of Refugee reception Offices in
Urban centres despite not opening new centres at the borders as planned and
could thus fall into contravention of the United Nations and African Union
Conventions on Refugees.
b)
Issues for follow-up
Continue to engage the Minister of Home Affairs and the DHA on progress
on a National and Regional Migration Policy.
9.
Statutory appointments
The following
appointment processes were referred to the committee and the resultant
statutory appointments were made:
Date
|
Type of appointment
|
Period of appointment
|
Status of Report
|
3 May 2011
|
Appointment of a Commissioner. The vacant
post was as the result of the passing away of one of the judges who served as
a Commissioner.
|
Seven (7) years
|
The report was adopted and a Commissioner
was appointed
|
2012
|
Appointment of Commissioners
|
Seven(7) years
|
The appointment was made by an Adhoc Committee
|
a)
Challenges emerging and Issues for follow-up
·
None
-
Obligations conferred on committee by legislation:
As
specified by section 5 of the Money Bills Amendment Procedures and Related
Matters Act (MBAP) of 2009, the National Assembly, through its Committees, must
annually assess the performance of each national department with reference to
the following:
·
The medium term estimates of
expenditure of each national department, its strategic priorities and
measurable objectives, as tabled in the National Assembly with the National
budget;
·
Prevailing strategic plans;
·
The expenditure reports relating
to such department published by the National Treasury in terms of section 32
reports of the Public Finance Management Act (PFMA.);
·
The financial statements and
annual report of such department;
·
The report of the Committee on
Public Accounts relating to the department; and
·
Any other information requested
by or presented to a House or Parliament.
A
Committee must submit the Budgetary Review and Recommendation Report (BRRR)
annually to the National Assembly which assesses the effectiveness and
efficiency of the departments use and forward allocation of available
resources and may include the recommendations on the use of resources in the
medium term.
The
Committee must submit the BRRR after the adoption of the budget and before the
adoption of the reports on the Medium Term Budget Policy Statement (MTBPS) by
the respective Houses in November of each year.
All
these obligations have been executed by the Committee.
a)
Challenges
emerging
·
None
b)
Issues
for follow-up
·
Ensure responses by the
Minister of Home Affairs to issues raised in the relevant BRRR within 3
months of tabling each year.
-
Summary of outstanding issues relating to the
department/entities that the committee has been grappling with
The following key issues are outstanding from the committees activities
during the 4
th
Parliament:
Responsibility
|
Issue(s)
|
Committee Secretary
|
Meeting with the new Regional Director of
the United Nations High Commissioner Refugees
|
Committee Secretary
|
Oversight visits to the Northern Cape
Province and Head offices of Government Printing Works as well as the IEC,
FPB and DHA
|
-
Committee strategic plan
The Committee had strategic plans for 2009,
2011, 2012 and 2013. The strategic plan for 2010 was not done because the
Committee participated in a coordinated oversight visits for the 2010 FIFA
World Cup.
Documents
No related documents