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TUESDAY, 15 JULY 2014
____
PROCEEDINGS OF EXTENDED PUBLIC COMMITTEE – OLD ASSEMBLY
CHAMBER
____
Members of the Extended Public Committee met in the Old
Assembly Chamber at 10:02.
The House Chairperson Ms M G Boroto, as Chairperson, took
the Chair and requested members to observe a moment of
silence for prayers or meditation.
HOUSE ARRANGEMENTS
(Announcement)
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, there
are some House arrangements that I have to refer to before
we continue. You can see that we have a challenge in regard
to the podium from where our members should speak – there!
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Ka Sesotho ba re ditaba di tšwa mahlong. [We need to hear
that from the horse’s mouth.]
So, they complain that they really want to see the
executive.
Hence, we arranged that these two desks should be reserved
for speakers. However, if you are comfortable standing and
speaking from the podium, you will be allowed to do so.
These are the places reserved for speakers.
Without further ado, can we have the Secretariat read the
Order of the Day?
APPROPRIATION BILL
Debate on Vote No 4 - Home Affairs:
The MINISTER OF HOME AFFAIRS: Chairperson, hon Ministers,
hon Deputy Ministers and hon members, we are honoured to
present Budget Vote 4 for the 2014-15 financial year to
this EPC today, in the year of the 20th anniversary of our
freedom.
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Home Affairs carries the responsibility of ensuring that
all South Africans have an identity and status, and of
maintaining a credible and secure national population
register.
The past 20 years have seen our young democracy become
fully part of the international community of nations, which
has required the Department of Home Affairs to manage the
entry and exit of persons to and from South Africa
effectively. This carries with it immense development
benefits for our country, but it also has serious risk
implications that need to be mitigated. It is this
evolution that informs our three departmental outcomes.
In pursuit of these objectives, the budget of the
Department of Home Affairs has been set at R6,6 billion for
this financial year. Departmental programmes will receive
R4,9 billion, the Film and Publication Board will receive
R79 million, the Independent Electoral Commission will
receive R1,6 billion, and the Government Printing Works is
now fully self-funding.
I have delegated the responsibility for front office
improvement, asylum seeker management, and legal services
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to the Deputy Minister, on which she will elaborate later
during her own speech.
One of our top priorities is to clean up the national
population register, which continues, for historical
reasons, to contain significant inaccuracies. One of the
main methods to clean up the NPR has been the ongoing
National Population Registration Campaign.
A key target of this has been to persuade all parents to
register their children within 30 days of birth. This
remains a daunting challenge in our country, where late
registrations of birth, for historical reasons, remain a
significant feature, resulting in significant breaches in
and pollution of our NPR. During the past financial year
64% of all births were registered within 30 days, which
constituted an improvement of 5% on the prior financial
year. We have thus far inaugurated live birth registration
in 391 hospitals and health facilities across the country,
and intend enhancing our partnership with the Departments
of Health and of Basic Education in support of birth
registration.
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I would like to make this important announcement. I intend
ending all late registration of birth by 30 December 2015,
after which all applications for late registration of birth
will go through an appeal and adjudication process. Timely
registration of birth must, and will soon be, the only way
into the national population register.
This calls for a national effort, involving all patriotic
South Africans keen to ensure we have a clean national
population register. They are urged to get involved in the
final mopping up stages of the late registration of birth
campaign. In this regard, the 264 stakeholder forums that
have been formed can play an important co-ordinating role.
One of the most tangible elements of our efforts to build a
Home Affairs National Identity System is the smart ID card,
which we began rolling out in 70 designated smart ID card
offices countrywide in October 2013. Thus far over 300 000
cards have been issued, and an additional 70 offices will
have smart ID card application capability by the end of
this financial year, to support our roll-out target of
1,5 million cards. Chair, 30 of the 70 offices will be
ready for smart ID card issue within 100 days. We are
investigating ways to leverage partnerships with the Post
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Office and the banks in the smart card roll-out, the
details of which we will announce when they are ready.
The dramatic improvements of recent years in the issuing of
ID books and passports have also been sustained, with 92%
of first-issue ID books issued within 54 days, and 96% of
passports applied for through live capture being issued
within 13 working days.
People aged 60 and above, as well 16-year-olds, are the
only groups currently invited to replace their ID books
with smart ID cards free of charge. When we reach the
target of 140 smart ID card offices, we will then
completely stop issuing green ID documents to 16-year-olds.
The smart ID card is also an example of technological
innovation with advanced technology, including biometric
data, which has ensured that it has not been breached in
the 10 months it has been in circulation. The South African
smart ID card was awarded the Regional ID Document of the
Year Award 2013 at the Asian, Middle East and African
Security Printing Conference.
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This is a world-class South African-developed product which
will have an enormous positive impact on our country and
economy, with significant potential applications in
financial services, governance, retail and ICT. Minister
Zulu, the opportunity exists for local technology
entrepreneurs and SMMEs to develop commercial solutions
which take advantage of the card’s functionality.
We must manage immigration securely and effectively, in a
way which benefits our country and society, heeds our
international obligations, and manages risks to national
security.
Cabinet has assigned the Department of Home Affairs the
leading responsibility in establishing the border
management agency, BMA, which will be central to securing
all land, air and maritime ports of entry, and support the
efforts of the SA National Defence Force in addressing the
threats posed to and the porousness of our borderline. We
are currently undertaking a feasibility study to determine
all the practicalities of a future BMA, the findings and
proposals of which will guide the legislative process
subsequently. All relevant government departments are being
engaged in an intergovernmental consultative process
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through a project management office we have established. By
the end of 2016 we hope to have the border management
agency established.
We have upgraded infrastructure at 11 high-volume points of
entry, including Beit Bridge and Maseru Bridge, and
expanded the Enhanced Movement Control System to
13 additional points of entry. During the past year we
facilitated the movement of 39 million travellers in and
out of the Republic, demonstrating that our ability to
manage the flow of people in and out of the country is
becoming increasingly efficient and robust.
In this regard, we draw attention to the new immigration
regulations which took effect on 26 May 2014, following
amendments to the immigration legislation which had grown
outdated in the context of new complex challenges.
As well as facilitating the streamlining of our permitting
regime, improving the administration of our visa issuance,
and regulating human movement into and out of South Africa,
the new regulations enhance our security by addressing
areas of weakness, risk and abuse.
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Opportunistically, South Africa is being advised to drop or
relax visa requirements in a world where they are required
of South Africans when they are travelling abroad, and
where security has become a matter of global concern. We
reject with contempt any suggestion that these regulations
are part of an Afrophobic agenda to keep Africans, or any
nationality for that matter, out of South Africa. After
all, South Africa cannot be separated from Africa. Hence,
we cannot shut ourselves off from Africa, nor shut our eyes
to the enormous risks that the new world possesses in
abundance.
Our commitment to African unity and development is
resolute, and our track record in this regard speaks for
itself. We value the contribution of fellow Africans from
across the continent living in South Africa. That is why we
have continued to support the AU and SADC initiatives to
free human movement.
However, this cannot happen haphazardly, unilaterally or to
the exclusion of security concerns. Neither can it happen
without standardising population registration and
immigration legislation, and addressing development
challenges everywhere.
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Risks to any country on our continent have a direct impact
on our own country. After all, we have not unilaterally
removed existing visa waiver agreements which we have with
fellow African countries, and are keen to enter into more
such agreements as we are satisfied that more African
countries are conducting civic registration of their
nationals.
At this point I wish to announce that we are in the final
stages of deliberations about the Zimbabwean special
dispensation, which will expire in December this year. I am
mindful of the anxiety among the Zimbabwean nationals in
possession of this special permit which was issued in 2010,
but I shall announce my decision in August this year.
Future policy development will focus on, amongst other
issues, a framework to deal better with economic migration.
Many of those involved have tended to pose as asylum
seekers. We are actively seeking a solution for how best to
separate asylum seekers and refugees from economic
migrants. In this regard, work is under way to introduce a
nationwide discussion on a new international migration
policy framework that will take into consideration current
realities and future management perspectives.
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The Department of Home Affairs contributes to economic
development in several ways, and our contribution as an
enabler of tourism is irrefutable. Our identity documents
help create the platform of trust and accountability which
underpins our competitive and sophisticated financial
system. Our ability to facilitate large numbers of
international visitors’ moving through ports of entry
efficiently has enabled us to be positioned as a trusted
host for major international events.
Our immigration management enables us to bring in workers
and investors who contribute to our economic growth. Our
staff have done well to eliminate visa and permit backlogs,
and proactively assist businesses with immigration issues.
The new immigration regulations will make it easier to
source critical skills from overseas. Foreign nationals
possessing critical skills can now apply for and be granted
a critical skills work visa, even without a job, allowing
them to enter the country and seek work for a period of up
to 12 months.
For some time now, business stakeholders have been asking
for families of workers to be considered as a unit, an
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international best practice which the new regulations now
include.
These specific improvements, and our commitment to
responsiveness to business needs in general, will make it
easier for South Africa to attract the critical skills and
investment our economy needs.
I am further proud to announce that the 11 Home Affairs
visa facilitation centres throughout South Africa are now
all operational. Results have shown that 4 000 applications
were received in June alone, and the turnaround time for
adjudication has already been reduced.
The Department of Home Affairs currently uses inefficient,
outdated manual systems which hamper our ability to offer a
speedy service to customers and are vulnerable to fraud and
corruption. We have thus embarked on a modernisation
programme to secure, integrate and automate all our systems
and create a paperless data environment. Customers will
benefit from greater efficiency, convenience and security.
Working together with the SA Revenue Service, we have
successfully implemented the enhanced movement control
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system in 58 ports of entry, and automated the live capture
for smart ID cards and passports in 70 offices nationwide.
We have upgraded infrastructure in physical offices and
technology at the Government Printing Works and in all the
offices with live capture and smart ID card capability. We
have also conducted training and change management in all
70 offices for front and back office officials on new
automated processes.
Key in the modernisation project is the development of the
Home Affairs National Identification System, which will
replace the current national population register and
refugee systems; an Integrated Border Management Solution,
which will include the Trusted Traveller Programme, and the
e-visa and e-permit system; the data cleanup of key
immigration and civics systems; and the further roll-out of
live-capture smart ID cards to the remaining identified
offices. We will further design dedicated smart ID card
offices in each province rather than implement the smart ID
card system in all offices.
I am convinced that the leadership demonstrated by each and
every one of our employees is a critical ingredient to our
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success. Leadership development, therefore, will be a
consistent theme over the next term, right into the future.
It is critical that our staff be service-oriented,
professional, competent, committed, ethical and
incorruptible. High standards and accountability are no
longer negotiable at Home Affairs.
Ongoing challenges include fighting corruption and the
staff being overburdened due to understaffing amid resource
constraints. Inconsistent customer service is also a great
challenge.
We are committed to ensuring that our customers
consistently experience excellent customer service. Our
progress in developing a new cadre of Home Affairs official
includes the establishment of a learning academy offering
our officials high-quality, accredited courses, in
partnership with universities.
Our commitment to youth employment is demonstrated through
our internship and cadet programmes. These young colleagues
have had a great impact already, having been immensely
instrumental in the reduction of permit backlogs.
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We have undergone a branding campaign to ensure all
frontline staff wear an updated uniform and name tags to
ensure they are easily identifiable, pleasant and
approachable.
Other key priorities this year are the employment and
development of women and people with disabilities, as well
as talent enhancement initiatives.
In the past eight months the Government Printing Works has
produced over 300 000 smart ID cards for the Department of
Home Affairs. Since 2009 it has seen its revenue double to
R757 million, with an envisaged twofold or threefold
increase in revenue over the next 5 years.
The Government Printing Works is midway through a five-year
R300 million capital programme to upgrade all printing
machines to state-of-the-art technology, as well as a
multiyear renovation and relocation project. Thus far the
passport and smart ID card factory and the high security
printing division are operational, with the passport, smart
ID card and examination paper dispatch centre coming on
stream in 2015.
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Over the coming few years the Government Printing Works
plans to complete its transition from a government
component into a state-owned enterprise. By 2017 the
Government Printing Works will have consolidated its
position as the leading security printer in Africa, and one
of the leaders in the field worldwide.
The Film and Publication Board has found innovative ways to
discharge its mandate, particularly of protecting children
from premature exposure to potentially harmful and explicit
content. It now uses FPB Online, an online application
system which enables them to release classification
decisions in well under 24 hours.
To adapt to the growth of digital media, it is exploring
online distribution agreements with major content
distributors, enabling the companies to classify material
on its behalf in accordance with its regulatory guidelines.
Furthermore, the Film and Publication Board also
strategically engages internationally, and within SADC, on
initiatives to prevent child pornography and child
trafficking.
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The FPB continues to work with the Department of Home
Affairs, the SA Revenue Service and the SA Police Service,
and recently conducted the destruction of more than 8 000
illegally distributed items of material in Komatipoort.
During the past 20 years we have, out of a painful past of
discrimination, exclusion, neglect and indignity, toiled
hard to forge a department committed and equal to the tasks
of restoring dignity to all South Africans and playing a
critical role in the socioeconomic development, as well as
the security, of our nation. Over the next five years, and
towards Vision 2030, with your support we can do even more
to establish and maintain a secure Home Affairs National
Identity System and facilitate the secure, efficient
movement of people.
I have outlined the work that our department is doing to
ensure that all South Africans can access their rights. The
Deputy Minister will add to this.
I would like to close my remarks by requesting all South
Africans to fulfil the responsibilities that come with
these rights we have outlined.
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On behalf of the Department of Home Affairs, and as part of
this national effort, I ask the following five things of
every citizen.
Firstly, prize South African citizenship. Citizenship is
our precious birthright, and deserves our protection and
respect. Participating in illegal schemes to extend
citizenship to people who do not deserve it devalues our
hard-won citizenship, undermining our national development,
security and social cohesion. The Department of Home
Affairs, in conjunction with the police and other security
agencies, will continue to combat identity fraud and
identity-related corruption, fighting fraudsters and
colluders alike with the same tenacity.
Secondly, register the birth of all children before you
leave the hospital, or within 30 days of their birth, in
order to ensure that your child’s identity and status are
recognised and safeguarded, and to help us secure our
national population register.
Thirdly, apply for your identity document at 16 years ...
[Time expired.] Thank you. [Applause.]
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Mr B L MASHILE: Hon Chairperson, hon Minister, hon Deputy
Minister, hon members and the audience present in the
gallery, the Portfolio Committee on Home Affairs met with
the department on 24 June 2014 for a briefing on its annual
performance and the Budget for 2014-15.
The entities that report to the department were not
engaged, although the department briefed us on the
budgetary allocations for this financial year. We had this
engagement because the committee has a mandate to exercise
oversight over this department and its entities, namely the
Independent Electoral Commission, the Film and Publication
Board, and the Government Printing Works.
The deliberations continued on 24 June and 1 July 2014,
when all questions raised were discussed and clarified.
After that, a unanimous report of the committee was agreed
to by consensus. I can say to this House that the report we
tabled is an agreed product of all parties represented in
our committee.
We are debating the Budget of the Department of Home
Affairs, whose mandate can be categorised as having two
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parts, namely the mandate on civic services and the mandate
on immigration services.
The civic services mandate charges the department to be the
custodian, protector and verifier of the identity and
status of citizens and permanent residents in South Africa.
Our population register should reflect the true status of
our citizens in this country.
We applaud the department on its achievements over the past
years in the areas of shorter turnaround times on identity
documents, travel documents and birth certificates. We
would like to encourage similar efficiencies in other civic
documents.
However, we want to raise the matter of improving security
in regard to all our civic documents, inclusive of their
production processes. Of course, we will also encourage
further efforts to make these services accessible in deep
rural areas, where we currently lack reach. Our clarion
call is that all these should be balanced out with the
security of our offices, processes and systems, of the
state, and of our documents themselves. There is no
compromise on this matter, hon Minister.
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The mandate on immigration services charges the department
to control, regulate and facilitate immigration and the
movement of persons through our ports of entry. The
department also services foreign missions and determines
the status of asylum seekers and refugees in accordance
with international obligations.
The committee is satisfied that the department has realised
that the work that they do has serious implications for the
security of our country. This mandate places the obligation
on the department to ensure that there is certainty
regarding those who have sought asylum and those that are
refugees. We expect the department to fulfil this mandate
and secure our country.
We as a country cannot allow the strength of our security
to be determined by noncitizens. It is the duty of the
department to plug all loopholes that are exploited by
noncitizens to acquire our documents illegally.
The new immigration regulations should be given time for
implementation. During the transitional period glitches may
be experienced here and there. South Africans must be
sufficiently patient, as any change has never been pleasant
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to all. We are convinced that the department has a correct
level of consciousness of these regulations and their
intentions.
We appreciate the open door policy of the Minister
regarding unintended consequences, if there are any. We as
a committee will, of course, continue to engage with the
department in order to be briefed on progress being made
during the implementation of the new immigration
regulations.
The entities I spoke about as reporting to this department
fulfil crucial responsibilities in the work of the state.
All of us know that the IEC continues to shine in
organising and managing elections in the country. We have
just completed the successful 2014 national and provincial
general elections. We are keen to know how they perform in
terms of their plans. Are there lessons that have been
learned, and what steps will be taken going forward? We do
not doubt the capacity and integrity of the commission in
doing this work.
We also have the Government Printing Works, with whom we
will engage, moving forward, in order to gain an
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appreciation of their plans for spending the resources
allocated to them. We understand the reasons for cutting
down on the target of ID smart cards for this financial
year, in order to ensure the security of the systems first.
However, we encourage the department to attend earnestly to
the expansion of the system with the necessary speed. There
is a high level of acceptance of this card in the country,
and access should not be unduly delayed.
The role of the Film and Publication Board in evaluating
the films to be screened within our borders speaks volumes.
The work of managing pornography and adult shops brings
morality to our society.
This department is on a transformation path to bring about
a serious, radical shift away from the path of the past,
which used to be plagued by a myriad of challenges,
systemic inefficiencies and unlawful acts.
The freedom we attained has brought new challenges that
require a transformed department in order to mitigate all
risks emanating from both inside and outside the country.
We are told that when this transformation is complete we
will see a department with patriotic, disciplined,
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security-conscious, professional and humane officials.
Then, we will see a department with modernised information
technology systems for security and service delivery. We
will also see a department with secure identity and
immigration services, and a high capacity to secure
critical systems. It will also be fully integrated into the
justice, crime prevention and security cluster. These
objectives will certainly put the department on the high
road and make a serious contribution to social cohesion and
the National Development Plan.
Chairperson, the department is allocated R6,2 billion for
this financial year, inclusive of allocations to the
related entities. The department has experienced a
reduction of R371 million in relation to the 2013-14
Budget. We have therefore cautioned the department that
critical services should be prioritised and not suffer from
the budget cuts. This Budget provides for the following.
In Programme 1 we have the Corporate Services subprogramme,
which should not be compromised at all. According to the
annual report of 2012-13, this subprogramme underachieved
in relation to its targets, and hence needs to perform
better moving forward. This programme will ensure that we
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have professional cadres that will direct the work of this
department, as resolved in the ANC’s 53rd National
Conference.
This Budget also provides for Programme 2. The significant
reduction is seen here, and we would like the department to
minimise, if not eliminate, the impact on critical work
areas of this programme. We are informed that this
reduction is counterbalanced by own generated fees earned
from the issuing of certain documents. The department
should ensure that the income generated is sustained in
order for this programme not to suffer.
We as the ANC-led government have committed ourselves to
cleaning up the national population register. The campaign
in this regard, targeted at persuading parents to register
the birth of their children within 30 days of their birth,
is supported. The decentralisation of birth registrations
to the majority of our health facilities seeks to put life
into this campaign.
The National Development Plan requires accurate data for
planning, and hence the use of secure, integrated and
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automated processes and systems will create a paperless
data environment less prone to loss and unlawful acts.
Also in this programme is the funding of the Independent
Electoral Commission for the work of the 2016 municipal
elections. We call upon the commission to upgrade the
security and processes, as people continue to sharpen their
skills to undermine the commission’s integrity.
Programme 3 is the programme wherein the facilitation of
scarce and critical skills acquisition from outside the
country is enhanced. The focus on economic development
requires enabling immigration regulations that allow
migration of these skills into our country.
The department should attend to a number of challenges
which hamper the ability to function and deliver services.
These challenges are, firstly, the negative public
perceptions and the general Batho Pele principles. Then
there are the photos in ID documents which are sometimes
mixed up. These challenges are related to the records
management system, which needs to be digitised to largely
remove human error.
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In his state of the nation address the President declared
war on corruption. Tightening the processes and the
document security is a non-negotiable requirement and
obligation for this department. We therefore expect the
department to deal with all unlawful activities in its
efforts to make a contribution to a corruption-free
administration. We believe that enhanced IT-based
operations will go a long way towards achieving this goal.
I also believe that we will contribute to the efficiency
and fewer unlawful activities that the President promised
our citizens.
As I move towards a conclusion, I want to point out that a
radical shift in the manner in which we do our work is
taking place. Let us restate what this entails: the
immediate registration of the birth of our children, within
30 days; the reduction in the turnaround time for identity
documents and passports; the tightening of immigration
regulations to enhance the security of our services and the
country; the attention to the posture of our frontline
offices; the state-of-the-art new smart ID cards
introduced; and the proposal to relocate the refugee
reception offices to borderlines.
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All these are a serious, radical shift, responding with
efficiency, skills enhancement, security consciousness,
dealing with our image problems, and the transformation of
the department, as the fifth administration would like to
be remembered. Together we are moving South Africa forward.
I therefore unapologetically declare here that the ANC
supports Budget Vote 4 of Home Affairs. I thank you.
[Applause.]
The HOUSE CHAIRPERSON (Ms M G Boroto): Firstly, before I
call on the next speaker, may I just appeal to the members
of the public in the gallery to ensure that in this House
we uphold the decorum that befits it. Can you please not
take pictures from the gallery there?
Secondly, to the speakers, there is no clock to alert you
when your time expires. Therefore, the officer presiding
here will alert you when you have one minute left. I
apologise to those who have just spoken, before my taking
this decision now. I hope that you all have the speakers’
list. The other thing that I will do is to make sure that I
remind you of how many minutes you have as you go to the
podium. Thank you.
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Mr M H HOOSEN: Hon Chair, we meet at a time just 20 years
after the father of our nation, Nelson Mandela, planted the
first seeds of hope. In his first sentence to this
Parliament, when he delivered the state of the nation
address on 24 May 1994, he said:
The time will come when our nation will honour the memory
of all the sons, the daughters, the mothers, the fathers,
the youth and the children who, by their thoughts and
deeds, gave us the right to assert with pride that we are
South Africans, that we are Africans and that we are
citizens of the world.
The responsibility to deliver on this right rests with this
department. It is the work that this department does that
proves that we are South African, that proves that we are
African, and that proves that we are citizens of the world.
The work of this department impacts on the lives of every
single South African, and every foreigner that enters our
country.
This is why all of us have a responsibility to make certain
that this department delivers on its responsibilities in a
manner that helps us change the lives of all South Africans
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and that breathes life into the hope and vision that Nelson
Mandela had for us 20 years ago.
Lest I be accused of only criticising, let me say that we
must recognise that since 1994 this department has made
many positive advances. We can document the many millions
of South Africans whose rights and dignity, previously
denied by the apartheid government, have now been restored.
The reduction in the time it takes to process and deliver
passports is one example of the many successes of this
department.
But we must continue to make advances in changing the lives
of our people, and we have a long road yet to walk.
Millions of South Africans still walk our streets every day
without the dignity of a decent job, and this department is
not excluded from the responsibility of contributing to job
creation.
Take, for example, the advice of the National Development
Plan, where it promotes the migration of scarce skills into
the country – a key contributor to the development of a
competitive commercial and industrial environment. We all
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know that South Africa has a skills shortage. This is,
without a doubt, a legacy of apartheid. It is imperative
that we urgently address this problem in a positive manner.
But the new immigration regulations set us on a path to
achieve the complete opposite. This is probably one of the
worst pieces of legislation that I have come across in a
very long time. Nothing that this department has done
before will contribute more to job losses in our country
than the new immigration regulations, and let me tell you
why.
Hon Minister, if you are serious about building our skills
base you will reduce the barriers of entry for scarce
skills instead of fortifying them. If you are serious about
increasing our skills base, then you will offer incentives
to attract scarce-skilled people, such as offering fee-free
visas. Instead, you’ve now added a further surcharge of
R1 350, which VFS Global charges – this is a United
Kingdom-based private company.
Then there are also huge backlogs in the issuing of
permanent and temporary permits, and further requirements
for permits only complicate this situation.
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Hon Minister, the solution is glaringly obvious. Open up
our borders and lay down the red carpet for those who have
the skills we require to build this country.
Instead, hon Minister, you are doing the complete opposite.
The new regulations will undeniably make it even more
difficult for skilled foreigners who apply legally to enter
South Africa. In an environment where our borders are so
porous and millions of illegal foreigners who are already
in South Africa are slipping through the net because of a
weak immigration inspectorate division, we will end up with
a situation where skilled foreigners will look elsewhere
for work, whilst unskilled illegal foreigners roam free in
South Africa.
This approach only promotes a breeding ground for more
xenophobic attacks in South Africa and does little to
promote economic growth and job creation.
Let me give another reason why your regulations are a bad
idea. In future, anyone travelling abroad with a minor will
require an unabridged birth certificate. [Interjections.]
Now, anyone who has recently applied for an unabridged
birth certificate will tell you ... [Interjections.]
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The HOUSE CHAIRPERSON (Ms M G Boroto): Order! Order, hon
members!
Mr M H HOOSEN: ... that the experience is a nightmare. In
fact, it’s probably easier and faster to get a divorce in
our country. [Laughter.]
Although the department promises delivery in weeks, in many
instances it takes months. The main reason why it takes so
long is that someone up there in Pretoria has to manually
verify the details of the parents before they can issue the
certificate. [Interjections.] Now, just picture what a
primitive system we have when someone up there is probably
running between hundreds of boxes trying to find documents
to prove a child’s parenthood. We urgently need to digitise
the system in order to ensure faster turnaround times. This
impediment will, no doubt, impact on the number of children
who will travel abroad with their parents and this, in
turn, will impact on the revenue that is generated for the
broader benefit of our country.
The International Air Transport Association estimated that
inbound and outbound travel in South Africa was worth
R24 billion last year. A quarter of this came from people
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travelling with children. This means that we place at risk
a potential R5 billion in revenue because of the
introduction of just this one new requirement.
Hon Minister, I completely understand your attempts to
reduce child trafficking in our country. But please, sir,
explain to this House why you introduced such a stringent
requirement when you know that the Department of Home
Affairs cannot deliver these documents in time for people
to travel. It is more sensible to strengthen the
department’s ability to deliver on these certificates
first, and then introduce a tighter control mechanism. Your
approach, hon Minister, simply does not make sense.
[Interjections.]
The HOUSE CHAIRPERSON (Ms M G Boroto): Order, members!
Mr M H HOOSEN: Now, let me give you another reason, hon
Minister, why these regulations are going to destroy more
jobs.
The introduction of VFS Global to facilitate the handling
of all visa applications will now render the hundreds of
private immigration companies completely redundant. All of
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these private practitioners employ thousands of South
Africans who will now join their jobless counterparts on
the streets. Explain, again, to the nation, hon Minister:
Where do you expect these thousands of people to go when
finding a job in our country is becoming nearly impossible?
Now, you announced very recently that already VFS Global
had received about 4 000 applications. Do the maths – at
R1 350, this company has made some R5 million in one month,
and you’ve shut down all the private immigration companies
so that one company can make R5 million and put all those
people on the street. [Interjections.]
The tourism sector – another reason - employs about 600 000
people. The National Development Plan suggests that the
sector has the potential to add a further 225 000 jobs by
2020 and that this sector can contribute about R500 billion
to the economy. However, the new regulations are causing
havoc for thousands of tourists wanting to travel to South
Africa. Already Chinese and Indian travel agents are
advising their clients to seriously consider other
destinations in Africa. I have no doubt, hon Minister, that
your regulations are going to have a huge impact on our
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tourism sector, and I am sure that this will lead to
further job losses.
I can give the Minister another 20 reasons why these
regulations are bad for our economy and bad for job
creation. But let me now focus on why they are bad for the
image of our country.
The value statement of the Department of Home Affairs
includes its being committed to being people-centred,
caring, professional and having integrity.
As a consequence of the new regulations, hundreds of
foreigners who are forced to leave the country because the
department does not have the capacity to grant them visa
extensions in time, are now being marked as “undesirable”,
and they are banned from entering the country for another
five years. Many of these foreigners have families and
sometimes children who are South African citizens.
It simply does not make sense why you, hon Minister, are
hell-bent on punishing innocent foreigners for something
they have absolutely no control over. This is tantamount to
punishing innocent people for the department’s incapacity.
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These hurried regulations are now tearing innocent families
apart.
Now, I understand, Minister, that people can have their
undesirable status overturned and can submit appeals. I
understand that. But it doesn’t make sense, for example, to
give an innocent person a criminal record and then ask him
to appeal it to have it removed. That doesn’t make sense.
It also does not make sense to expect thousands of
foreigners in the country to use only 11 newly established
visa centres when previously this service was offered at
scores of Department of Home Affairs offices countrywide.
Let me also tell you that if you want to apply for a visa
through VFS Global in Johannesburg, the next available
appointment is somewhere in the middle of August. This
office can only accommodate a certain number of interviews
in a day and the diaries are filling up very fast. Soon one
will have to wait months for an interview and this will
have a knock-on effect on the number of people who travel
in and out of our country. This will also make us look like
we are running some sort of Mickey Mouse operation, because
we don’t have the capacity to meet the demand.
[Interjections.]
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Hon Chair, I want to tell this House the story of a
Pakistani citizen who recently had to be interviewed by a
Home Affairs official for a residency permit. The new
regulations require that the husband and the wife are
interviewed separately on the same day and at the same time
to determine the authenticity of their relationship. Quite
understandable. But this young man had to suffer the
indignity of describing the type, the colour and the style
of his wife’s underwear that she wore to bed the night
before the interview. [Interjections.] He also had to
answer other similar questions that invaded his wife’s
right to privacy. This is not an isolated incident. I ask
you, sir: Is this the caring, professional and peoplecentred service that we should be delivering?
[Interjections.]
Now, what boggles my mind even more ...
The HOUSE CHAIRPERSON (Ms M G Boroto): One minute, hon
member.
Mr M H HOOSEN: ... is that you have implemented a set of
regulations that will have far-reaching implications for
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many years to come without even conducting any form of
economic or social impact study.
Hon Minister, I appeal to your sense of reason. Please
withdraw these regulations and have them redrafted. I
understand your good intentions behind the regulations and
I am sure you will explain them in your response. But
please, sir, the unintended consequences are that these
regulations are tearing innocent families apart. They will
destroy the creation of desperately needed jobs in our
country, and they will kill our tourism sector. Even the
Minister of Tourism, Derek Hanekom, agrees. So, maybe that
will count for something. I thank you. [Applause.]
Mr G A GARDEE: Hon House Chairperson, the EFF rises to
respond to the Budget Vote speech of the hon Minister
Gigaba. At the outset I should state that we are unhappy
with the budget and herewith register our reasons why we
shall not vote for this department’s budget.
The Minister’s predecessor, hon Pandor, on the occasion of
her Budget Vote speech, had this to say last year, and I
quote:
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Since 1994 our ANC government has worked hard to ensure
Home Affairs restores dignity to all, creates systems for
a secure identity, and promotes international friendships.
Molefi Ntsoele of Lesotho, Dipotaneng, was eager to fly one
day and indeed he did fly – in his coffin for burial in his
home country. Stelega Gadlela of Dvokolwako in Swaziland
never lived to care for his big African family.
I refer to these matters of the workers’ struggle in
Marikana because an ANC deployee ... [Interjections.] ...
ruled that it is unparliamentary to attribute the massacre
of the Marikana workers to the government of the ruling
party, yet it is parliamentary to say that the ANC
government has worked hard to promote international
friendships.
We have referred to that opening statement of your
predecessor in order to expose the hypocrisy and
inconsistency of the ruling party in government –
indicating left, but turning right, in the best interests
of the white monopoly capital of the imperialists of
London, and in cahoots with what the Minister in the
Presidency, hon Radebe, calls the “black bourgeoisie”.
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This department saved the shameful faces of the
unremorseful leadership of the Independent Electoral
Commission from public scrutiny by ensuring that it was not
dragged screaming to the committee briefing. It is only ...
Ms Z S DLAMINI-DUBAZANA: A point of order, Chairperson.
The HOUSE CHAIRPERSON (Ms M G Boroto): On what point of
order is it, hon member?
Ms Z S DLAMINI-DUBAZANA: Hon Chairperson, according to
Rule 58(2):
At a sitting in the Chamber ... a member may only speak
from the podium ...
... and it gives certain reasons. [Interjections.]
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, maybe
you arrived late; that issue has been addressed. Continue,
hon member.
Mr G A GARDEE: That is the inconsistency and hypocrisy of
the ruling party.
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The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, don’t
address the member. [Laughter.] [Interjections.]
Mr G A GARDEE: It is not only Parliament that should invite
an entity; the department and the IEC should have known
better, that this Parliament is new and that Budget Vote
scrutiny is preceded by the entities’ appearance before the
committee. It is so disrespectful – the conscience of the
IEC never informed it that it was a courtesy to be part of
this historical landmark Budget Vote with the EFF.
The massive irregularities, with the complicity of the IEC
staff and leadership, and coupled with deliberate
inefficiency despite excessive resources, did not escape
the eagle eye of the EFF.
It took just a few insane individuals in well-respected
countries to slam their society into civil strife of untold
magnitude over elections, but in South Africa this could
not be the EFF. Nevertheless, the nonchalant attitude of
the presiding officers and their assistants, and the
outright collusion and manipulation of records are well
documented and known.
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If only South Africa could order a forensic audit of the
elections, they would understand the magnitude of
corruption and fraud perpetrated by IEC officials in these
elections, and the victors would not be proud of their
victory. We were there, we saw it, and we have the
evidence.
Hence they could not come before the committee on the
budget briefing. Yet they want the R1,6 billion
appropriated to them to be approved!
The Department of Home Affairs officials do not take
Parliament seriously, in that they refused to spend even a
few minutes taking on board what the new Parliament had to
say on the evolution and implications of the widely
criticised immigration rules. Despite a passionate plea for
them to assist so as to defend the department in the
attacks against the promulgation of these regulations, the
leadership of the department demonstrated outright
arrogance. They flatly refused and went back to Pretoria in
a hurry, pretending that the brief was so intense and
complicated that it needed a whole day or a week to brief
members, as if members are wilfully illiterate.
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In every department that you have headed, hon Gigaba, the
relationships you have had with the Gupta family, and the
television and news print media ... [Interjections] ...
leave much to be desired. The EFF will not support a Budget
Vote that will benefit the Gupta family in advertisement
revenues, a family that unashamedly violated the sacred
land of war, the Air Force Base Waterkloof.
In these circumstances, the EFF vehemently rejects the
Budget Vote of Home Affairs anchored in the National
Development Plan’s 2030 Vision, a neoliberal and white
monopoly capital policy not different from Gear. [Time
expired.] Thank you.
Ms S J NKOMO: Hon Chairperson, hon Minister, hon members
and guests, let me begin by saying that the IFP supports
this Budget Vote. [Applause.] This is a portfolio that
remains very close to our hearts and the heart of our
leader, Prince Mangosuthu Buthelezi, and as such we keep an
extra keen eye on it, as well as on its various entities.
No department is without its challenges and it is in this
regard that we wish to raise the following points of
concern.
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The first point is that the department in its presentation
to the portfolio committee in July produced a budget
analysis which reflected substantial amounts as savings,
which is, in fact, a sugar-coated way of saying that they
underspent, and this by millions.
In the 2013-14 financial year we note the underspending
equivalent to 2,7% less than the budget allocated, which is
similar to the 2,6% underspending in the 2011-12 financial
year. This equates to a consistent underspending of
approximately 3%, which is above the 1% usually considered
acceptable by Treasury.
The IFP is not at all surprised that the Treasury has just
reduced the departmental budget, as money unspent only
hinders our country’s development. Money which is not spent
and which is kept in a department is money which should
have been given to other departments to further programmes
that would have been programmes of quality for our country.
A qualified Auditor-General’s report does not help either.
We also note that this will in all likelihood hamper the
department’s plans for its new vision. The Minister, the
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Chairperson and all other members have spoken about this
new vision, which is such a beautiful vision.
In regard to the R6,6 billion that has been allocated, the
IFP notes that with this type of ongoing underspending we
will definitely see a lot more underspending taking place.
We would like to recommend that Treasury, through
interaction with the department, review its template on
spending patterns – on underspending, on overspending and
on savings – so that it reflects the reality of the
situation.
The second point is this. We have 72 ports of entry that
are being managed. We would like to know if they are being
managed well, because we seem to be having problems on some
of the borders, as has been stated, and something has to be
done. Such porosity through mismanagement must be
addressed.
Departmental efficiency in the issuing of identity
documents and passports still leaves a great deal to be
desired. Just last week I had a gentleman come to my
office. He had been waiting since October last year for the
issue of his ID, which is now about nine months. This
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delay, which has been acknowledged by the department, has
caused him serious distress in that, among other issues, he
has been unable to register the birth of his last born
child, born on 9 January 2014.
Another point is the issue of the VEC 4 forms. During our
elections these VEC 4 forms caused a lot of voting fraud,
and we will be interacting with the Minister in this
regard.
On the issue of entities, the IFP is extremely worried
because the committee did not interview or have any input
from the entities, and that was deliberate. The committee
did not listen to the opposition when it proposed that even
if the entities did not come to be interviewed, they should
write down what they were doing. This is unacceptable.
Thank you.
Mr N M KHUBISA: Hon Chairperson, hon Minister and hon
members, right at the outset I must say that the NFP
supports this budget. [Applause.] [Interjections.] Are you
asking what’s new? The reason why we support this budget
...
EPD 15 JULY 2014
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The HOUSE CHAIRPERSON (Ms M G Boroto): Order! Order, hon
members!
Mr N M KHUBISA: We have a reason to support the budget, hon
Minister, but having said that, I must say that you have a
daunting task ahead of you. You will have to hit the ground
running. Of course, the department has made great strides
in trying to improve various aspects.
I note with a great deal of interest that your staff have
indicated that there are challenges that have been
besetting the department from as far back as 2004 and we
hope that those issues will now be dealt with and that
issues of corruption will be a thing of the past. I
strongly believe that if there is a will to do that, it
will be done.
We think that with the new centres that you are opening,
hon Minister, you will definitely take the department
forward in order to serve our people, because our people
need services, they need jobs, and poverty must be
alleviated. Therefore, we as the NFP believe that this
department can do a lot to ensure that our people get the
services that they need.
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Having said that, let me say that we know that there has
been a reduction with regard to the civic affairs
programme, which is not a welcome move at all. It is not
welcome in the sense that the 400 offices that we have are
not enough.
In the rural areas, for instance, there are no mobile units
or offices. I think that the department will have to move
in the direction of seeing to it that there are offices in
the rural areas to ensure visibility.
Moreover, if you go to these offices – I don’t say that it
is all of them – you will find that there is a great deal
of congestion. Our offices have to be user-friendly to
senior citizens, and to the disabled as well.
You have said that you are going to train about 100
managers in leadership skills. That is not enough, if you
take into consideration the fact that there is a lot that
has to be done in the department. I think you have to do
more. Any reduction in staff in the department and any
vacancies that are not filled promptly will really
jeopardise the department’s success.
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We know that the introduction of the border management
agency will do something, but it is going to need a lot of
technology, because it has to be monitored. And, of course,
you will have to work with the Department of Defence and
Military Veterans and other departments to ensure that
there is security, because our borders are porous. Thank
you. [Time expired.]
The DEPUTY MINISTER OF HOME AFFAIRS: Chairperson, hon
members and guests, the Minister was at the point where he
was making some very important announcements to South
African citizens and the general population when his time
expired. So, with your permission, Chairperson, I would
like to use some of my time to deal with some of those
issues.
Firstly, the Minister called on people to register the
births of their children within 30 days. Secondly, he calls
on all South Africans to apply for their identity documents
at the age of 16 years, and perhaps the particular case
that the hon Nkomo referred to would not have happened had
the gentleman in question applied for his identity document
timeously.
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Thirdly, he is calling upon us to safeguard our documents.
This is very important to help combat identity theft and
fraud, which can be a very painful experience if that
happens to you. An alarming number of IDs are reissued
every year due to loss or theft, and many of these
documents subsequently lie unclaimed for years at Home
Affairs offices, increasing identity theft and inviting
fraud and corruption.
Finally, the Minister is also calling on everybody to take
heed of the fact that they should register deaths in the
family immediately, in order to prevent theft of the
deceased’s identity and insurance, and other types of
corruption.
A very important part of his speech is that the Minister
wishes to thank the Deputy Minister for her hard work and
efficiency! [Laughter.] [Applause.] I thought that I must
say that.
Chairperson, today as we greet and welcome our guests in
the gallery, I wish to recognise two very special guests
who vary in age across the spectrum. Firstly, Mrs Nora de
Kock recently received her smart ID card at the tender age
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of 104 years. [Applause.] Mrs de Kock was so delighted that
she agreed to come to Parliament today and grace this
occasion.
Baie dankie, Ouma. Ons is baie bly om u hier hartlik te
verwelkom en ons bid dat God u met baie meer gesonde jare
sal seën. [Thank you, Grandmother. We are delighted and we
extend a warm welcome to you here and we pray that God will
bless you with many more healthy years.] [Applause.]
The second special guest is a Grade 11 learner from
Mountview High School in Hanover Park. Young Tasneem de
Jongh was the team leader of an international group of
schools who participated in the Commonwealth Games
Classroom Project. Where are you? Ah! There you are.
[Applause.]
The various participating schools had to write essays about
their school experience and Tasneem’s group won. For her
prize, Tasneem will be travelling to the Commonwealth Games
in Glasgow, Scotland, next week. We are very pleased to be
able to facilitate an urgent passport for her.
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We wish to congratulate her and her team who are here
today. Where are the team? Please stand. [Applause.]
Accompanying them is Mr Reginald Assure, as well as the
Principal of Mountview High School, Mr Archie Benjamin.
Well done, sir.
Thank you all for showing South Africa that in this
country, this 20-year-old democracy, success is not
dependent on who you are or where you come from. What you
have shown us is the truism that real success is dependent
on hard work and dedication. It is values like these that
will make sure that we transform this nation into a winning
nation. We will continue to work in our communities and
support our people in moving South Africa forward.
The Department of Home Affairs has a key role to play in
the safety and security of our country and its citizens, as
the Minister has already said. My specific
responsibilities, which are the management of refugees,
legal services and the front office improvement project,
are all linked to this particular outcome.
South Africa is part of a global society where the security
and socioeconomic realities in one country impact on those
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of another. On the one hand we have an obligation in terms
of our values as a nation to fulfil our constitutional and
international obligation to protect persons who have a
well-founded fear of persecution, or who are escaping lifethreatening situations. To this end, we need to adjudicate
asylum seekers efficiently, fairly and humanely, and
integrate those persons accorded refugee status into our
communities. On the other hand, we need to put a stop to
the large-scale abuse of the asylum seeker system in South
Africa, as this places genuine asylum seekers at a
disadvantage and creates social and economic risks for the
country.
The asylum database for 2013 gives a picture of a gradual
decline in the overall number of registered asylum seekers
in 2013. Despite this, the activity at the Marabastad
Refugee Reception Office suggests the opposite. The report
of the department into asylum seeker management comes to
the conclusion that there are concurrently push factors in
the countries of origin fuelled by pull factors in South
Africa.
This will continue to generate the high numbers of
new arrivals on our shores.
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One of our major challenges in this regard is that many
people who seek asylum in South Africa are actually
economic migrants who use the asylum seeker process to
avoid applying for a visa under the Immigration Act.
The standard push factors include the unpredictability of
the sociopolitical situation in SADC and the Eastern
African regions and the continued impact of the world
economic meltdown. The pull factors include South Africa’s
resilient economy, the high standard of living, the human
rights culture, and the free health, education and other
social benefits.
The asylum statistics report shows that, amongst others,
these factors have contributed to a total number of
70 010 new arrivals’ being registered in 2013. Just under
50% of the new asylum seekers are from the SADC region,
with Zimbabwe being the largest asylum seeker-producing
country, followed very closely by the DRC, Mozambique and
Lesotho at approximately 3 500 each and Malawi at 2 500.
Asylum seekers from West and East Africa constituted 32% of
the overall number of applicants, and the rest are received
from South and Central Asia.
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Chair, 70% of the new arrivals in 2013 were registered by
the Pretoria Refugee Reception Office, up from 59% in 2012.
The Musina Refugee Reception Office accounted for 19% or
13 600-odd new applications, 3% more than in 2012. The
Durban Refugee Reception Office handled 9% or 6 400 new
applicants, up from 7%.
Our decision with regard to the Cape Town Office was
initially successfully challenged in court, but the Supreme
Court of Appeal reaffirmed the department’s right to
determine policy matters of this nature. We are then on
track in regard to our policy to relocate refugee reception
centres to the borders and not to locate them in the
hinterland.
Gauteng remained the hub in 2013, with 71% of the
registered new arrivals, and the other provinces received a
combined 29%. This adds significantly to the urban influx
challenges faced by that province, and the competition for
scarce resources leads to other social and economic
challenges.
A total of 68 000 registered asylum claims were adjudicated
and finalised in the first instance at the refugee centres
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between January and December 2013. Of these claims, a total
of 10,6% were approved and 30% were rejected as unfounded,
with a further 52% rejected as manifestly unfounded,
fraudulent and abusive. These figures indicate a
potentially healthier situation than the one which had
occurred prior to this, when a total of 95% of all asylum
applications were found to be without merit.
These statistics are critical in informing our policy
development for the future. They also indicate that we are
making important strides in the neutralisation of the
negative consequences of inefficiencies in our asylum
seeker management. This coming financial year will have to
see some major interventions, particularly at the Pretoria
Refugee Reception Centre.
In terms of the National Development Plan objective to
facilitate faster and more inclusive economic growth, we
need refugee policies, legislation and processes which will
address national priorities and reduce risks to the
country. There are some positive signs, but much more still
needs to be done in this area.
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Legal Services are responsible for drafting legislation
dealing with litigation, and assisting various units in the
department with contracts. It is currently preparing a
piece of draft legislation that will lead to the
establishment of the border management agency, which will
play a critical role in securing our ports of entry and
borderlines. This is going to be one of our biggest
initiatives this term, aimed at safeguarding our collective
national interests.
For the last financial year the success rate of the
Directorate: Litigation on average over the reporting
period was 84%.
The Directorate: Contracts finalised 93,5% of the contracts
received for scrutiny or drafting within one month, and
100% of these contracts were quality assured. For the next
financial year the Directorate: Contracts has set itself
the target of finalising 91% of the contracts received for
scrutiny or drafting within one month of receipt.
This directorate has also played a major role in ensuring
that contracts and work orders pertaining to the
modernisation of the department were timeously concluded
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and quality assured, which ultimately led to, amongst
others, the successful implementation of the smart ID card.
During the next financial year we will also endeavour to
fill the vacant funded positions in the Chief Directorate:
Legal Services.
In 2009 the Department of Home Affairs initiated a pilot
project aimed at revitalising the look and feel of our
front offices to make them more user-friendly, with clear
signage to enable proper workflow and queue management. The
project has been rolled out in a number of our offices in
accordance with the available budget. The Minister has, as
he has said, tasked me with improving the client experience
at each of our front offices. After a comprehensive
consultative process, the details of the front office
improvement project will be finalised.
Chairperson and hon members, most, if not all, South
Africans would agree that there has been steady improvement
in the Department of Home Affairs over the years. We remain
committed to further improving our operations to primarily
ensure the security of our people and country.
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Finally, let me extend, on behalf of both the Minister and
myself, our thanks to the director-general and his team,
the chief of staff in the Ministry, and all the officials
in the Ministry. Let me also take this opportunity to thank
our Minister, whose impeccable leadership and collegial
approach are most exemplary. Thank you very much.
[Applause.]
Ms N A MNISI: Hon Chairperson, hon Ministers and Deputy
Ministers present, the Director-General of Home Affairs,
officials and guests in the gallery, the birth of our
nation in 1994 demonstrated the strength of centripetal and
centrifugal forces in shaping the polity and developmental
path of the nation.
While some, for fear of the unknown, hastily rushed out to
unknown lands, abandoning the land that had imparted to
them a bogus status of “baas” and “miesies” and catapulted
them to an opulence those in their motherland can only
dream of, torrents of others, in the hope of an imminent
better life for all, rained into our beautiful country.
Those who knew and trusted the ANC knew that a true
democracy was on its way and those who understood our value
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of ubuntu knew that no home would be better than the one
the ANC of South Africa was building. [Applause.]
In describing the humane spirit of South Africans, our
father, O R Tambo, said to the United Nations in 1955:
That statement, which declares South Africa belongs to all
who live in it, is a drastic concession on the part of the
African people, but is a demonstration of the willingness
of the African people to live in South Africa with
everybody who wants to live there on the basis of absolute
equality – no racism, no racial discrimination, no
superior race, no inferior race. On that basis South
Africa belongs to all who live in it.
[Applause.] You need to go through history to understand
how this declaration has been abused by some because they
prefer, and continue to prefer, only one part of the deal.
Ubaba uTambo made it clear that the declaration is not
unconditional, but is based on absolute equality.
The question is not whether people come from South Africa,
or they come through our borders; it is why people come
through our borders. Unfortunately, reality shows that not
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all who come through our borders have honourable intentions
and bona fide motives.
Some come into our country to help us build our
developmental state. To those we say: “This is our home –
come, let us build a nation steeped in unity and plurality,
and join us on our journey toward a national democratic
society.”
However, some, like a thief in the night, come with the
purpose of harming our beautiful nation and country. To
those we say: “The time has come to turn the tide. We never
had criminals in mind when building constitutional
supremacy. This land of our forefathers, as SA Native
National Congress President Makgatho said, shall never
become a hideout for criminals under our watch.” Statistics
demonstrate that more than 95% of those claiming asylum in
South Africa are not genuine asylum seekers.
Kepha ngabantu nje abazozifunela amathuba emisebenzi.
Kuyaziwa-ke ukuthi laba bahlobo bethu bavunyelwe ukuthi
baziphilise ngenkathi besalinde izimpendulo zezicelo zabo.
Abanye-ke baye bagcine sebezibonela amathuba okuthi, ukuze
bamukeleke eNingizimu Afrika, bashade nabantu baseNingizimu
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Afrika; okuyimishado engekho emthethweni. Abanye baze
bazifunele nezitifiketi zokuzalwa ezingekho emthethweni.
Abanye baze babe nezingane nabantu baseNingizimu Afrika.
(Translation of isiZulu paragraph follows.)
[They just came here to seek job opportunities. It is a
known fact that they are allowed to find some means to earn
a living while job hunting. Some end up getting married to
South African citizens in order to obtain South African
citizenship and these marriages are not even legal. Some
fraudulently acquire fake birth certificates. Others even
have children with South Africans.]
The above-mentioned challenges call for new measures. South
Africa must take steps to be able to refuse asylum to
asylum seekers who have transited through one or more safe
countries. The United Nations convention on asylum seekers
provides for the first safe country rule, which states that
an asylum seeker should seek refuge in the first safe
country that she or he reaches. In this regard, South
Africa should exercise its right to refuse to grant refugee
status to asylum seekers who have travelled through safe
countries.
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Njengoba sazi ukuthi abanye basuka emazweni akude, badlule
wonke amanye amazwe aphephile, beze la eNingizimu Afrika
ukuzocasha bathi basabela izimpilo zabo. Abanye sibabona
ngezinsuku zamaholide sebehamba beyovakashela izihlobo
zabo. Lokhu kusishiya nombuzo othi: Umuntu uvakasha kanjani
uma ecashile, ebalekela ukubulawa ezweni lakhe?
(Translation of isiZulu paragraph follows.)
[We all know that some come from countries that are far
away, having passed through all the other safe countries to
come to South Africa claiming to fear for their lives. Some
even visit their families during holidays and this makes us
wonder how they could do that if they were genuine asylum
seekers.]
It is crucial that systems be put in place to effectively
and efficiently manage economic migrants. We should all not
forget that there are strong historical flows of labour
between certain Southern African countries and South
Africa. Movement of people in and out of the country is
inalienable to trade operations and economic development.
Immigration and border management continue to be critical
to balancing security and development interests. The border
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management agency should thus be strengthened and the
department should play a crucial role in its strategies and
operations to ensure that only the appropriately documented
find their way into the country.
The department should also strengthen its management of
asylum seekers. There should be a strict adherence to
international conventions and protocols.
The 53rd ANC National Conference in December 2012
deliberated on the state of Home Affairs as a key function
of the state. The conference raised its concerns over the
presence of undocumented migrants in the Republic, which
poses both an economic and a security threat to the
country.
It deliberated on the challenges relating to legislation
regulating access to citizenship by foreign nationals. It
also acknowledged the initiative of the department in
embarking on modernisation and the development of a single
national identity system which is based on biometrics. This
will also be used in the Integrated Justice System to fight
crime more effectively.
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The conference clearly articulated the need to reconsider
policy relating to centres for asylum seekers during
consideration of their status.
Concurrently, the ANC recognised the perceptions that arise
during this process and called for awareness programmes to
combat xenophobia and educate society against narrow
nationalism.
Home Affairs plays a decisive role as the backbone of the
developmental state, and is central to enabling security
and service provision. It plays a crucial role in enabling
all South Africans to proudly claim their citizenship,
their identity and their dignity.
A developmental state is unable to meet its essential goals
without a detailed and secure identification system that
incorporates both citizens and noncitizens who live, work
or study within its borders. The identification system is
crucial to a range of social, economic and cultural
activities, and ensures that the state is empowered to
organise itself, plan for the future and protect its
citizens.
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One of the pillars of the National Development Plan is the
building of a capable developmental state that can play a
decisive role both in development and in the reduction of
poverty. It is therefore encouraging that the department
has embarked on a large-scale modernisation programme that
will enable the state to provide services effectively and
securely. The same systems will produce reliable statistics
for planning purposes.
The integrity of the national population register is at the
heart of all this, ensuring that all people in South Africa
feel safe and are safe. [Time expired.] The ANC supports
the Budget. I thank you. [Applause.]
Dr C P MULDER: Hon Chairperson, the hon Mnisi started off
her speech by referring to the “drastic concession” spoken
of by O R Tambo, to the effect that “South Africa belongs
to all who live in it”. Do you really want us to take you
seriously? Are you saying to the Khoi and the San people,
who have first nation status, that South Africa belongs to
them because of some drastic concession by the ANC? You
can’t be serious.
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The Department of Home Affairs has come a long way and we
are thankful that the department has made strides in
certain respects. It is also important that the department
is no longer a nonsecurity department but has become a
security department.
The reason for that is the practical reality that South
Africa has become a safe haven for crooks from around the
world, and we know that. It’s a tragedy that the ANC is
only now suddenly waking up and wanting to take the
necessary steps. While we welcome those steps and we
definitely need them, what have we been doing over the last
20 years about protecting South Africa in that regard?
We’ve had porous borders and people coming in from
everywhere, making South Africa their safe haven. Do we
really still need 72 points of entry in this country? Do we
need 72 points of entry? I don’t think that is really
necessary.
Hon Minister, in the department’s annual report you refer
to the whole question of employment equity and the status
of the people in the employment of the department. I know
that the Constitution clearly states that “public
administration must be broadly representative of the South
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African people” – “broadly representative”. What does that
mean exactly? I know that the ANC government has taken that
provision in the Constitution of being “broadly
representative” to mean absolute representation. But you
have even gone beyond that.
In the Department of Home Affairs you refer to the
different population groups as being African, coloured,
Indian and white. I don’t think that is correct. We are all
African. If you want to do it correctly, then you should
speak of black, coloured, Indian and white, because we are
all Africans – regardless of what you have referred to, hon
Mnisi.
If you look at that, you will find that those defined by
the department as “African” are supposed, in terms of
absolute representation, to be 79% of the people in the
department. However, at the moment you have 86,58%. You
have 7,58% too many what you call “Africans” and too few
coloureds, Indians, whites and people with disabilities.
Now, we also know that there is a lack of capacity in the
department in regard to critical areas such as the
inspectorate and finances. I want to ask the Minister – and
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I’ll check this in the next report when it comes – that he
rectify his own approach in regard to absolute
representation because it is currently skew and not
correct.
Then, the fact of the matter is that we think it is vitally
necessary that we have the new approach in regard to our
integrated border management, and we will support that.
However, there is one thing that the Minister must take
very seriously, and here I have to support my colleague
from the DA. What he said regarding the new visa
regulations is absolutely correct. [Interjections.] What we
need at this time is economic growth, and we should not
scare people away with an unreasonable kind of approach in
this regard. Thank you.
Ms D CARTER: Chairperson, I want to start by saying that
Cope is delighted with the Minister, who is adopting and
implementing the slogan of Cope regarding a reliable,
accountable and incorruptible government and department.
[Interjections.]
The President and his executive profess to have at the top
of their agenda the triple challenge of poverty, inequality
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and unemployment. It does not help when we pass legislation
and regulations that are counterproductive to meeting the
triple challenge.
The new regulations relating to the visa immigration
requirements, as introduced by the Minister, are a case in
point. Reports are surfacing that it is having a negative
impact on our tourism – one of the very few good stories
that we have to tell. The new regulations have ripped
families apart and chased potential investors away. Whilst
there was clearly a need to beef up our immigration
management, were the negative consequences considered and
why were these amendments processed in such haste?
What are we going to do about this? Our government has a
responsibility to be responsive. So, why do those affected
by government have to challenge them in court? Just in the
Western Cape there have been more than 1 000 cases. Why
can’t the Minister admit that the regulations were made in
haste? We are not saying they are wrong, but I think they
were drawn up too hastily.
Shockingly, recent reports allege that the Chairperson of
the NCOP has hired undocumented foreign workers to work on
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her farm. So, we need to ask the Minister how he is going
to deal with these allegations against his colleagues and
party loyalists.
Minister, through you, Chairperson, the R140 for a new ID
card is of grave concern to Cope. How many pensioners,
grant recipients, unemployed, and homeless people can
actually afford to pay R140 for a new ID card? Moreover,
did the department actually issue 100 000 ID cards by the
end of March, as they anticipated doing? Or did the
question of affordability actually impact on their
producing the 100 000, as the first two and a half months
was set aside for the roll-out to pensioners?
Then, is the turnaround time now 30 days instead of 54 days
to issue an ID document?
Importantly, why will a border management agency be
established only in 2017, considering that both the
combating of transnational crime and terrorism, and the
fostering of trade and tourism, are priorities of the
present? The Minister and the Deputy Minister can smile.
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Cope is concerned about the continued challenges
experienced by the department. Firstly, there is the
nonintegration of the IT system. Taking into consideration
the millions that have been spent over the last couple of
years, we still do not have an integrated IT system.
[Interjections.] There is a lack of capacity in the
inspectorate and financial management.
I hope that the Deputy Minister is right and that it is not
who you know and where you are from that count. That, I
suppose, would mean that we will not have any more Gupta
landings at air force bases.
In conclusion, Cope believes that we need to see a detailed
plan with goals and timeframes for how the Ministry and the
department intend to give effect to the vision set out in
the National Development Plan. I thank you.
Mrs C DUDLEY: Chair, as the ACDP looks at this budget and
considers its potential to get the job done, the impact of
the new immigration laws is uppermost in our minds. While
we are acutely aware that national security cannot be taken
lightly, we are concerned that the new regulations are
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causing difficulties for businesses, individuals and
families.
New requirements for in-person biometric data collection
for tourist visas and unabridged birth certificates for
travelling minors are viewed by many as disadvantaging
South Africa in the intensely competitive global tourism
trade. And this is expected to impact particularly on
emerging, high-growth tourism from countries like China and
India, as large tour groups visit South Africa in the
winter months, providing important business in the offseason.
Now there is an upside, of course, regarding human
trafficking. Club owners in South Africa, for example, were
previously able to apply for visas on behalf of women they
import for sexual exploitation under the guise of exotic
dancing, and the ACDP calls on the department to increase
vigilance in this regard. How effectively does this budget
actually speak to the issue of trafficking – the need for
relevant training and other critical aspects?
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Meanwhile, airline representatives have warned that South
Africa could lose an estimated 536 000 visitors or roughly
R6,8 billion.
We have also been advised that there is insecurity around
foreign adoptions, as families face the very real
possibility of having to leave the country without their
adopted children. This is disturbing in view of the great
need in South Africa for suitable families to adopt
orphans.
Possibly the most far-reaching impact will be felt,
however, by more than a quarter of a million Zimbabweans
who fled the political and economic crisis at home after
disputed elections in 2008. The special permits they were
granted expire later this year. According to the new laws,
if they want to continue living in the country, they will
have to return home to apply for extensions. Hon Minister,
the ACDP is appealing to you to urgently consider giving
Zimbabweans the right to work in South Africa as part of a
temporary permit process.
Research shows that this would have many positive benefits
for South Africa, including increasing the ability of
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Zimbabweans to productively contribute to the South African
economy through their skills’ being utilised in the formal
labour market and through entrepreneurialism. It would also
help efforts to combat corruption, protect labour
standards, upskill the economy and fight crime.
This is not to mention the huge savings for the taxpayer if
the overloaded and ineffective deportation system could be
scrapped. Most of the 250 000 people are unlikely to be in
a position to go back and options like rounding them up,
sending them to Lindela Repatriation Centre, and then
deporting them by air would be a very unfortunate and
costly business.
Hon Minister, does this budget ensure capacity in the
department to enable it to provide the documents it will
require South African travellers to present? If not, the
call for unabridged certificates is likely to drastically
increase applications and create yet another backlog.
And, very quickly, let me ask about an adequate budget for
security outside of Home Affairs offices. This is becoming
even more critical as people, especially the elderly, are
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extremely vulnerable because they are being attacked by
thugs in those places.
The ACDP assumes, hon Minister, that you are aware of many
of these issues and that you, as much as any one of us, do
not want to see unintended consequences. This is no easy
task but it is urgent.
We will support this budget, which will require exemplary
management if it is to get the job done. Thank you.
[Applause.]
Ms D D RAPHUTI: Good morning, hon Chairperson, hon Minister
Mr Malusi Gigaba, hon Deputy Minister Ms Fatima Chohan, hon
chairperson of the portfolio committee Mr Mashile, hon
members of the portfolio committee, the Director-General
and staff of the Department of Home Affairs, distinguished
guests, and ladies and gentlemen.
The ANC says that this efficient Department of Home Affairs
is run by capable leaders, managers and staff. This part of
the Budget goes to them, and we as the ANC are supporting
the Budget Vote and proposing that it be agreed to.
[Applause.]
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Ladies and gentlemen, I want to thank the proudly South
African people for tasking the first public representative
of our continent, hon President Zuma, with continuing to
take South Africa forward. In the last 20 years we have
witnessed tremendous, tangible changes in the lives of
South Africans. Yes, it is true that our country South
Africa has done so much within a short space of time.
This is evident in the provision of smart cards, and we are
really proud of this. However, this is not simple and easy,
because we see that multitudes of people want to live in
our home, this beautiful country called South Africa, and
they even go to the extent of doing undesirable things,
like stealing some of our home brothers’ and sisters’
identities. It can’t be.
The Department of Home Affairs, through its former
Ministers, hon Nkosazana Dlamini-Zuma, who is now the
Chairperson of the African Union and who laid a strong
foundation, and hon Naledi Pandor, who succeeded her, said
that they could not allow these unscrupulous tendencies of
people’s doing as they wished in our home, South Africa, to
continue. [Interjections.] We can see ...
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The TEMPORARY CHAIRPERSON (Ms T C Memela): Hon members,
would you allow the speaker to continue without
interruptions now?
Ms D D RAPHUTI: We have 10 369 personnel servicing
52 million South Africans, as well as those who cross our
borders. We applaud their sterling work. I am going to
outline what the staff in this department do.
Firstly, 20% of the staff complement are responsible for
administration. They are responsible for providing
leadership, management and support services to the
department.
Secondly, 48% of the staff complement are responsible for
citizens’ affairs. They secure efficient and accessible
services for citizens and lawful residents.
Finally, 39% of the personnel are responsible for
immigration affairs. Their responsibilities are to
facilitate and regulate the movement of people through
72 ports of entry into the Republic of South Africa, to
determine the status of asylum seekers, and to regulate
related affairs.
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Presently there are 354, or 3%, funded vacant posts. The
vacant posts emanate from natural attrition, and we believe
that measures will be put in place to promote staff
retention. The department does not employ contract workers,
which needs to be applauded – they believe in employing
personnel permanently.
I am of the view that Home Affairs personnel who are
performing above the expected norm must be rewarded.
There are vacant posts for audit services,
countercorruption, immigration services, the chief
financial officer, provincial managers, and the chief
internal audit executive. We have said that these posts
must be filled with immediate effect.
I spoke about rewarding the best performing employees. I
now want to congratulate the Springbok office in the
Northern Cape, which won the “Most improved” category. This
office is situated in a remote rural area of the Northern
Cape and it serves mainly rural communities. I want to say,
“Well done!” because these staff members ... [Applause.]
... are performing beyond the call of duty in servicing our
communities. [Interjections.]
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In conclusion, I want to make a clarion call to our
communities out there to partner with this home called Home
Affairs, in order to make South Africa safe to live in.
Gaabo motho go thebe phatshwa. [Home is where the heart
is.]
Action must be taken to stop unscrupulous tendencies, to
educate, to inform and to stop corruption at all costs.
Yesterday, when I was reading the Sowetan, I saw that the
following was printed in bold: “Con woman on the prowl –
immigrants made to buy fake permits”. The question is: Why
go and buy things on street corners and not go to the
offices of Home Affairs? That is not an employee of Home
Affairs.
I am calling on you who are seated up in the gallery: We
must be patriotic and proudly South African. We are not
going to allow short cuts, as some of our hon members are
requesting. Please give our Minister the time to build this
home called South Africa.
Minister, Deputy Minister and Director-General, don’t give
up now! We have come too far from where we started.
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[Applause.] Nobody told us that the road would be easy. We
don’t believe that God has brought us this far to leave us
now. We are marching forward, taking South Africa forward.
I thank you. [Applause.]
Mr A M FIGLAN: Hon Chair, hon Minister, hon Deputy
Minister, director-general, chairpersons of the entities,
and ladies and gentlemen, allow me to congratulate the
Minister on his appointment to his new post. Sir, we are
here to work with you to better South Africa.
As my colleague, the hon Hoosen, has dealt with the rest of
the issues, I will focus only on the departmental entities,
namely the Independent Electoral Commission, the Government
Printing Works, and the Film and Publication Board.
Please allow me to congratulate the IEC chairperson,
Adv Pansy Tlakula, the commissioners and the chief
electoral officer for delivering credible, free and fair
elections. We pride ourselves on your success; keep on
doing a good job.
However, we are concerned about the continued negative
publicity around the chairperson and her involvement in the
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tender debacle. The DA hopes this matter will be concluded
timeously.
I am also compelled to emphasise the need to appoint
credible employees to this body. This is with particular
reference to the presiding officers, who are responsible
for ensuring free and fair elections, arguably the single
most important feature of participation in a democracy.
While we applaud your performance in this respect, we feel
there are some who do not know the difference between their
party affiliation and the work they do for the IEC during
elections, and that has the potential to derail democracy.
The Government Printing Works has been an example of a
well-run state entity. It is efficient, effective and
sustainable. It has a long history of manufacturing
security printed matter such as passports, visas and
related publishing, and providing production and
dissemination services of the highest quality for
government institutions. Today it ranks as one of the most
progressive security printing specialists in Africa. It
boasts a hi-tech production plant with world-leading
equipment. However, we need to find a model that will help
them retain and attract more qualified and experienced
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personnel to continue with the great work that the GPW has
been doing.
The budget allocated to the smart ID card must be spent
properly on the intended purpose. We also appeal that this
project be delivered within the prescribed period and that
it ensures that all South Africans are issued with a smart
card ID. There has been some controversy surrounding the
smart ID card project, however, as many do not understand
its value and the important information regarding this
project. It would therefore be useful to create greater
awareness and understanding of the project among South
Africans. This can be done through mobile awareness
campaigns and advertisements such as pamphlets and posters
in the various communities.
The Film and Publication Board needs to devise a plan to
create strong branding and increase public awareness to
ensure that every citizen understands its role and the kind
of programmes the organisation offers. The FPB deals with
the film, games and publication industries. Remarkable
technological developments are noticeable in all three
industries. The size and ability of the FPB needs to
reflect these developments in order for it to better
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position itself to regulate this growing and
technologically advanced industry efficiently.
The FPB needs to be protected as a vital institution in
South Africa. As with the case of Brett Murray’s painting,
The Spear, the FPB’s duties have at times been undermined
by political interference, which has inhibited the
institution’s purpose. The FPB’s role in South Africa is
still vital in the quest to protect our children from
unsuitable and potentially harmful contents in programming,
and its purpose should be preserved and upheld.
Hon Minister, I want to assure you through the Chairperson
that if the executive, the department and the portfolio
committee all work together and play their part, we will
deliver a successful service to the people of our country.
Let me just add this. I want to applaud the director–
general and the deputy directors-general for their
commitment to building a better quality service. This is
probably the only department where the DG and the DDGs put
their private cell phone numbers on their website for the
benefit of the public. I thank you very much. [Applause.]
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Mr D M GUMEDE: Chairperson, hon members, and esteemed
ladies and gentlemen, I rise firstly to thank the Minister
and his team for issuing us with smart cards. It is only
smart people that can issue smart cards! [Applause.] You
have made us proud as South Africans, and I say thank you
for that. I am sure that I do this on behalf of many of us
in the House, both in the ANC and in the opposition.
[Interjections.]
The ANC in its 20 years in government has brought about
many changes for the better, and it continues to deliver to
improve the quality of life, particularly for the poor and
marginalised.
In that process many lessons have been learnt in
government, bringing in new ideas and concepts, and a new
way of doing things. Among these has been the realisation
that for better governance the government has to be in a
partnership with different organs of civil society, which
includes the private sector, and to develop an inclusive
approach in planning as well as in implementation.
This has resulted in the National Development Plan, which
is a product of a situational analysis by the National
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Planning Commission. This long-term plan was adopted in
2012 by all parties in Parliament, thereby becoming the
blueprint of the nation, owned by the nation, owned by all.
We therefore expect every plan of government to be aligned
to the National Development Plan. Let me implement my part,
while you implement your part and we all implement our
parts, and South Africa will be a great country.
[Applause.]
This plan was intended to take us to 2030 and thus help to
lift us out of a situation of poverty and inequality to
where we have a more prosperous society that is more
equitable and more inclusive.
This is a journey with a number of steps, like reducing
unemployment; expanding and improving infrastructure;
improving efficiency in the use of available resources;
moving towards an inclusive planning approach; improving
the quality of education, and here we see that the
department has established an academy to make sure that the
skills development in the department is raised and at the
proper level, making the department more professional;
building a more capable state; fighting and eliminating
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corruption; uniting the nation; and building a coherent
society. We have started holding hands and moving forward
as South Africans. Let us move on.
Coming back to the Department of Home Affairs, the
following questions arise: Is the department laying a
foundation for the National Development Plan and, if so,
what steps has it taken? Does its Medium-Term Strategic
Framework align with the National Development Plan and, if
so, what are the relevant facts?
This is done to check whether the short to medium-term
strategies of the department are aligned to the National
Development Plan. That is our duty of oversight: to make
sure that what government promises is what it does every
day.
From what the department reports, its contribution to the
National Development Plan was, among others, the inclusion
of all citizens in democracy and development, something
that was enabled by: providing them with identity documents
and a security system that has helped the poor and reduced
corruption; increasing its efficiency in issuing identity
documents to the poor, especially in the rural areas;
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increasing its capability and efficiency in the management
of immigration; a programme modernising IT for more
efficiency and security; and promoting nation-building by
providing the same services to all residents at over
400 service points.
Yes, 400 service points are quite a lot, but the ANC would
be the first to say that these are not enough. It would
also say that it should, together with public
representatives, make sure that it does better, either
through using mobile offices or through whatever other
proposals there might be.
So, come up with proposals – do not demonise the programme.
It is working so well, and working for South Africa. We
consider these to be the building blocks for the bigger
picture in our journey towards the National Development
Plan: Vision 2030.
Similarly, the Medium-Term Strategic Framework focus on the
feasibility of the border management agency is a matter of
interest, as it looks forward to better capability in
border management and control. This is a matter of concern,
and we are happy that the department is taking
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responsibility. It is accountable for addressing this
problem.
The improvements in the national identification system,
backed by training and capacity building, give us hope that
in future our identification documents based on biometric
data will not fall easily into the hands of criminals and
the corrupt. Here the fear, Mr Hoosen, is that if we do not
do these things, the drug traffickers and the child
traffickers will have a field day in South Africa. So, it
is a measure that government is taking.
The Minister was the first to say that his door is open to
those who have better alternatives. So, please, just go to
the Minister and give him advice. Howling is not going to
assist, sir, but if you go to the Minister and give him
advice, perhaps that will be more effective. [Applause.]
When we talk about being more efficient and effective, we
are talking about methods that work – howling does not
work.
As we go forward it is evident that the department has
aligned many of its plans with the National Development
Plan.
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In the past 20 years in government the governing party has
learnt a lot of lessons. As the hon Mnisi has said, at its
53rd conference it adopted a number of positions after
noting the following.
The presence of undocumented migrants poses an economic as
well as a security threat to our beautiful country, South
Africa.
There are many asylum seekers that do not qualify for
refugee status or protection, and the question that has
been asked is: What we are doing about it? The new
immigration regulations are trying to address that
situation.
Some weaknesses in cross-border management have been noted,
and thus the border management agency has been formed.
There are challenges relating to legislation regulating
access to citizens by foreign nationals – that is what the
immigration regulations and legislation have been
formulated for.
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There is a need to balance the inward flow of low-skilled
labour to curtail the negative impact it has on domestic
employment. Here again, Mr Hoosen, we make a distinction
between skills. There are scarce skills, and there are
critical skills. There are skills that South Africans have.
Where we have those skills, we say that people from other
countries should not come here and walk into jobs that
ought to be ours ... [Applause.] ... because we have those
skills. We cannot allow a situation where the people of
South Africa who are paying taxes are displaced by people
coming from elsewhere.
But surely, where skills are critical, there is a list that
can be updated every year, and there is a process to
follow. Where there are scarce skills, there are processes
and regulations to follow. Just familiarise yourself with
them, and then this debate will give more light than heat.
South Africa needs more light, going forward, than heat. We
have had heated debates; we have had struggles; and now we
need to move forward as a united nation. That is why we say
we are building the nation and we should have a coherent
society in South Africa.
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Let me say that the department has largely responded to the
above matters.
So, if we view the annual performance plan for 2013-14, it
is evident that in responding to the above there has been
the start of a significant shift to new ideas and concepts.
These include the shift to modernisation in developing the
national identification system, which requires an applicant
for an identity document to present himself or herself
personally to take a photo and use a fingerprint for
identification, among others.
The positive identification of children is also necessary
to prevent child trafficking. The Minister of Home Affairs
is on record as saying that his door is open on this
matter, so please engage with him. It is more constructive,
because it builds a stronger South Africa.
Chairperson, we shall continue to closely monitor the
priorities of the department, which have been stated as
being: the effective management of immigration; the design
of a secure national identification system; the
modernisation of Home Affairs front offices; the
improvement of service delivery and promotion of good
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governance and administration; the development of officials
that are ethical, patriotic and professional – here we can
actually see that the academy is trying to address that;
and visible and firm action in the fight against
corruption. Here we also invite the media houses to publish
actions taken by government against corruption. There are
many.
Thank you very much. The Department of Home Affairs is
smart, and we move that the budget be adopted. [Time
expired.] [Applause.]
The MINISTER OF HOME AFFAIRS: Hon Chair, the hon Gumede has
called on hon members to advise the Minister on these
regulations, and the Minister supports that. However, the
Minister suggests that before he is advised, hon members
should please read the regulations, so that the Minister is
given advice that is not based on the media analysis of
analysts who themselves have not read the regulations!
[Laughter.] It will not help. [Applause.]
For example, one hon member spoke at length about the
scarce skills permits. That does not exist any more – we
now have a critical skills visa. We actually have one
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permit only, and that is the permanent residency permit.
The member goes on and on about a whole number of things
that he obviously has absolutely no idea about. [Laughter.]
He says regulations will destroy tourism but he does not
elaborate how. He has clearly read about this somewhere,
but has not applied his own mind to it. [Interjections.]
The hon member says that the R1 300 is a barrier to entry
and I find that preposterous. It is ludicrous to actually
suggest that a skilled UK, US or German engineer could fail
to afford €100 but can afford to pay from R4 000 up to
R20 000 to an immigration practitioner. It is absolutely
ludicrous! I cannot begin to understand the meaning of
that. [Applause.]
There are many people who deliberately and maliciously
overstay their time in South Africa, because they know that
they can pay their way out if you say that the penalty is a
fee. So what you have is an immigration regulation that
serves the rich and punishes the poor, because the poor
cannot afford to pay the penalty fee and the rich can. The
rich deliberately overstay their time, don’t renew their
visas or permits, and know that if they are asked about it,
they will just pull out their wallets and pay whatever fee
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they are charged. What happens to the poor who do not have
the same amount of money?
We need to standardise the penalty to ensure that the
penalty that applies to the poor African immigrant also
applies to the rich European immigrant. [Applause.] That is
what we need to do and that is what these regulations are
trying to achieve.
We are also advised that the decision to give the programme
for visa applications to a private sector company is
apparently wrong because it will destroy jobs for
immigration practitioners. The immigration practitioners
are in business in so far as Home Affairs is inefficient.
If you improve efficiency at Home Affairs, you then ruin
their business. Therefore, in order to keep them in
business, you must keep Home Affairs inefficient!
[Laughter.] [Applause.] What type of logic is that?
[Interjections.]
An HON MEMBER: The ANC logic!
The MINISTER OF HOME AFFAIRS: No! No! It is DA logic. It is
your logic. Remember, it is you who are arguing for this.
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Now, nobody has said that immigration practitioners must
close up shop. In actual fact, they continue to provide a
service to people who seek applications.
We welcome the debate, and we welcome opinions of the hon
Figlan very much. We will consider the views of the hon
Mulder on the ports of entry. We are happy about the
opinions raised by the different hon members.
However, we want to assure you that the debate on Home
Affairs is not just about immigration regulations. It is
about the totality of the work that the department does.
Very few members have commented on that, because many of
them have been given speaker’s notes on the immigration
regulations and have absolutely no interest in everything
else we do. Thank you very much, hon Chair.
[Interjections.] [Applause.]
The TEMPORARY CHAIRPERSON (Ms T C Memela): Hon members,
there is only one timekeeper. I haven’t asked for help thus
far – please allow me to do my work diligently. Thank you.
Hon members are reminded that the EPC on Human Settlements
will meet at 14:00 in the National Assembly Chamber. Thank
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you very much to all the people in the gallery and
especially to the veterans. Thank you very much. Let this
not be the first and last time you come here. There are
more debates to take place. Thank you.
Debate concluded.
The Committee rose at 12:19.