EFF calls for treason charges against corrupt Home Affairs officials
The most common transgressions related to fraudulent identity documents and birth registrations across various provinces.
The Economic Freedom Fighters (EFF) are calling for Home Affairs officials implicated in corruption to be charged with treason.
Moreover, the Democratic Alliance (DA) also raised concerns about the lack of disciplinary action against nearly 500 implicated employees.
The Portfolio Committee on Home Affairs met on Tuesday to receive briefings on several issues, including the Legal Aid Board's criteria for representing undocumented foreign nationals, and a collaborative effort between Home Affairs and the Department of Social Development to support undocumented foreign minors.
Additionally, Members of Parliament (MPs) discussed the Immigration Amendment Bill and received an update from Home Affairs' counter corruption and security services unit.
Rising corruption cases within Home Affairs
Home Affairs Deputy Director-General for Counter Corruption and Security, Conny Moitse, revealed a growing number of cases under investigation by the department.
According to Moitse, at least 805 cases have been investigated over the past three financial years.
Of these, 490 yielded no evidence implicating Home Affairs officials and have either been closed or referred for recommendation.
Over 300 cases, involving 427 officials, were referred to employee engagement.
The most common transgressions related to fraudulent identity documents and birth registrations across various provinces.
ALSO READ: Only South Africans receive birth certificates, says home affairs
No office could be singled out as a problematic office.
Furthermore, 17 officials were identified for irregularly processing and issuing study visas.
Four Home Affairs officials and two from the Department of International Relations and Cooperation (Dirco) were charged and dismissed for visa-related corruption in China, Tunisia, and Ghana.
'These officials are also being investigated by the Special Investigating Unit,' Moitse told the committee on Tuesday.
The Tunisian case involved 95 Libyan nationals at a military training site in Mpumalanga who were irregularly issued study visas.
Investigations revealed that the Libyans did not have adequate financial support, provided no bank statements, submitted fraudulent medical reports, and had enrolled at unaccredited institutions.
Financial misconduct and criminal convictions
Moitse further reported an increase in cases involving financial misconduct.
'In most cases, officials failed to comply with Treasury regulations in that revenue collection was not banked daily and could also not be accounted for.
'Criminal cases were also opened against the officials identified.'
ALSO READ: Home Affairs fires six officials in ongoing fraud and corruption crackdown
Thirty cases involving both citizens and foreign nationals were reported to the South African Police Service (Saps) in the fourth quarter of the 2024/2025 financial year.
Among the notable convictions was a former immigration officer at O.R. Tambo International Airport, sentenced in February for extorting money from a Thai national in 2019.
The official received a fine of R30 000 or six years imprisonment, with five years suspended.
Home Affairs identity fraud and marriages of convenience
Moitse detailed how the photo swap scam works.
A South African sells their identity, a Home Affairs official captures the foreigner's photo, and a passport is then issued using the local citizen's identity.
She said 27 officials were dismissed for this, with eight convicted and receiving prison sentences between four and 18 years.
Additional cases remain pending.
In another scam, five officials were fired for issuing marriage certificates to South African women marrying foreigners for money, while another five face disciplinary action.
'When the investigators went through the record, we uncovered that the women are actually complicit because they signed [the certificates], their fingerprints biometrics were there on the forms and there were witnesses.
ALSO READ: Allowed to only marry at 21? Home Affairs marriage bill sparks fierce debate
'Once we showed them the evidence that's when they started confessing that they were paid,' Moitse said.
Home Affairs has since facilitated divorce proceedings for these fraudulent marriages.
The 10 officials involved worked in Witbank, Mpumalanga, and Johannesburg, Gauteng.
The alleged kingpin, Abdul Thunta, a foreign national, was arrested for faciliating these marriages and possessing Home Affairs documents.
'A total of 28 foreign nationals implicated in fraudulent marriages were referred to the branch civic services to cancel the fraudulent marriages and branch immigration services to investigate the status of the foreigners,' Moitse said.
Investigations and vetting of Home Affairs officials
Moitse noted that investigations into corruption at the Tshwane Refugee Reception Centre and other centres are ongoing.
She emphasised systemic issues hampering their work.
'We have been reactive in our detection intervention.'
ALSO READ: Home Affairs deports more than 46 000 illegal immigrants in past year
Moitse also shared vetting statistics revealing that out of 8 360 Home Affairs employees, only 1 425 have been cleared by the State Security Agency.
Similarly, 2 496 cases are pending, while 439 employees are yet to be vetted.
Moitse added that 476 lifestyle audits have been completed.
She concluded by citing challenges faced by the counter corruption unit, such as limited budgets and insufficient personnel.
EFF calls for treason charges over Home Affairs corruption
During the committee session, EFF MP Thapelo Mogale questioned the leniency shown to corrupt officials.
'The actions that some of these officials are involved in, they amount to treason because Home Affairs is a security department.
'It is a very critical department of our government so it's very wrong to, in my view, to just charge these corrupt officials with fraud and corruption,' he said.
Mogale also raised concerns about South Africans involved in fraudulent ID and marriage schemes.
'Are they also getting charged for their involvement?'
Patriotic Alliance (PA) MP Lorato Mathopa added that some women were deceived into marriages.
'There are other South African women who were married under false pretences or without their knowledge.'
ALSO READ: Home Affairs issued 12 200 study visas to foreign nationals last year
DA MP Adriaan Roos questioned the protocol when cases are referred to the SIU.
'So what happens to these people while the SIU investigates them? Do they continue in the department? Are they suspended on full pay?'
He also raised concern about the lack of consequences for the 490 officials.
'I just want to understand what is going on here? Are persons not required to provide some sort of prima facie evidence when lodging a complaint or can they just say this official is corrupt, please investigate and then there's no evidence,' Roos said.
Despite this, Roos acknowledged the efforts of the counter corruption unit, noting that it had met and exceeded most of its annual performance targets
Legal representation challenges for undocumented foreigners
Earlier, parliamentary content advisor Adam Salmon addressed legal representation challenges faced by undocumented immigrants.
'The situation is particularly acute for vulnerable migrant populations such as asylum seekers and refugees,' he said.
Salmon identified barriers including language difficulties, unfamiliarity with the South African legal system, and poverty.
'Socio-economic vulnerabilities, including poverty and lack of stable employment, often prevent them from affording private legal representation, while awareness of and access to pro bono services or Legal Aid may be limited or non-existent.'
These challenges were compounded in the context of immigration detention, he added.
Data and protection concerns for undocumented minors
Salmon highlighted ongoing challenges with undocumented foreign children, particularly in data collection.
He pointed out that inaccurate statistics hinder effective policy and support services.
Undocumented minors also encounter significant challenges in obtaining legal documentation, often due to bureaucratic obstacles and limited awareness.
These issues increase their vulnerability to various forms of exploitation, including child labour and human trafficking.
'To address these issues, Home Affairs and Social Development continue to collaborate on developing and implementing policies that protect the rights of undocumented foreign children.
'This includes placing identified children in child and youth care centres under the supervision of social workers until they can be reunited with their families or provided with alternative care.'
NOW READ: 27 Home Affairs officials dismissed for fraud and corruption since July 2024
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
eNCA
42 minutes ago
- eNCA
14 South Africans held in Zimbabwean jails
HARARE - At least 14 South Africans are being held in Zimbabwean jails. They are among over 70 foreign nationals behind bars in the country, the majority for crossing the border illegally. The Zimbabwe Human Rights Commission says these people should be deported and not held. During a visit to the Harare Remand and Chikurubi Maximum Security prisons recently, the commission exposed inhumane conditions. It's calling for an urgent intervention. The commission inspected the Harare Remand and Chikurubi Maximum Security prisons. It found inhumane conditions, lack of access to education, healthcare and delays in legal proceedings. But, the commission also found dozens of undocumented migrants. The ZHRC says these people should be deported and not held in these jails. Human rights lawyers are calling for the swift implementation of all the commission's findings.
The Citizen
4 hours ago
- The Citizen
Batohi could appear in parliament to explain allegations of corruption inside the NPA
Batohi's statements have ignited some curiosity on the challenges of the NPA. The Economic Freedom Fighters (EFF) wants the National Director of Public Prosecutions (NDPP) Shamila Batohi to appear before parliament next week to give more details about allegations of rogue elements inside the National Prosecuting Authority (NPA). During an interview this week with a local broadcaster, Batohi said she was concerned that the NPA had been infiltrated by individuals who do not have the best interests of the rule of law at heart. She also said there were systematic challenges, but also internal and external agendas that affect the function of the NPA. The state lawyers have been under attack from both the public and political parties for mishandling major cases, especially those involving high-profile figures and politicians. In a letter to the chairperson of the Portfolio Committee on Justice and Constitutional Development, the EFF stated that the NDPP must furnish Parliament with information on rogue activities at the NPA, if indeed they exist. 'We therefore respectfully request that the Portfolio Committee convene an urgent meeting on Tuesday, 10 June 2025, for the express purpose of engaging Advocate Shamila Batohi on her public statements and allowing Members of Parliament to exercise their oversight responsibilities. In the spirit of transparency and full accountability. 'Advocate Batohi must explain what she meant by infiltration, what forms of manipulation she is facing, what forces—internal or external—are hindering her work, and what corrective or protective steps have been taken,' the party said. The Minister of Justice and Constitutional Development should take responsibility for the NPA The party said it also wanted the Minister of Justice to be present at this meeting. 'The attendance of the Minister is essential, not only because section 179(6) of the Constitution requires that the Cabinet member responsible for the administration of justice exercise final responsibility over the NPA, but also because the potential political implications of the NDPP's statement need to be evaluated in the context of executive accountability. 'The Minister must brief the Committee on what measures are in place to safeguard the NPA from infiltration, how vetting is conducted for senior appointments, and whether any recent developments have prompted internal investigations or interdepartmental correspondence regarding institutional integrity.' The EFF said a weakened NPA isa poor reflection on the state. 'The NPA stands at the frontline of holding the corrupt accountable and ensuring justice for victims of serious crimes, including femicide, sexual violence, and complex financial crimes. 'If the prosecutorial arm is compromised, the entire justice system is compromised.' ALSO READ: A national embarrassment? 'Scorpions 2.0' bill pitched to save failing NPA Why is it so difficult to do this job? Meanwhile, Batohi had said she would meet with President Cyril Ramaphosa to express her concerns about the challenges the NPA faces. 'This is something that I am going to take up with the executive we need to understand exactly what is going on and why it is sometimes so difficult to do this job. 'Because you have all the challenges of the system, but you also have agendas externally and internally, this is a serious concern for me,' she said. NOW READ: NPA 'infiltrated by those against the rule of law' – Batohi says
IOL News
6 hours ago
- IOL News
Shamila Batohi faces pressure to clarify NPA interference claims
National Director of Public Prosecutions Shamila Batohi is under fire following a string of recent high-profile failures by the National Prosecuting Authority. Image: Ayanda Ndamane / Independent Newspapers Outgoing National Director of Public Prosecutions (NDPP) Shamila Batohi is facing mounting pressure to provide details of her claims that there is political interference in the work of the National Prosecuting Authority (NPA). In an interview this week, Batohi had said: 'The NPA has been infiltrated by people who do not have the rule of law at heart. 'We are having internal challenges; some prosecutors may not be aligned with the vision of really fighting for the rule of law in this country.' Calls for Batohi to be summoned to Parliament to provide explanations follow a difficult period for the NPA during which the authority has bungled a number of high-profile cases. The latest was the Free State High Court declaring the extradition of former Free State premier and ex-ANC secretary-general Ace Magashule's personal assistant, Moroadi Cholota, from the US unlawful as it did not have a valid and lawful request by the Justice Ministry. As a result of Judge Phillip Loubser's ruling, Cholota cannot face trial in the controversial R255 million tender to audit and replace asbestos roofs in the province alongside her former boss and several other individuals and companies. The NPA plans to appeal against the judgment. Another recent prominent case that intensified pressure on Batohi, who is reportedly due to retire when she turns 65 in January, was the acquittal of Nigerian televangelist Timothy Omotoso of multiple charges of rape, human trafficking, and racketeering in April. On Friday, the EFF wrote to National Assembly Speaker Thoko Didiza and Xola Nqola, chairperson of the Portfolio Committee on Justice and Constitutional Development, demanding an urgent parliamentary debate on Batohi's allegations of infiltration in the NPA. Additionally, the EFF wants the portfolio committee to schedule an urgent meeting and was not calling for punitive or reactionary action. 'This is not a casual institutional complaint. It is a constitutional red flag of the highest order. An assertion from the NDPP herself that the NPA has been infiltrated should send shockwaves throughout every organ of state,' the party said. The EFF warned that the assertions have direct consequences for the rule of law, the integrity of South Africa's criminal justice system, the fight against corruption and gender-based violence, and public trust in the country's democracy. The urgent meeting should be held on Tuesday, June 10, and also requested Justice and Constitutional Development Minister Mmamoloko Kubayi to be invited to attend, provide policy-level responses and inform the committee of the department's position and possible interventions on the matter, according to the EFF. It requested Didiza to exercise her authority under the National Assembly's rules to approve an urgent debate on 'the implications of the NDPP's public statement regarding infiltration of the NPA and the threat it poses to South Africa's justice system, rule of law, and constitutional democracy'. ActionSA parliamentary leader Athol Trollip said the party was alarmed and called on President Cyril Ramaphosa to remove Batohi immediately. He said the NPA has failed to prosecute Ramaphosa for not declaring foreign currency stolen at his Phala Phala farm in 2020, which was later stolen, fugitive self-proclaimed Malawian prophet Shepherd Bushiri, and secure the extradition of the fugitive Gupta brothers, among others. 'The NPA has become a refuge for politically connected individuals, a place where accountability is avoided, justice is delayed, and prosecutions collapse with shocking regularity. Under Batohi's leadership, the NPA reels from one scandal to the next,' added Trollip. ActionSA will write to Kubayi demanding urgent intervention and the commencement of a process to remove Batohi in terms of the NPA Act. [email protected]
