EFF calls for treason charges against corrupt Home Affairs officials
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
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