Latest news with #ImmigrationAmendmentBill
Zawya
3 days ago
- General
- Zawya
Home Affairs Committee Makes Decisions on Interest of Justice Criterion and Other Matters Contained in Immigration Amendment Bill
The Portfolio Committee on Home Affairs yesterday made concrete decisions on various contentious issues within the Immigration Amendment Bill, including the acceptable location to codify the interest of justice criterion of the Bill. This brings the Bill closer to completion to bring it in line with Constitutional Court judgements. The committee has resolved that the interest of justice criterion that guides immigration officials in making detention decisions for undocumented immigrants will now be codified in the Bill's regulations. Despite various views on the matter, the decision was premised on the view that the department's standard operating procedure are inaccessible to the public and can be amended without stakeholder interaction. Also, the committee was of the view that codifying it in the regulations would enable oversight accountability by Parliament. Meanwhile, the committee has resolved that the Bill directly and adequately addresses the unconstitutional provisions identified by the Constitutional Court and, at this juncture, will be ideal to remedy those defects. As a result, the committee has decided that some of the recommendations identified by the stakeholders during the public participation process, including the protection of the rights of immigrant children, should be deferred to the ongoing process to review of the White Paper on Citizenship, Immigration and Refugee Protection. 'The committee reiterates its view that the White Paper is even more urgent now to ensure policy certainty on immigration issues, hence its call for the department to expedite its processing. To avoid a piecemeal approach to legislation development, the White Paper should provide a clear framework of the migration system in the country. As a result of the committee's decision, which consequently requires the amendment of Section 7 of the principal Act and is not in the Bill, the committee will write to the National Assembly in line with NA Rules 286 (4)(c) to seek permission to amend a section of the principal Act that is not in the Bill. The Parliamentary Legal Unit, together with the Office of the State Law Advisor, have been mandated to draft the A list of the Bill reflective of the committee's resolutions. The A list will be considered in the scheduled meeting on 10 June 2025. The committee remains committed to concluding the process and ensuring the closure of gaps identified by the Constitutional Court judgement. Distributed by APO Group on behalf of Republic of South Africa: The Parliament.
Eyewitness News
5 days ago
- Politics
- Eyewitness News
ActionSA proposes constitutional amendments to stem SA's immigration problems
CAPE TOWN - ActionSA is proposing a raft of amendments to the Constitution aimed at stemming the country's immigration problems. Among these are changes to the Bill of Rights on provisions related to housing, healthcare and education. The party's Athol Trollip says that for too long, the country's hospitality and limited resources have been exploited. The deadline for submissions to Parliament's constitutional review committee closed on Saturday, with it having already received more than 200 submissions by late last month. ALSO READ: Motsoaledi tables new Immigration Amendment Bill ActionSA says amendments to the Constitution should start with the preamble, which has been used to extend constitutional protections even to those residing in the country illegally. The party says this deliberate misreading has placed undue pressure on limited public resources. Parliamentary leader Athol Trollip says amendments should also be made to Chapter 2 of the Bill of Rights in respect of Sections 26 and 27, related to housing and healthcare, respectively. "This is an area of exploitation that has a massive impact on our economy, and our municipality's ability to deliver the services required by people living in this country." Trollip says more than 70% of patient files at Johannesburg clinics belong to foreign nationals, while there's also pressure on schools to find placements for learners, prompting a recommendation to also amend Section 29 on education. "To provide only citizens, legal immigrants, and legally recognised residents, rather than all people living in South Africa, because this is where the illegal immigration crisis impacts our country so dramatically." It will now be up to the parliamentary committee to hold oral hearings and to debate whether to propose amendments to the house, which will require a two-thirds majority to pass.
The Citizen
13-05-2025
- Politics
- The Citizen
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
