The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Portfolio Committee on Home Affairs has resolved to obtain a legal opinion on concerns about a potential conflict of interest involving a member of the Immigration Advisory Board who is currently litigating against the Department of Home Affairs (DHA).
 
Over the past month, the committee has received unsolicited public submissions raising concerns about the perceived conflict of interest. The committee emphasised that these concerns should not be disregarded or considered purely on the basis of legal technicalities.
 
“While we note the submissions made by the Minister and the Board Chairperson, it is critical that any perceived conflict of interest requires substantive consideration, including solid legal advice, before the committee decides on the best possible way forward,” said Mr Mosa Chabane, Chairperson of the Portfolio Committee on Home Affairs.
 
The committee stressed that it is important for any perceived conflict of interest to be appropriately addressed. It said the legal opinion and interactions with individuals who have made submissions will assist it in making an informed decision on the matter and could potentially inform the need for legislative amendments to prevent similar perceived conflicts of interest in future.
 
Committee Welcomes Government Collaboration on Repatriation and Deportation

The committee also received a comprehensive report on repatriation and deportation processes following heightened anti-immigration sentiment.
 
The committee welcomed the collaborative efforts by government departments to facilitate the repatriation and deportation processes, emphasising that this approach should serve as a model for future interdepartmental government work.
 
However, the committee raised concerns about the high costs associated with repatriation and deportation. It called on the Department of Home Affairs, in collaboration with the Department of International Relations and Cooperation, to expedite engagements with countries concerned to secure reimbursement for costs incurred.
 
In particular, the committee noted that the DHA has incurred R203.50 million in expenditure on buses and stressed that these costs should be reimbursed to mitigate the risk to the department’s budget.
 
“The department, like all other departments, is facing financial difficulty and while the expenditure was necessary under the circumstances, if the funds are not reimbursed it will have a direct impact on the baseline of the department and will affect planned programmes. Also, this accentuates the need for interaction on how countries with high immigrant numbers carry the weight of deportation of their citizens,” Mr Chabane said.
 
In line with this, the committee will request a detailed breakdown of all costs incurred during the repatriation and deportation process, including an indication of where the resources were diverted from and the impact this expenditure has had on the department’s planned programmes and budget.
 
Dedicated Immigration Courts Welcomed

The committee welcomed the establishment of dedicated courts to deal with immigration-related matters. It was informed that a dedicated immigration court has been established at OR Tambo International Airport, while the Lindela Court has been expanded from one to two courts.
 
The committee has consistently highlighted the importance of dedicated immigration courts in ensuring that immigration-related matters are processed efficiently and without unnecessary delays. The establishment of these courts is also aligned with proposals to move refugee processing centres closer to ports of entry to facilitate faster processing of refugee and asylum applications.
 
The committee urged the DHA, in collaboration with the Department of Justice, to ensure that the dedicated courts operate on a full-time basis and have the capacity to process immigration matters expeditiously.
 
The committee further called on the DHA to table detailed plans on the proposed relocation of refugee processing centres to ports of entry, including clear timelines and implementation measures aimed at expediting the processing of refugee and asylum applications.
 
BMA Must Have a Clear Plan to Prevent Re-entry

The committee also called on the Border Management Authority (BMA) and the DHA to develop a clear and effective plan to prevent individuals who have been repatriated or deported from unlawfully returning to South Africa.
 
The committee reiterated its concerns about the continued underfunding of the BMA and the impact this has on the authority’s ability to fulfil its mandate. It called on National Treasury to reconsider the funding model for the BMA to ensure that the authority is adequately resourced and able to operate optimally.
 
“It remains unacceptable that the authority continues to struggle to function optimally and can’t fund basic operational things like uniforms and information technology equipment to enable the BMA to deliver on its mandate,” Mr Chabane emphasised.
 
Committee Defers Consideration of Electoral Commission Amendment Bill

Meanwhile, the committee considered the Electoral Commission Amendment Bill, a Private Member’s Bill introduced by the Deputy Speaker of the National Assembly, Dr Annelie Lotriet.
 
The committee discussed the processing of the private members Bill and, given the views expressed by committee members, it resolved to defer the adoption of the Motion of Desirability to a later date, still to be scheduled.  

Issued by the Parliamentary Communication Services on behalf of the chairperson of the Portfolio Committee on Home Affairs, Mosa Chabane