10 SEPTEMBER 1997
Ladies and Gentlemen of the media,
It is with pleasure that I can report to you on the activities of the Department Home Affairs thus far this year, as well as some of the highlights for the remainder of 1997.
In view of the limited time available I will once again restrict my,presentation to a few salient issues, thus allowing more time to respond to your questions.
Last week was declared Masakhane Focus Week, during which the spirit of Masakhane was intensified.
Loosely translated, Masakhane means let us build each other. Much as Masakhane is about building houses, building roads, educating the community to take the responsibility of paying for services, it is also about, and probably more importantly public servants serving the public with pride and commitment. And the Department of Home Affairs, as a service-rendering department that deals directly with the public on a daily basis, has a real challenge to render its services efficiently and satisfactorily.
In line with a Cabinet decision to improve service delivery, the Transformation Unit of my Department is developing a Service Delivery Improvement Plan in consultation with the Department of Public Service and Administration.
The plan is intended to provide a basis for discussion and agreement on improved service standards to be implemented on1 January 1998.Its purpose is to inform and encourage staff to focus on improved service delivery, provide a monitoring document for the Department of Public Service and Administration and to provide the basis for the final statement of Public Service Commitment to be announced by me in December 1997.
The plan seeks to set new and improved standards for the Department based on an assessment of what the current level of standards are. This assessment of the current situation has been valuable in revealing the inadequacies existing in the present structures and has enabled the Department to devise improved procedures for the future.
The plan was compiled and developed from inputs gathered through a process of consultation by means of a questionnaire distributed to staff both at national and regional level. The plan addresses issues such as identifying who our customers are, the current and future levels of service delivery and the arrangements required to be in place to enable the Department to effectively deliver an improved standard of service.
I wish to assure you that this Service Delivery Improvement Plan is not going to remain a paper exercise but is a declaration of the Department's genuine intent to practically improve its services to the benefit of the communities that it serves.
You will recall that my Department has, in consultation with other government departments concerned, investigated the introduction of the Home Affairs National Identification System (HANIS), which includes an Automated Fingerprint Identification System (AFIS).
HANIS will consist of an automated finger print identification system (AFIS), an interface with the existing electronic Population Register and a facility to produce identity cards. The Department went out on tender on6 December 1996 and is now, in collaboration with the State Tender Board, preparing for evaluating the tenders received. It is envisaged that the tender will be awarded early in 1998 with the contractor implementing the system early in 1999.
The Department will be assisted in the evaluation process by expertise from other Government Departments, the Office of the State Attorney, and a representative from the British Home Office, where much progress with the implementation of an automated fingerprint system has been made. The Auditor-General has been invited to observe the evaluation process. As a result of the transformation in our country, South Africa has become a sought-after destination" for foreigners, resulting in increased pressures on the Migration Branch of my Department.
Earlier this year I appointed a task group under the chairmanship of Dr Wilmot James of IDASA to draft a Green Paper on International Migration. The task group submitted the draft to me on 13 May 1997 and it was duly published in the Government Gazette on 30 May 1997 for public comment. A number of organisations and government departments have submitted comment, some in great detail. Most of the comment received has been positive and constructive, although often critical. I am now in the process of appointing another task group that will evaluate the Green Paper and the comments received and produce a draft White Paper. On completion, a White Paper will be submitted to Parliament and, after Parliamentary acceptance, it will form the basis of the official policy on migration. A separate White Paper on refugees will be developed in the same way. I am of the opinion that the White Paper on International Migration will be finalised in the first quarter of 1998.
Related to this issue is the matter of the movement of persons within the Southern African Development Community (SADC).
In accordance with the SADC Treaty, the SADC secretariat drafted a protocol in the above regard. The main thrust of the draft protocol was to provide for the free movement of persons within the SADC region. This concept was opposed by many of the Member States, including South Africa. It was felt that the region is not at this stage of its development ready for the removal of all migration controls. During a meeting of Ministers from the Member States, held in Lusaka from 13 to 15 August 1997, it was decided that the main thrust of the protocol would be revised to provide for the facilitation of the movement of persons. The thrust of the revision is that persons who wish to cross international borders within the SADC region should be facilitated as far as possible, within the framework of the relevant countries' laws. Most of the recommendations in the revised protocol are already in force in South Africa and once it has been signed and ratified the remaining recommendations will be implemented.
A further matter in this regard is the granting of exemptions to various categories of people who are illegally in the RSA.
In terms of section 28(2) of the Aliens Control Act, 1991, the Minister of Home Affairs has the authority to exempt any person or category of persons from the provision of section 23 of the Act, thus legalising their sojourn in this country.
As a result of discussions between the President, the National Union of Mineworkers (NUM) and myself, exemptions were granted to 50 692 migrant workers, up to 31 July 1997. As a result of the exemptions extended to SADC nationals who complied with certain requirements,124 073 persons were granted exemption from the provisions of section 23 of the Aliens Control Act, 1991.
The refugee status of Mozambicans living in South Africa as a result of the political instability in that country at that time, were uplifted with effect from 31 December 1996. It is estimated that about 90 000 of these refugees are still in the country and my Department is in the process of obtaining the Cabinet's approval for the granting of exemptions to these persons in order to legalise their sojourn in the RSA.
As far as my Department's legislative programme for the remainder of 1997 is concerned, I wish to report as follows:
(1) South African Passports and Travel Documents Amendment Bill, 1997 In terms of section 1(2)(d) of the Guardianship Act,1993, both parents of a minor must give their consent when one of the parents applies for the specification of that minor in his or her passport.
Although the practice of passport is no longer passports are now issued must give their consent applies for a passport is of Home Affairs. Where a particular parent on unreasonable grounds, specifying a minor in one of its parent's followed due to the fact that separate for minors, the principle that both parents when a person under the age of 21 years still strictly adhered to by the Department of Home Affairs.
Where a particular parent cannot be located or withholds such consent the other parent is obliged to approach a High Court to authorise the issuing of a passport to such a minor, with considerable legal costs to the applicant.
The object of this Bill is to amend the South African Passports and Travel Documents Act,1994, in order to provide that persons who have attained the age of 18 years can apply for a passport or travel document in the same way as an adult, despite the fact that they have not yet attained the age of majority. The Bill also provides for a consequential amendment of the Guardianship Actr 1993.
The Bill was debated in the National Assembly on 2 September 1997.
(2) Marriage Act Extension Bill, 1997
In terms of Schedule 6 of the Constitution,1996, the Marriage Act, 1961,at present only applies in the former Republic of South Africa as it existed immediately prior to 27 April 1994.
Persons in the former TBVC states who wish to marry in terms of the provisions of that Act, consequently have to travel, often at great expense and inconvenience, to offices in the former Republic to have their marriages solemnised there.
Since 27 April 1994 a number of marriage officers in the former TBVC states and marriages have been have been appointed solemnised in those areas in terms of the Marriage Act; 1961 .Those appointments and marriages are technically invalid, because the said Act does not apply in the areas where the marriages have been solemnised.
The objects of this Bill is to extend the operation of the Marriage Act, 1961,to the whole of the Republic of South Africa, and with retrospective operation. The retrospectivity will have the result of validating the said marriages.
This Bill was also debated in the National Assembly on 2 September 1997.
(3) Births and Deaths Registration Amendment Bill, 1997
The above-mentioned Bill contains proposals for the amendment of the Births and Deaths Registration Act, 1992 (Act No. 5 of 1992), which can be explained as follows:
Clauses 1 and 4
The Director-General:Home Affairs currently has only limited powers to rectify entries in documents, records and registers pertaining to births and deaths. In terms of a legal opinion the Department may not rectify particulars after registration -only the High Court may decide on such matters. This avenue is, however, beyond the means of the poorer clients of the Department. An amendment to effectively regulate rectifications is proposed in Clause 1 (a) of the Bill.
The Identification Act, 1986 (Act No. 72 of 1986), provides for the handing over of documents that reflect incorrect particulars. In order to curtail the incidence of false birth and death certificates more effectively it is proposed in Clause 1 (b) of the Bill to also include such a provision in the Births and Deaths Registration Act, 1992.In Clause 4 it is proposed that failure to hand over such documents be made an offence.
Clause 2
Clause 2 of the Bill proposes to substitute the undesirable reference to "illegitimate" minors in section 25 of the Births and Deaths Registration Act,1992, with the more acceptable expression "born out of wedlock", which is also used elsewhere in this Act by way of an amendment introduced during 1995.
Clause 3
The requirement of "good and sufficient reason" provided for in section 26 of the Births and Deaths Registration Act, 1992, in order to assume another surname, creates certain practical problems as there is uncertainty as to an individual's constitutional right to choose a surname of his or her choice, and how the limitation of rights in section 36 of the Constitution affects such choice. The question arises whether the demanding of a good and sufficient reason is not in conflict with these rights and whether changes should not be granted on request as long as the surname is not offensive or assumed for one or other obvious fraudulent reason. The overriding opinion is that the adoption of another surname should fall within an individual's exclusive right, but that the exercising of the right should be strictly regulated on the basis as currently provided for in section 26 of the Act. A suitable amendment of section 26 is proposed in Clause 3 of the Bill.
(4) Identification Bill, 1997
The Identification Act, 1986, inter alia, regulates the compilation and maintenance of the Population Register, as well as the issuing of identity documents. The Home Affairs National Identification System (HANIS) project, which was approved by Cabinet during 1996, and given the "go-ahead" by the Portfolio Committee on Home Affairs, inter alia, involves the substitution of the present identity document by an identity card.
In view of the implementation of the aforementioned project it was necessary to completely overhaul the Identification Act, 1986, and to introduce to Parliament a measure
(a)that will comply with the much needed HANIS system; and (b) that provides for a' new identity card as well as the gradual phasing out of the present identity document.
Apart from the objectives mentioned in the preceding paragraph, the Bill, inter alia, also proposes measures with the view to
(a) protecting the integrity of the Population Register; (b) empowering the Minister to allow restricted access to the Population Register by insurance companies, banking institutions, and other organisations, bodies, societies or institutions and at the same time ensuring that the privacy of individuals whose particulars are included in the Population Register is being protected; (c) providing for a more effective method of proving one's identity to peace and other authorised officers. Failing to produce an identity card or document on demand will, however, not be an offence; and (d) doing away with outdated measures contained in the Identification Act, 1986.
(5) South African Citizenship Amendment Bill, 1997
The South African Citizenship Act, 1995 (a) does not grant as of right South African citizenship to persons who were citizens of the former TBVC states by registration; (b) does not empower the Minister of Home Affairs clearly and specifically to exempt South African citizens from the deprivation of citizenship when making use of the passport facilities of another country; (c) does not adequately provide for the resumption of South African citizenship by persons who have lost their citizenship by virtue of the provisions of laws repealed by the said Act; and (d) does not clearly and specifically provide that a citizen of the former TBVC states is a South African citizen.
The objects of the Bill are to rectify the said deficiencies.
These three Bills are presently being considered by the Portfolio Committee on Home Affairs and will probably be finalised during the present Parliamentary session.
Ladies and gentlemen, one Earl Warren once said about newspapers: "I always turn to the sports page first. The sports page records people's accomplishments; the front page has nothing but man's failures." I trust that with this short overview of the activities and accomplishments of the Department of Home Affairs, we can disprove Warren's opinion.
Thank you