Date of Meeting:
20 Sep 2011
Chairperson:
Ms M Maunye (ANC)
Audio recording of the meeting:
Summary:
The Committee received a briefing from the Department of Home Affairs on the progress of the Zimbabwean Documentation Project.
The Department highlighted that a special
Dispensation for Zimbabwean Nationals was introduced in April 2009 to
respond to the high inflow of Zimbabweans into South Africa. Amongst
some of the key points in the agreement to carry out the Project was the
promise that South Africa would issue permits to qualifying Zimbabwe
Nationals in terms of the Immigration Act on relaxed requirements. After
the Special Dispensation which ended in May 2010, the Documentation of
Zimbabweans Project commenced on 20 September 2010 and sought to
regularise undocumented Zimbabweans currently residing in South Africa.
It also sought to relieve pressure from the Asylum Seeker Management
system.
Within the Documentation of Zimbabweans Project,
three categories of permits were considered by the Department namely
Business, Work and Study Permits. Relaxed requirements and shortened
processes were implemented in December 2010 to document Zimbabweans with
a target date of 31 December 2010, for receiving applications. Those
relaxed requirements allowed for applications to be submitted without
all the relevant supporting documents and without the taking of
fingerprints. During December 2010, applications were also received from
the Zimbabwean Consulate, identified NGO’s and the farmers to ensure
achievement of the set target date.
The Department had received a total of 275 762
applications for permits under the Dispensation. The DHA had approved
and issued 134 369 permits and had pre-adjudicated and check listed 141
393 applications. In lieu of the SMS initiative, the Department had sent
out 131 658 text messages to applicants and 43 133 of those contacted
had responded with 7 163 applications matched to applications. 6 243
applicants under the Dispensation had applied for amnesty and 49 255 had
surrendered their asylum seeker status in applying for permits under
the Dispensation. There had been a total of 116 960 incomplete
applications received by the Department. There were still some
phasing-out initiatives which were in progress with the final closing
report to be presented to the Minister with a clear direction to be
pronounced by her.
Members asked when the Documentation Project would
be complete. They sought clarity on the role of the South African
Defence Forces in assisting with permitting. They asked when the amnesty
period for the Project expired. They asked how long business and work
permits issued under the Project were valid for. They asked whether the
Department had statistics on how many Zimbabweans had opted not to apply
for permits under the Project.
Members asked who had been responsible for the
issuance of fraudulent documents and what could be done to punish the
people responsible. They asked whether the Department traced illegal
immigrants in the country and had a record of how many illegal migrants
there were in the country. They commented that it was important to take
into account international conventions when drafting policy on migrants
and refugees; he noted the importance of the 1951 United Nations
Convention on Refugees to which South Africa was a signatory.
Minutes:
Department of Home Affairs Briefing on the Zimbabwean Dispensation
Mr Jack Monedi, Acting Chief Director for Permits: Department of
Home Affairs (DHA) briefed the Committee on progress made on the
Zimbabwean Dispensation.
The Department highlighted that a special
dispensation for Zimbabwean Nationals was introduced in April 2009 to
respond to the high inflow of Zimbabweans into South Africa. A bilateral
meeting of Ministers had been held on 17 June 2010 and the meeting had
agreed amongst others on the following:
•The moratorium on deportations and special dispensation should come to
an end following the positive socio-political development in Zimbabwe;
•That both countries should work jointly to regularise Zimbabwe nationals.
•A joint Project to document Zimbabwe Nationals;
•Zimbabwe will issue passports to all its nationals;
•South Africa would issue permits to qualifying Zimbabwe Nationals in terms of the Immigration Act on relaxed requirements
After the Special Dispensation which ended in May
2010, the Documentation of Zimbabweans Project (DZP) commenced on 20
September 2010 and sought to regularise undocumented Zimbabweans
currently residing in South Africa. It also sought to relieve pressure
from the Asylum Seeker Management system. When the Project commenced,
the Department did not have accurate and reliable data on the number of
undocumented Zimbabweans in South Africa which posed a serious
challenge for the country and for the migrants as well.
Within the Documentation of Zimbabweans Project, three categories of permits were considered by the Department namely:
•Business Permits
•Study Permits
•Work Permits
Relaxed requirements and shortened processes were
implemented in December 2010 to document Zimbabweans with a target date
of 31 December 2010, for receiving applications. Those relaxed
requirements allowed for applications to be submitted without all the
relevant supporting documents and without the taking of fingerprints.
During December 2010, applications were also received from the
Zimbabwean Consulate, identified NGO’s and the farmers to ensure
achievement of the set target date. The deadline of 31 December 2010 was
closed with a total number of 275 762 received applications. After 31
December 2010 all applications were dispatched to Head Office regardless
of unavailability of supporting documents.
Amongst some of the key issues to be taken forward
from the DZP programme the Department listed the re-instatement of the
teleconference which would improve compliance issues from Frontline
Offices. There would be continuation of the DHA Short Messaging System
(SMS) to give notice to Zimbabwean applicants to submit outstanding
supporting documentation and fingerprints to permitting with matching of
SMS response to the applications and verification/validation of
compliance in order to issue permits. A Zimbabwean stakeholder forum
meeting was scheduled for the 19 September to mobilise applicants to
respond to SMS and to submit outstanding documents and taking
fingerprints. Amnesty applications and intention to surrender asylum
would receive focused attention. Applicants who applied for Amnesty were
contacting the Department to ensure that the Amnesty confirmation forms
were completed. Clients whose pre-adjudicated forms have been matched
with submitted supporting documents would be issued with Permits.
The Department stated that all incomplete
applications dispatched to Head Office were sorted according to the
following criteria:
•Applicants who applied using other Zimbabwean identification such as
Identity Documents, Birth Certificates, Drivers Licenses or expired
Zimbabwean Passports;
•Applicants that applied with no supporting documents;
•Complete applications with only fingerprints outstanding.
The details of applicants awaiting Zimbabwean
Passports and applicants without documents have already been provided
electronically to the Zimbabwean Consulate. Discussion with Financial
Institutions had taken place in respect of applicants who applied for
amnesty. Engagement had also taken place with the Department of
Transport on the issue of verifications for Drivers Licenses. That
Department should also be provided with access to the online
verification database. Development and testing of the DHA Short
Messaging System (SMS) had been finalised and activated from 4 April
2011.
The Department had received a total of 275 762
applications for permits under the Dispensation. The DHA had approved
and issued 134 369 permits and had pre-adjudicated and check listed
141 393 applications. In lieu of the SMS initiative, the Department had
sent out 131 658 text messages to applicants and 43 133 of those
contacted had responded with 7 163 applications matched to applications.
6 243 applicants under the Dispensation had applied for amnesty and
49 255 had surrendered their asylum seeker status in applying for
permits under the Dispensation. There had been a total of 116 960
incomplete applications received by the Department.
There were still some phasing-out initiatives which
were in progress with the final closing report to be presented to the
Minister with a clear direction to be pronounced by her.
Discussion
Ms A Lovemore (DA) asked what role the South African Defence
Force (SANDF) was playing in assisting the DHA with the DZP and why they
were being used. She asked how long business and work permits issued
under the DZP were valid for. She asked whether the DHA had statistics
on how many Zimbabweans had opted not to apply for permits under the
DZP. She asked what sort of documents had been fraudulent as referred to
in the presentation. She asked what the timeframe for the ending of the
DZP was. She asked what happened to people who had given up their
asylum seeker status in applying for the Dispensation and then were
denied a permit under the DZP.
Mr Mkuseli Apleni, Director General: DHA replied that the DHA had
integrated SANDF personnel because it was important to promote
coordination in government and if the skills needed to do the job could
be procured within the government then they would be. The Department was
attempting to save money and to prevent backlogs by working with the
SANDF. Use of the SANDF also countered the threat of corruption as the
Department was less reliant on contract workers who had not undergone
vetting. The deadline for receiving applications for the DZP had been 31
December 2010 and the deadline for processing the remaining
applications was the end of September 2011. There were no statistics on
how many Zimbabweans had failed to apply for the Dispensation outside of
the statistics that were in the presentation. The documents which were
fraudulent as presented in the briefing varied from ID documents to
permits. People who had applied for permits under the Dispensation and
subsequently relinquished their claims to asylum status were informed
that permits were granted on a merit basis and they applied for those
with that understanding.
Mr Monedi replied that the business and work permits granted under the
DZP were valid for four years. He reiterated that the documents which
were fraudulent were widespread and varied as stated by the DG.
Adv A Gaum (ANC) asked when the DZP would be finished. He asked what the timeline for the amnesty period was in the DZP.
Mr Apleni responded that the deadline for receiving applications for the
DZP had been 31 December 2010 and the deadline for processing the
remaining applications was the end of September 2011. The amnesty period
had also ended at the end of December last year.
Mr M Mnqasela (DA) asked whether the Department traced illegal
immigrants in the country and had a record of how many illegal migrants
there were in the country. He raised the issue of two Zimbabwean
teachers who were working in a Khayelitsha school and were awaiting work
permits; he asked whether the Department had any further information on
the issue. He commented that it was important to take into account
international conventions when drafting policy on migrants and refugees;
he noted the importance of the 1951 United Nations Convention on
Refugees to which South Africa was a signatory.
Mr Apleni replied that the Department did not know how many illegal
immigrants were in the country and had no record of them. The Department
was working to improve the processes it had in order to be able to
monitor people coming into the country and the DZP was part of that
effort.
Ms S Rwexana (COPE) asked what the timeframe for
the DZP was. She asked who had been responsible for the issuance of
fraudulent documents and what could be done to punish the people
responsible.
Mr Apleni replied that the deadline for receiving
applications for the DZP had been the 31 December 2010 and the deadline
for processing the remaining applications was the end of September 2011.
Some officials within the Department had been responsible for the
issuance of fraudulent documents. Those who were caught were dealt with
within the ambit of the law.
The Chairperson sought clarity on the role of the
SANDF in the permitting process. She asked whether the Dispensation
applied to other immigrants in the country.
Mr Mkuseli Apleni, Director General: DHA replied
that the DHA had integrated SANDF personnel because it was important to
promote coordination in government and if the skills needed to do the
job could be procured within the government then they would be. The
Department was attempting to save money and to prevent backlogs by
working with the SANDF. Use of the SANDF also countered the threat of
corruption as the Department was less reliant on contract workers who
had not undergone vetting. The DZP had been solely aimed at Zimbabwean
immigrants but other such initiatives may be undertaken by the
Department in the near future.
Ms Lovemore asked what the permit stabilisation project noted in the
presentation was. She asked whether there were any rejected applications
for the Dispensation and why they were not noted in the presentation.
Mr Apleni responded that the permit stabilisation project was an attempt
by the Department to centralise permitting so as to control the
permitting system and manage it better. The rejected applications would
only be reflected after the Dispensation was complete at the end of
September and the official figures had been approved by the Minister.
The Department would brief the Committee on those figures once the
process was complete.
Mr Mnqasela reiterated that UN Conventions should be acknowledged in the
creation of policy on migration and the Department needed to comment on
the issue. He asked whether the DG thought the Dispensation had been a
success in the Department’s view.
Mr Apleni responded that the Department considered the Dispensation a
success. The main goal of the project was to provide rights to those
Zimbabweans who had been employed in the country but were not granted
protections due to their permit status. The people who had applied had
gotten a chance at receiving fair treatment and at regularising and
legitimising their stay in the country.
Mr Major Kobese, Head of Policy in the Office of the Director General:
DHA replied that teh Department was not opposed in principle to the 1951
UN Convention on refugees. The challenge for the Department was
ensuring that future policy on migration encompassed human rights and
provided protections for the country so that its laws were not abused.
Ms G Bothman (ANC) commented that the purpose of the meeting was to
discuss the Dispensation specifically and not to discuss UN Conventions.
Mr Mnqasela reiterated the importance of noting the UN Convention on Refugees.
Ms Lovemore commented that it was important that the Committee and the
Department not take on a negative stance towards immigrants as that was
detrimental to the work on migration.
Adv Gaum asked whether the Department had received cooperation from
Zimbabwean authorities through the Dispensation. He asked whether the
Department would have follow-up interviews with applicants under the
Dispensation.
Mr Apleni responded that the Department had
received cooperation from Zimbabwean authorities both at a Consular
level and Ministerial level. The Department would follow-up on people
who had applied for permits under the Dispensation and would ensure that
what had been stated on applications was true.
Ms N Mnisi (ANC) asked why there had been a low number of permits issued by the Department.
Mr Monedi replied that the low number of issued permits was due to
capacity issues and was one of the reasons the DHA had brought in the
services of the SANDF.
The Chairperson said that on a recent oversight visit the Committee had
been appalled by the situation at the Lesotho border with Maseru, she
asked the Department what it was doing to alleviate the situation.
Mr Apleni responded that it was important for the Committee to get
firsthand insight into what was happening at posts such as Maseru. The
Department was working to stringently enforce the border there and
ensure that people entering the country went through the proper channels
before doing so.
The meeting was adjourned.
http://www.pmg.org.za/report/20110920-department-home-affairs-zimbabwean-documentation-project
