ARRESTS LOOMING IN HOME AFFAIRS INVESTIGATION

MBABANE – The net is closing in on civil servants who are implicated in the fraudulent activities at the Ministry of Home Affairs.
This is because the Anti-Corruption Commission (ACC), which has been conducting investigations, has reportedly completed its work. This publication has gathered that the ACC has completed its work and around 10 officers are set to face the music. Having concluded the investigation, it was gathered that ACC officers were already working on an application to obtain warrants of arrests for the implicated individuals. Sources revealed that if all goes according to plan, the arrests would be effected in the next coming days. Called for comment, ACC Acting Commissioner Maphevu Mkhatjwa said while the commission has completed its investigation, he could not say when the arrests would be effected. Mkhatjwa argued that it was not wise to reveal anything, as such would jeopardise whatever investigation they carried out. He then referred this reporter to ACC Spokesperson Jabu Phakathi who, however, told this reporter that she was not aware of any planned arrests.
Prohibits
Phakathi reminded this reporter that the entity operates within the ambit of the law which prohibits the disclosure of information or details of any person who is the subject of an enquiry or investigation. The ACC has a three-pronged legal mandate of prevention whereby it is supposed to examine practices and procedures and advice on ways of preventing corruption.
It also has an education role of empowering the public and private bodies and the general public on the forms and dangers of corruption.  Furthermore, the ACC has the function of investigation which is to receive and investigate complaints of alleged or suspected corrupt practices made against any person, and refer appropriate cases to the Office of the Director of Public Prosecutions (DPP).  
Refugee status
In 2022, the Ministry of Home Affairs instituted an internal probe into the sale of refugee status and passports to foreign nationals.  Police investigations reportedly found that there was a syndicate dealing in documentation status and refugee passports.  It was revealed that the syndicate charged between E30 000 and E50 000 for fresh and legal documents for any undocumented citizen, who wanted to be treated as an official refugee in the Kingdom of Eswatini.The internal investigations saw over 100 immigration officers being transferred last year.  At the time, the Immigration Office was faced with the challenge of disappearance and theft of security documents such as passports and travel documents.When the investigation was instituted, the ministry did state that heads were set to roll, as it was dedicated to getting rid of all elements of corruption.
Aiding a syndicate
In one of the cases, there were allegations that government officials were aiding a syndicate in Manzini that was dealing in refugee status documentation and passports. It was alleged that during the internal investigation, an official confessed to taking a bribe from a foreign national. She, however, could not renew the passport and it triggered the investigation and the ACC reportedly instituted an internal investigation in the ministry to ascertain if there were officers who were involved in granting the passports illegally. It has been reported that as the ACC continued with its investigation, it was discovered that in the system, the information on who had printed the passports had been deleted. Reliable sources have confided that the ACC then engaged the Royal Science and Technology Park (RSTP) based on the fact that it is the one that controls the systems of the making of passports and other documents.

The RSTP, it was gathered, has what is known as the administrative rights and there are officers who are able to find the documents since there are footprints that are in the system.
The RSTP system is able to determine that an officer presented the documents and this is made possible through the use of the IP address of the computer that was used. There were suspicions that there could be officers who wiped out some of the evidence and the RSTP has to come in to re-assemble the needed data. Worth noting is that for some time, the ACC has been deemed inefficient with members of the public and politicians labelling it toothless in that it received a government subvention but did not effect as many arrests as expected.
However, things have changed in recent months as there have been arrests witnessed. Last month, the ACC nabbed a UNESWA lecturer and a senior officer of the National Maize Corporation (NMC). The UNESWA lecturer, who is also a farmer, has been identified as Daniel Vusane Dlamini of Mkhulamini, while the officer is Mthobisi Sifiso Dlamini of Nyakeni and is employed as a Project Manager at NMC.The two are alleged to have colluded in a corrupt act involving a truck trailer belonging to government.
Prevention of corruption
The duo was arrested in accordance with the Prevention of Organised Crime Act (POCA), a legislation enacted to investigate and punish corrupt activities, establish the ACC and to provide for other matters incidental to the prevention of corruption. The POCA was put in place in 2018 and since its inception, the State has seized and subsequently forfeited a number of assets that are believed to have been acquired through criminal means or used as instrumentality for criminal activities. The two individuals are said to have been arrested for allegedly contravening Section 42 of the POCA, which details general offences of corruption. The veracity of the allegations is yet to be tested in court. According to the charge sheet, in 2015, the Government of Eswatini bought farming equipment which included tractors, tractor trailers and other farming implements for purposes of hiring them out to farmers in the country. The tractor trailers bought were 50 in number.


Home Affairs Publishes List of Blocked IDs for Public Input

The Department of Home Affairs has launched a significant initiative aimed at addressing the long-standing issue of blocked identity documents (IDs) in South Africa. The department has published a comprehensive list of blocked IDs in the government gazette, calling upon those affected to provide written reasons and representations within 30 days on why their IDs should not be cancelled.
This initiative forms part of the department’s broader strategy to combat identity fraud, which has plagued the system for decades. The public has been urged to send their submissions to Sylvia Phasha at Sylvia.Phasha@dha.gov.za, with the department committing to a fair and transparent process.
In addition to the gazette publication, the Department of Home Affairs has also embarked on an extensive social media campaign to ensure that the public is fully informed about the opportunity to make representations. This move is seen as a necessary step to rectify wrongful blocks and to identify and cancel IDs held by unauthorised individuals.
The issue of blocked IDs is not a new one. Some IDs were blocked as far back as 2005 due to a variety of reasons. These reasons include instances where the biometric system flagged the IDs as duplicates, where the documents were suspected to be held by illegal immigrants, or in cases where the ID holder had reportedly passed away. However, it has become apparent over the years that some IDs were wrongfully blocked, causing significant inconvenience to legitimate holders.
Minister of Home Affairs, Leon Schreiber, highlighted the importance of this initiative in ensuring justice and fairness in the administrative process. “I encourage members of the public to make use of this opportunity to ensure that we conduct a just and equitable process to unblock IDs that have been wrongfully blocked,” Schreiber stated.
The department’s decision to publish the list and invite public input is also in response to a court order issued earlier this year. The court had mandated the department to implement a fair administrative process to distinguish between wrongfully blocked IDs and those that pose genuine security risks.
The Home Affairs Department’s actions come at a time when identity fraud is a growing concern in South Africa. Fraudulent IDs have been linked to various criminal activities, including illegal voting, financial fraud, and the unlawful acquisition of government services. By inviting public input and rigorously verifying the status of blocked IDs, the department aims to significantly reduce the number of fraudulent documents in circulation.
The department’s proactive approach includes a sustained social media presence to raise awareness among affected individuals. This approach is expected to reach a broader audience, especially those who may not have access to the government gazette but are active on platforms such as X (formerly known as Twitter), Facebook, and other social media networks.
For those whose IDs have been wrongfully blocked, this initiative offers a chance to restore their rightful status. The department has assured that every submission will be carefully reviewed, with the aim of balancing security concerns with the rights of individuals to hold valid identification.
Furthermore, this initiative is not only about rectifying past errors but also about reinforcing the integrity of South Africa’s identity system. By cancelling IDs that are found to be fraudulent, the department is taking a firm stand against identity theft and fraud, which have had far-reaching implications for national security and the economy.
In closing, Minister Schreiber reiterated the department’s commitment to resolving these issues swiftly and effectively. “The gazetting of these decisive measures underscores our commitment to clamp down on fraud, and to move with urgency to resolve longstanding challenges while upholding the rule of law,” he said.


Home Affairs cracks down on illegal immigrants in Cape Town

Home Affairs Minister Leon Schreiber’s directive for officials to remove illegal immigrants from the streets is making headway in Cape Town. Pictured: Illegal Immigrants that were arrested during operation Vala Umgodi.
Cape Town - Home Affairs Minister Leon Schreiber’s directive for officials to remove illegal immigrants from the streets is making headway in Cape Town.
According to the City, over the past few weeks, the department conducted several operations with law enforcement and police to operationalise its mandate.
Mayco member for safety and security JP Smith said that last week Home Affairs officials, supported by members of the City’s law enforcement, followed up on information about undocumented persons living in District Six.
Following that operation, Smith said, Home Affairs teams conducted yet another tracing operation yesterday, descending on an area along the N1 between Paarden Eiland and Woodstock, where several informal structures had been erected, allegedly to house undocumented immigrants.
“Minister Schreiber and the City have made good progress working together. Last week, we did a large operation in District Six and (yesterday) morning we conducted yet another big operation,” said Smith.
“We worked the length of the N1 close to town where there are a lot of structures along the side of the road, most of which were occupied by foreign nationals.
“As a result of the operation, 34 people were arrested yesterday for not having the relevant documentation or up-to-date permits to be in the country, while 72 people were surveyed,” Smith said.
Of the 72 people surveyed, Smith said 40 were undocumented men and 32 were women who now faced deportation.
Schreiber has been vocal about focusing the department’s efforts on holding undocumented persons living in the country accountable.
Meanwhile, speaking at the portfolio committee on home affairs in Parliament, Schreiber stressed that he would be working tirelessly to revitalise the department and ensure that it becomes more digitally based to safeguard national security.


Police seize more than R4m in fake dollars and arrest 100 undocumented foreigners in Durban raid

Operation comes a day after mayor Cyril Xaba signed an agreement with public works minister Dean Macpherson to rejuvenate the inner city
Police seized counterfeit US dollars worth more than R4m and hundreds of rounds of ammunition, and arrested more than 100 undocumented foreigners, in a raid near Durban's inner city on Tuesday.
The multidisciplinary police operation also targeted hijacked buildings in the inner city.
KwaZulu-Natal premier Thami Ntuli, eThekwini mayor Cyril Xaba and provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi were present in John Miller Street where the detained suspects were being held.
The operation comes a day after Xaba signed an agreement with public works and infrastructure minister Dean Macpherson to rejuvenate the inner city.
Macpherson said the key is to work with all spheres of government to unlock the potential of state-owned property to ensure the city could again become a “beacon of hope” for residents.
They had agreed to establish a technical task team which would meet monthly to deal with problem buildings, ensure state-owned properties pay rates and assist in Durban's inner-city rejuvenation.
Last week Macpherson visited three problem buildings: Excelsior Court, the abandoned police barracks and the Durban magistrate's court as part of the rejuvenation.


Can I as a foreigner register my child birth in South Africa ?

The short answer

You might need legal assistance

The whole question

My partner was born in South Africa but moved to Portugal when he was a year old. He has a South African passport but not the national ID. I, on the other hand, am a foreigner. We currently reside in Cape Town. We are not married, and I am currently pregnant. Once our child is born, we would like to use my partner's surname and he will legally acknowledge the child. Will we be able to register our baby?

The long answer

If your partner has a valid South African passport, he should be able to apply for and get an ID card from the Department of Home Affairs.

But if he acquired the citizenship of another country, he would automatically lose his South African citizenship unless he applied for and got permission to keep his South African citizenship before acquiring the citizenship of the new country. A South African citizen can hold dual citizenship, but again only if he applied and got permission to keep his South African citizenship first.

In terms of registering the baby’s birth:

All children must be registered within 30 days of their birth under the Births and Deaths Registration Act of 1992. The parent or parents must complete Form B1-24 in black ink at their nearest Home Affairs office and submit it. The parent/s must bring their ID/s, and if they are married, a marriage certificate. If the parents are married, the child is given the father’s surname. If they are not married they can choose either the mother’s or father’s surname. The parents are then given an unabridged birth certificate which contains the child’s legal name, their date of birth and their place of birth and its parents’ names. This is then included in the National Population Register. You need an unabridged birth certificate to travel out of the country with the child.

As Home Affairs would often refuse to register the births of children when one parent was an immigrant, a case was brought to the Eastern Cape High Court in 2018 (Naki versus Director General Home Affairs). The court had to decide whether the Births and Deaths Registration Act (BDRA) allowed the father to register a child in the case of a mother being absent or not having legal permission to be in the country. It decided that the BDRA did not allow a father to register the birth of a child in those circumstances; it was therefore unconstitutional as all children born in South Africa have a right to have their births registered.

The court also found that Regulation 12 (1) of the Births and Deaths Registration Act (BDRA) which provided for an unmarried mother to register a child’s birth prevented an unmarried father from registering the birth of a child, which was also unconstitutional.

So it “read into” the regulations the words “or father” to ensure that either a mother or father could register the birth of their child if they were unmarried.

This court decision means that it’s easier now to register the birth of children where one parent is South African and the other parent is an immigrant, because Home Affairs may not refuse to register a child’s birth on the grounds of the legal status of its parents.   

Although the court order was in 2018, Home Affairs often takes a very long time to comply with court orders and you may find some Home Affairs officials still refusing to register births of children in the circumstances described above. If you run into that kind of trouble you may want to consult the following organisations for advice