Motsoaledi comes under fire over ‘chaotic state’ of Home Affairs

Politcal parties raised concern of the problem of long queues where often people are turned away because the system is offline.

Minister Aaron Motsoaledi came under fire from some opposition parties in the National Assembly for what they say is the chaotic state of the Home Affairs department.

Political parties raised concern about the problem of long queues where often people are turned away because the system is offline.

During the department’s budget vote debate, parties also questioned why the department has still not introduced an online appointment system.

Inkatha Freedom Party (IFP) Liezl van der Merwe says, “Imagine waking up at 4 am using your last bit of money on transport to go to your local Home Affairs office hoping that today you’ll be able to get an identity document (ID) because that’s what stands between you and a job. It is what stands between you and providing for your family. What stands between you and a brighter future. Then consider the mother who travels to a Home Affairs office in search of a birth certificate that document stands between her and a Sassa grant without which she cannot feed her newborn baby but for many visiting a Home Affairs office in taking a day off work to queue for hours on End only to be told to come back tomorrow because the systems are offline again systems that are perpetually offline have become synonymous with this department.”

Democratic Alliance (DA) Angel Khanyile says, “The issue of long shoes in different parts of the country and by various members of the portfolio committee had been raised on numerous occasions yet the situation remains the same of this country spent days and weeks without being attended to Andrews days off work because the department has not introduced the appointment system.”

Economic Freedom Fighters (EFF) Mgcini Tshwaku illustrates this point by quoting KwaZulu Natal Premier Sihle Zikalala following a recent visit to a Home Affairs Office.

Zikalala said, “There are people who are arriving at Home Affairs at 4:00 in the morning and the home Affairs open at 10:00 where it opens at 8:00 and then people start working at 10:00 and up until 12 and then after that, you find that they’ll system are offline they’ll go to lunch and you will not know what is actually happening. What is happening right now is a crisis everywhere…”

“People are crying about the system being online not being helped up on time by the Home Affairs. So in that budget, we did not see a plan or money allocated to saying that is what we’re going to make sure that none of which I need the money so that you are ensuring that these queues and also the systems which are offline at the Home Affairs are going to be eradicated,” Tshwaku explains.

Motsoaledi acknowledged the problem and assured members that they are tackling it.

“When you listen to members of the opposition parties talking about the documentation you’d think everything in Home Affairs has. I mean all the offices are closed and there’s no work. The challenge about down time which we experience from SITA. We have mentioned it in the portfolio committee. We have got a plan and a program to deal with that. It also disappoints us I must say and I’m not going to hide it,” Motsoaledi says.

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Government wants easier travel to and from South Africa – what you should know

Home affairs minister Dr Aaron Motsoaeldi says that his department is currently working on a number of initiatives that will make travel to and from South Africa – including the introduction of new e-gates and e-visas.

Presenting his departmental budget speech on Wednesday (19 May), the minister said that 10 e-gates are currently installed at Cape Town International Airport with testing taking place on South African travellers entering and departing the country.

He said that his department is now working in collaboration with the department of transport and the Airports Company of South Africa (Acsa) to implement immigration e-gates at the country’s other major international airports. 

This will be done alongside the pilot roll-out of the Biometric Movement Control System (BMCS) at OR Tambo International which will allow for the collecting of important biometric data from travellers.

The e-gates project is aimed at improving passenger processing times and experience while maintaining the security and integrity of the borders.

The system allows South African passport holders travelling internationally will proceed to e-gates for self-service immigration clearance where the following would be performed:

  • Biometric verification;
  • Passport authenticity and validity checks;
  • Checks against the BMCS risk engine; and
  • The BMCS will record the movements of persons on the system after all system checks have been successfully performed.

E-visas

Motsoaeldi said that his department would also expand its e-visa system after a successful pilot with a handful of countries.

Initially introduced with Kenya, the programme has since expanded to China, India and Nigeria. Motsloeadi explained that these three countries were chosen as they account for more a third of the world’s population. 

The minister said that e-visas will now be extended to 10 additional countries, including:

  • Cameroon
  • Democratic Republic of Congo
  • Egypt
  • Ethiopia,
  • Mexic
  • Uganda
  • Saudi Arabia
  • Iran,
  • Philippines
  • Pakistan

The rollout of more e-visas is expected be beneficial for both tourists and for the local economy as the system significantly reduces the amount of administrative time and requirements required for visitors to enter into South Africa.

The entire e-visa application process takes place online and takes around 20 minutes, provided the applicant has all of the necessary supporting documents ready for submission.

Should one of the required documents be missing, applicants can resume the process exactly where they left off at a later date.

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Short of critical skills, SA wants to allow even fewer categories in Updating of the critical skills list is going the wrong way with limits akin to those of a medieval guild

President Cyril Ramaphosa has said we will not achieve higher rates of growth and employment if we do not implement economic reforms. On his priority reform programme is “the revised critical skills list”. ‘’

Borrowing the wording of the immigration white paper of 2017, Operation Vulindlela says SA’s approach to critical skills and general work visas “should be designed to attract the skills that are needed for the economy to grow and to compete for these skills in a globally competitive market”. This approach has borne first fruit in the revised draft critical skills list that was finally released in February 2021 (originally due in 2018). 

This list, published for comment before finalisation, allows foreigners in possession of the relevant qualifications to apply for a critical skills visa allowing them entry to SA without already having a job — a sensible element of any migration regime. However, the list is based on the conviction that it is possible to perfect a “scientific” approach to define the set of skills that are in critically short supply in SA. This is the wrong approach, for three reasons.

First, the list has been compiled to be as restrictive as possible. The lengthy technical report accompanying the list states that the intention of the consultation process is to reduce the list of critical skills from 126 in the draft (lower than the 170 occupations in the previous 2014 list) to some smaller number. This, it says, without offering any justification, is “absolutely necessary”.

Thus, the new critical skills list continues in the policy tradition that has dominated the management of skilled immigration for two decades: short-sighted tinkering with definitions, categories, quotas and models of skills needs to find a “scientific” justification for reducing skilled immigration to an absolute minimum.

Second, the approach taken seeks to limit immigration to people who have skills that are in “acute” short supply and which cannot rapidly be generated locally.  This presupposes that the country has the ability to produce other skills that are in short supply but are not yet “acutely” absent. This is a strange assumption given the widely shared concern about SA’s skills-production capacity, rendered even more peculiar by the difficulties much-needed teachers and lecturers experience in moving to SA.

Making the best use of SA’s education and training system to maximise opportunities for our own people is, of course, a national priority. In this respect the critical skills list should be read along with another list inspired by the gap between demand and supply of skills in the economy.

The second list is of occupations in high demand (OIHD), published by the department of higher education & training in November 2020 and compiled by the same consultants using broadly the same methodology as the critical skills list. The purpose of the OIHD list is to guide the policies of the postsecondary education and training system to increase the pipeline of home-grown skills. The OIHD list duly identifies 345 occupations in high demand, one of the criteria being that they are “currently in shortage”. 

It is not true to say that it is 345 occupations, however, because one of them is “university lecturer” and an appendix sets out a third list of more than 600 academic fields in which universities report difficulty in filling posts — scores under the heading “Agricultural, Environmental, and Natural Sciences”; more than 100 in “Engineering and the Built Environment”; and even more in “Medicine and Health Science”.  It may be more accurate, therefore, to say the list contains something like 1,000 occupations.

The inclusion of the 600 categories of lecturer that SA’s universities struggle to recruit completely undermines the department’s confidence in the education system’s capacity to provide candidates for the other 345 occupations “currently in shortage” that are excluded from the critical skills list.

A final reason to worry about the “critical skills list” approach to migration reform is that it seems to be disconnected from the fact that the inflow of skilled migrants appears to have slowed to a trickle. Reliable information on such trends is hard to find. Stats SA has published numbers of work and business permits granted for the period from 2011 to 2014, but the only numbers for subsequent years can be found in department of home affairs annual reports.

There are problems with the comparability of these metrics, however, because Stats SA counted permits granted while the department counts the number of applications made. Data is also missing. Bearing these limitations in mind, it nonetheless appears that from 2015/2016 to 2019/2020 only 43,166 applications were made, less than half the 102,982 permits/visas that were actually granted in the shorter period of 2011 to 2014.

The decline appears to have set in around 2015, after which the number of applications recorded in annual reports fell to about 8,000 per year and reached a low of just under 7,000 in 2019/2020. This decline appears to be attributable mainly to a collapse in applications for business and general work visas, which totalled fewer than 1,500 in 2019/2020. Applications for critical skills visas rose from 4,400 in 2015/2016 to between 6,000 and 7,000 between 2016 and 2019, before dropping again to 5,400 in 2019/2020.

Where are we, then, on the vital issue of foreign skills? Nearly four years after the home affairs white paper on immigration policy acknowledged that “the economy is desperately short of skills” and that the government has not “put in place adequate policy, strategies, institutions and capacity for attracting, recruiting and retaining international migrants with the necessary skills and resources”, the government has released a much reduced critical skills list. This list will be used to limit skilled immigration into SA to the absolute minimum — despite business’s constant pleading for a much more open attitude. 

This is entirely the wrong approach. It is hard to understand why a country with a serious skills shortage wastes money and time trying to work out what specific skills to let in. Modern, dynamic economies do not work the way the compilers of the skills lists assume. A 21st century economy is incompatible with an approach to the labour market that is akin to the practices of medieval guilds, which specified who could and could not do what kind of work. Many people’s formal qualifications bear little or no relation to where they end up working.

The irony is that we are devoting all this attention to minimising skilled migration at a time when we cannot control our borders. SA should have a far more open approach to skilled migrants of all kinds: those who are needed by existing companies, those who might start their own businesses, large and small, and those who might train and educate South Africans. All are needed to create jobs. None of these skills will go to waste.

Most importantly, we should go out and market the country as a destination for skilled, energetic and ambitious people. That is what should be on the president’s priority action list, not yet another even shorter critical skills list.

www.samigration.com


Senior Home Affairs official in hot water for granting Bushiri’s permanent residency application

Johannesburg - A top Department of Home Affairs official is under fire for approving controversial Malawian fugitive and self-proclaimed Prophet Shepherd Bushiri and his family's applications for permanent residency.

Ronney Marhule, the department’s chief director for permits, has been charged internally for approving the Bushiris' permanent residency applications without proper compliance with standard operating procedures.

Marhule is accused of being party to the recommending and approval of Bushiri and his immediate family’s applications for permanent residency.

An internal home affairs investigation found that since March 2016, when Bushiri’s application for permanent residence was received, its approval has been done without proper compliance with the Department of Home Affairs’ standard operating procedures and in contravention of the Immigration Act.

The department’s evidence shows that the Bushiris’ applications were captured and granted by its officials using the incorrect section of the Act as a result of Bushiri and his wife Mary’s commissions or omissions.

According to papers filed at the Labour Court in Johannesburg, where Marhule was challenging the disciplinary hearing initiated against him, he and three other officials were enablers and facilitators who made it possible for Bushiri to obtain a permanent residence permit.

The department believes this allowed Bushiri and his family to be able to remain in South Africa and commit criminal acts which include fraud, forgery and money laundering charges they are facing and later skipping the country while out on bail.

Marhule hauled Home Affairs Minister Dr Aaron Motsoaledi and director-general Livhuwani Makhode to the Labour Court to urgently challenge the fact that the department had a legal representative in the disciplinary hearing while he did not.

His basis for approaching the court urgently was that he has demonstrated exceptional and compelling circumstances for its intervention in his incomplete disciplinary proceedings.

Marhule argued that because the department was allowed to be legally represented at the internal hearing he will suffer prejudice due to the fact that he does not have the financial means to secure his own legal representation.

Labour Court Judge Edwin Tlhotlhalemaje on Monday found that Marhule should have approached the court for urgent relief on or immediately after April 14, when he received the department’s application for legal representation in order to prevent the disciplinary hearing chairperson Chris Mudau from even considering the matter.

Marhule only approached the court on May 17, two weeks after Mudau made his ruling and that he became aware that the department was legally represented or intended to be legally represented on March 23.

He said Mudau had no powers to even consider the department’s application to be legally represented and that by doing so he acted ultra vires (beyond the powers).

”The applicant (Marhule) has not made out a case for the relief that he seeks. Other than the requirements of urgency not having been met, or the fact that it would not be competent for this court to grant the relief that the applicant seeks in the light of the ruling of the chairperson, the exceptional circumstances pleaded, in this case, are not of such a nature it can be said that the failure to intervene at this stage would lead to a grave injustice,” ruled Judge Tlhotlhalemaje on Monday.

In dismissing Marhule’s bid, the judge explained that alternative remedies remain available to him should he at some point deem it necessary to utilise the dispute resolution mechanisms provided for in the Labour Relations Act.

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Sending these WhatsApp messages in South Africa can now land you with a fine and jailtime

President Cyril Ramaphosa has signed the Cybercrimes Bill into law, bringing South Africa’s cybersecurity laws in line with the rest of the world.

The bill, which is now an act of parliament, creates offences for and criminalises, amongst others, the disclosure of data messages which are harmful, says Ahmore Burger-Smidt, director and head of Data Privacy Practice at Werksmans Attorneys.

Examples of such data messages include:

  • Those which incite violence or damage to property;
  • Those which threaten persons with violence or damage to property;
  • Those which contain an intimate image sent without the subject’s consent.

Other offences include cyber fraud, forgery, extortion and theft of incorporeal property, said Burger-Smidt.

“The unlawful and intentional access of a computer system or computer data storage medium is also considered an offence along with the unlawful interception of, or interference with data.”

“This creates a broad ambit for the application of the Cybercrimes Act which defines ‘data’ as electronic representations of information in any form.”

A person who is convicted of an offence under the Cybercrimes Act is liable to a fine or to imprisonment for a period of up to fifteen years or to both a fine and such imprisonment as may be ordered in terms of the offence.

Impact on businesses 

Burger-Smidt said that the Cybercrimes Act will be of particular importance to electronic communications service providers and financial institutes as it imposes obligations upon them to assist in the investigation of cybercrime.

This includes furnishing a court with certain particulars which may involve the handing over of data or even hardware on application.

“There is also a reporting duty on electronic communications service providers and financial institutions to report, without undue delay and where feasible, cyber offences within 72 hours of becoming aware of them.

“A failure to do so may lead to the imposition of a fine not exceeding R50,000,” she said.

Burger-Smidt said that the act will also have an impact on businesses, especially considering its overlap with the Protection of Personal Information Act (Popia), amongst other regulatory codes and pieces of legislation.

Popia, which deals with personal information, aims to give effect to the right to privacy by protecting persons against the unlawful processing of personal information.

“One of the conditions for lawful processing in terms of Popia is security safeguards which prescribes that the integrity and confidentiality of personal information must be secured by a person in control of that information,” she said.

“This is prescribed by Popia in order to prevent loss, damage or unauthorised access to or destruction of personal information.”

Burger-Smidt said that Popia also creates a reporting duty on persons responsible for processing personal information whereby they must report any data breach to the Information Regulator within a reasonable period of time.

“In light of the above, companies should be cognisant of their practices especially in dealing with data or information,” she said.

www.samigration.com