Pretoria - After 16 years of being “married” to a man she has never met, and then struggling to rectify the situation, the Gauteng High Court, Pretoria, has ordered Home Affairs to amend its records to state that the woman was in fact not married.

Judge Jody Kollapen issued the urgent order after another judge earlier ordered that a copy of the application had to be attached to the notice board of the court and it had to be published in a national newspaper.

This was to afford the man stated on the “marital certificate” the opportunity to object or give his side of the story to the court before a final order was issued declaring that no such marriage ever existed.

The so-called husband’s name was stated as Chao Chen on the marriage certificate. The applicant, whose name was withheld on request of the Wits Law Clinic, which was assisting her, said she had no idea who was.

Efforts to locate him were also futile. The woman has struggled for four years, since by chance discovered that she was married, with Home Affairs to rectify the situation. She eventually turned to court in desperation, but the law had to take its course and she could not immediately obtain an order nullifying the situation.

She, however, said she was desperate to have the record set straight and to resume her “unmarried” status yet again, as her “marriage” had hampered several aspects of her life.

She is HIV-positive, suffers from tuberculosis and is bipolar, and is extremely ill. In fact, she stated in court papers she had no idea how long she had to live, especially in the wake of the Covid-19 pandemic.

She said she only discovered her marital status after she had lost her ID and tried to apply for another.

To make matters worse, she was married in community of property to the faceless Chen.

And she couldn't obtain state benefits without her ID. While Home Affairs was willing to issue her with a replacement document, this showed that she was married.

She is unemployed, a recovering drug addict and she is living with a family member who is financially supporting her.

“As a result of my circumstances, I have been unable to apply for a medical grant to assist me in obtaining the necessary medical care I need. I am also unable to enter any rehabilitation centre as a valid ID is needed.”

The woman said he had approached social workers to help her in applying for a medical grant, but without an ID document, their hands were tied too.

“Without a valid ID I am rendered helpless, as I cannot apply for any employment and I have to rely on my family for my medical and everyday needs. The whole ordeal has left me without any dignity, feeling worthless and ashamed. I am also frustrated with Home Affairs, which said they cannot rectify the situation.”

While it was clear that her “husband” did not choose to marry her because of her financial status, it was speculated that he needed to prove that he was married to remain in the country.

The woman said she did not want to die and leave her family with this mess. She also did not want a situation where Chen could live happily for the rest of his life in the country being “married to a South African citizen” if she were to die or did not rectify the situation.

www.samigration.com

The Department of Home Affairs (DHA) has moved to salvage the controversial multimillion-rand Automated Biometric Identification System (ABIS) tender and slapped technology services company EOH with a R44 million penalty over delays in the implementation of the project.

After months of wrangling and negotiations over the delays, the DHA has fined EOH over the R400 million contract and has recommended it be ceded to a suitable subcontractor.

The department has since approached National Treasury seeking guidance on the matter.

EOH is contesting this penalty and the amount is under dispute.

This is not the first time EOH has been hit with a fine in recent months. In July, the company was penalised R7.5 million by the Johannesburg Stock Exchange (JSE) for publishing false information in its 2017 and 2018 financial results.

The latest details of the fallout between EOH and the department were revealed in Parliament last week by home affairs minister Dr Aaron Motsoaledi, who presented a rescue plan for the ABIS to the portfolio committee on home affairs.

The contract was for EOH to migrate data on the current Home Affairs National Identification System, which only records photos and fingerprints of South African citizens, to the new ABIS.

The final implementation of the system would provide a single source of identification for citizens across state institutions and private sector entities.

The contract was processed and awarded by the State Information Technology Agency on behalf of the DHA.

However, the project was delayed after the missing of master files in the ABIS contract with EOH and a forensic audit is under way into the contract.

Delivery discrepancies

In his presentation to the portfolio committee, Motsoaledi revealed that out of the R400 million contract, R224 million had already been spent on services, infrastructure and software.

He also said in terms of the contract, if there are any delays in the implementation of the project, the DHA reserved the right to levy a penalty for every month of delay.

“In invoking this penalty clause, DHA levied a penalty of R43 973 141.80 against EOH because the project has already been delayed by two years. EOH is contesting this penalty and hence the amount is under dispute. The contract also stipulates that such disputes are to be mediated by a senior counsel appointed jointly by the DHA and EOH Mthombo,” he said.

The joint appointment has already been made and the mediation process is starting this week.

Furthermore, the minister said EOH has taken a decision to exit all government contracts and as part of its exit plan from the DHA contract, EOH is proposing to cede the work to a subcontractor.

“In the event of EOH exiting, the contract still needs to be salvaged because most plans of modernisation of DHA services revolves around ABIS,” Motsoaledi said.

The minister added that the legal opinion obtained by the DHA suggested that ceding is permissible, subject to certain requirements being met.

According to Motsoaledi, after meeting with officials from the Department of Communications and Digital Technologies, it was decided that the DHA proceed with the ceding, provided the cession is approved by National Treasury.

“The DHA has already approached National Treasury for guidance. It is recommended that the portfolio committee notes the decision to cede the ABIS contract to a suitable subcontractor, subject to the finalisation of the negotiations and approval by National Treasury.”

Discord continues

EOH, however, has denied it is quitting government contracts.

A spokesperson says the company has noted the minister’s presentation, adding: “EOH remains committed to the project insofar as the engagements under way present viable options which are commercially sustainable for both parties.

“EOH maintains and intends to maintain its ongoing strategic relationships and engagements with the government insofar as those relationships and engagements are commercially sustainable.”

Further, in terms of the contract, EOH said it is disputing that it is the cause of the delays.

“In this regard, EOH and the DHA are proactively and constructively engaging one another through their respective attorneys with a view to securing an amicable outcome to the difficulties encountered on the Automated Biometric Identification System project to date. There are presently no arrangements or agreements in place concerning the replacement of EOH on that project, whether by cession or otherwise.”

The JSE-listed company has been battling with a myriad challenges − operational and legal.

EOH’s problems surfaced after Microsoft in February last year terminated its contract with the IT services company after an anonymous whistle-blower filed a complaint with the US Securities and Exchange Commission about alleged malfeasance to do with a R120 million contract with the SA Department of Defence.

Ever since, the company has been trying to improve its image after corporate governance issues emerged following an investigation by ENSafrica, which unearthed suspicious transactions worth about R1.2 billion

Vehicle-tracking company Tracker says it has recently become aware of a car theft scam which is being used by a syndicate in South Africa

Customers are being contacted by the scamsters who are pretending to work for Tracker. They advise the customer that there is something wrong with their tracking device and that they need to come out to repair or replace the device.

Once on-site, the perpetrators will claim that they need to test the device by taking the car for a test drive or they will say that they can’t finalise the repairs on-site and need to take the vehicle back to the fitment centre.

Tracker said that the scamsters have targeted the customers of several vehicle tracking companies, and that this trend was not unique to its customers.

“If you are contacted about repairs to your tracking device by someone claiming to be from Tracker, please ask them to take you through the Tracker security verification questions associated with your account in order to verify the legitimacy of the call.

“If they are unable to do so, advise them that you will need to contact someone at Tracker to verify their claim. If you are still unsure or find the call suspicious please contact our call centre on 0860 60 50 40.”

Tracker said it is important to keep the following in mind:

• A Tracker technician will never need to nor should they ask to test drive your vehicle;
• Always check the email address the request is sent from – this is often an immediate give away as the criminals would not be using a tracker.co.za address;
• You can always confirm the validity of an appointment by contacting our call centre on 0860 60 50 40.

www.vsoftsysyems.co.za

The Department of Home Affairs (DHA) has moved to salvage the controversial multimillion-rand Automated Biometric Identification System (ABIS) tender and slapped technology services company EOH with a R44 million penalty over delays in the implementation of the project.

After months of wrangling and negotiations over the delays, the DHA has fined EOH over the R400 million contract and has recommended it be ceded to a suitable subcontractor.

The department has since approached National Treasury seeking guidance on the matter.

EOH is contesting this penalty and the amount is under dispute.

This is not the first time EOH has been hit with a fine in recent months. In July, the company was penalised R7.5 million by the Johannesburg Stock Exchange (JSE) for publishing false information in its 2017 and 2018 financial results.

The latest details of the fallout between EOH and the department were revealed in Parliament last week by home affairs minister Dr Aaron Motsoaledi, who presented a rescue plan for the ABIS to the portfolio committee on home affairs.

The contract was for EOH to migrate data on the current Home Affairs National Identification System, which only records photos and fingerprints of South African citizens, to the new ABIS.

The final implementation of the system would provide a single source of identification for citizens across state institutions and private sector entities.

The contract was processed and awarded by the State Information Technology Agency on behalf of the DHA.

However, the project was delayed after the missing of master files in the ABIS contract with EOH and a forensic audit is under way into the contract.

Delivery discrepancies

In his presentation to the portfolio committee, Motsoaledi revealed that out of the R400 million contract, R224 million had already been spent on services, infrastructure and software.

He also said in terms of the contract, if there are any delays in the implementation of the project, the DHA reserved the right to levy a penalty for every month of delay.

“In invoking this penalty clause, DHA levied a penalty of R43 973 141.80 against EOH because the project has already been delayed by two years. EOH is contesting this penalty and hence the amount is under dispute. The contract also stipulates that such disputes are to be mediated by a senior counsel appointed jointly by the DHA and EOH Mthombo,” he said.

The joint appointment has already been made and the mediation process is starting this week.

Furthermore, the minister said EOH has taken a decision to exit all government contracts and as part of its exit plan from the DHA contract, EOH is proposing to cede the work to a subcontractor.

“In the event of EOH exiting, the contract still needs to be salvaged because most plans of modernisation of DHA services revolves around ABIS,” Motsoaledi said.

The minister added that the legal opinion obtained by the DHA suggested that ceding is permissible, subject to certain requirements being met.

According to Motsoaledi, after meeting with officials from the Department of Communications and Digital Technologies, it was decided that the DHA proceed with the ceding, provided the cession is approved by National Treasury.

“The DHA has already approached National Treasury for guidance. It is recommended that the portfolio committee notes the decision to cede the ABIS contract to a suitable subcontractor, subject to the finalisation of the negotiations and approval by National Treasury.”

Discord continues

EOH, however, has denied it is quitting government contracts.

A spokesperson says the company has noted the minister’s presentation, adding: “EOH remains committed to the project insofar as the engagements under way present viable options which are commercially sustainable for both parties.

“EOH maintains and intends to maintain its ongoing strategic relationships and engagements with the government insofar as those relationships and engagements are commercially sustainable.”

Further, in terms of the contract, EOH said it is disputing that it is the cause of the delays.

“In this regard, EOH and the DHA are proactively and constructively engaging one another through their respective attorneys with a view to securing an amicable outcome to the difficulties encountered on the Automated Biometric Identification System project to date. There are presently no arrangements or agreements in place concerning the replacement of EOH on that project, whether by cession or otherwise.”

The JSE-listed company has been battling with a myriad challenges − operational and legal.

EOH’s problems surfaced after Microsoft in February last year terminated its contract with the IT services company after an anonymous whistle-blower filed a complaint with the US Securities and Exchange Commission about alleged malfeasance to do with a R120 million contract with the SA Department of Defence.

Ever since, the company has been trying to improve its image after corporate governance issues emerged following an investigation by ENSafrica, which unearthed suspicious transactions worth about R1.2 billion

www.samigration.com

CAPE TOWN - Home Affairs officials have embarked on a verification process of refugees and asylum seekers accommodated in a temporary camp in Bellville, set up for the group who had been protesting for several months in the Cape Town CBD, demanding to be moved to another country.

Home Affairs spokesperson David Hlabane said the operation at emergency shelter at Paint City was to identify and verify the status of the refugees living there.

The Standing Committee for Refugee Affairs and the Refugee Appeals Authority are providing oversight. A similar process was concluded at a facility called Wingfield in Kensington.

But he said refugees and asylum seekers at the camp, who were followers of JP Balous and his wife Aline Bukuru, refused to co-operate.

One of the leaders, Hafiz Mohammed, said the officials “raided” the camp on Thursday and took people to various police stations for the verification process. He said some were allegedly forced to sign forms for reintegration into local communities and after they refused were held in the police station.

“We would like the United Nations High Commissioner for Refugees (UNHCR) to help us move out of the country. They can decide where we can go as long as it is a safe and peaceful country where our children can have a future,” Mohammed said.

He said children had no access to education, even those who were to write matric exams could not do so as their “papers” were not processed.

In October 2019, hundreds of refugees began protest outside the UNHCR offices in St Georges Mall. After they were removed by police, they took refuge at the central Methodist Church where they remained until this year.

Chairperson of the Portfolio Committee on Home Affairs Bongani Bongo said the committee wanted to conclude the verification process as soon as possible so an exit plan that included reintegration into local society would be implemented.

“We are concerned about the condition of the refugees and asylum seekers. But it will be impossible to facilitate their deportation to Canada or any other country. Those who want to go to Canada will have to go back to their original countries”, Bongo said.

UNHCR spokesperson Kate Pond said refugees and asylum seekers had the right to choose if and when to return to their country of origin. She said the UNHCR was “ready to support reintegration into the communities, or repatriation for those who choose to do so and in a dignified manner