ACSA terminates biometrics contract over irregularities

The terminated multimillion-rand contract was for biometric and e-gate systems to control passenger movement at airports.
Airports Company South Africa (ACSA) has terminated the contract for an
automated
border control project issued to IDEMIA, a French technology company.
ACSA announced the decision this morning, stating the contract termination is in accordance with the terms of the service level agreement, which provide for a 60-day notice period, allowing IDEMIA to complete the work that is already under way.
“The biometric and digital identity technology project remains key to ACSA’s short- to medium-term strategy to ensure a seamless and efficient customer experience connecting passengers to their next destinations, opportunities and goals. As such, the company intends to pursue the project in the near future,” says ACSA in a statement.
It adds: “ACSA remains committed to the best interests of good corporate governance, transparency and fairness, as we continue with an independent investigation.”
The development comes after ACSA suspended its IT head on 8 August, acknowledging there is prima facie evidence of wrongdoing in relation to the project.
ITWeb exposed in February that French multinational corporation IDEMIA had been accused of holding dual status as “referee and player” in the contract with ACSA.
The issue stemmed from the implementation of biometric and facial recognition technologies, as well as e-gate systems to control passenger movement at airports.
ITWeb reported that IDEMIA allegedly, with the assistance of inside parties,
secured
the multimillion-rand, four-year contract, side-lining its empowerment partner, InfoVerge.
ACSA and IDEMIA denied any wrongdoing in the contract issuance, claiming all processes were followed correctly.
Following the ITWeb story, law firms representing InfoVerge Solutions approached the courts, requesting the contract be set aside.
InfoVerge Solutions stated it was initially part of this “landmark project, awarded to IDEMIA and InfoVerge as a 30% B-BBEE partner”.
As evidence mounted, ITWeb approached ACSA for comment and it initially denied wrongdoing, saying: “ACSA followed a prudent procurement process in the awarding of the contract for the provision of an automated border control project, e-gates and a single token for a period of 60 months. All bids were evaluated in line with the requirements as set out in the request for proposal document.”
Two days later, ACSA placed its chief information officer (CIO) on precautionary suspension, effective 8 August.
ACSA said at the time: “We have since undertaken a preliminary investigation and have now found there is prima facie evidence of wrongdoing in relation to the biometric and digital identity technology project.
“It is on this basis that the CIO has been placed on a precautionary suspension. The precautionary suspension is to allow ACSA to conduct further investigation and report back to the public on our findings.”
IDEMIA’s head office in France previously issued a statement, saying: “Compliance and transparency are top priorities for IDEMIA Public Security, which reaffirms its commitment to systematically align itself with the procedures and regulations of the states in which it operates, as is the case for South Africa.


Cape Town bust 400 for using fake documents at driving licence centres

Cape Town's MMC for safety and security JP Smith says staff are trained to identify forged documents and procedures are in place to verify and check all documentation on the National Traffic Information System.
Cape Town has recorded more than 400 instances of people attempting to use fake documents at its driving licence centres.
The city’s 18 driving licence testing centres had their hands full in the past year with hundreds of people trying to hoodwink staff into accepting dubious documents. They wanted to renew their driver’s licences and obtain public driving permits.
Between July 2023 and June 2024, the city’s driving centres recorded 430 incidents where documents submitted were questionable, said safety and security MMC JP Smith.
“It is a lot to keep track of, especially considering that we do have ongoing challenges with various types of fraud in this country,” he said.
Some people continue to buy their licences, while others will risk presenting fake documents at driving centres in the hopes of securing a licence, said Smith.
“In the past we’ve also seen attempts to cheat on learner’s licence tests, but thanks to far more stringent checks and balances such incidents are few and far between these days.”
Staff had flagged 297 suspicious licences, he said. Of these, 16 were confirmed to be fake and revoked.
Six applicants were arrested on fraud charges at the Goodwood driving centre and nine at Gallows Hill.
“People taking shortcuts is no surprise. However, it has massive implications for the individual if they are caught — but also for the safety of other road users, who have to contend with someone unfit to drive. Unfortunately many suspects make a run for it when they realise the jig is up.
“What is absolutely mind-boggling is that people will arrive to renew fake licences or obtain public driving permits with those fake licences.”
He said staff are trained to identify forged documents and procedures are in place to verify and check all documentation on the National Traffic Information System.


Canada, Australia shut different immigration doors within days of one another

•    Australia and Canada have announced new immigration limits within days of one another.
•    In Australia, education visas will be restricted, and Canadian businesses will have a harder time hiring temporary foreign workers.
•    Immigrants are blamed, at least in part, for higher house prices and joblessness in Australia and Canada respectively.
Australia is capping the number of foreign students it allows in, it announced on Tuesday, after Canada on Monday announced new measures to reduce the number of temporary foreign workers it admits.  
Both countries have encouraged specific types of immigration to bolster their economies but now face political pressure to curb immigration due to voter unhappiness about unemployment, property prices, and other issues linked to growing populations.
Australia's government said it would allow a total of 270 000 new foreign students into higher education in 2025.
In the year to mid-2023, that number was 577 000.
International students were Australia's second largest industry after mining, accounting for more than half of the growth in Australia's economy last year, said Universities Australia chair David Lloyd.
Earlier this month, Prime Minister Anthony Albanese acknowledged the importance of tertiary education as an economic driver for Australia but warned universities not to be overly reliant on overseas students, in part because of the implications for migration.
A large majority of Australians blame foreigners for the country's notoriously high house prices, with nearly 550 000 people moving to the country in 2023.
Education Minister Jason Clare told a news conference that the government would clamp down on "crooks" who exploited immigration visas.
Canada cuts 65 000 foreign workers
On Monday, Canada announced a sharp reduction in the number of people it allows businesses to hire under its Temporary Foreign Worker (TFW) scheme.
Such foreign workers should only be hired when there are no suitable Canadian residents to do the job, but "the TFW Program has been used to circumvent hiring talented workers in Canada", the government said.
It vowed to strengthen compliance checks and reduced new limits that will effectively cut down on the overall numbers, promising more new rules to follow.
For those in low-wage positions, visas will drop to a one-year duration from two, alongside other measures that come into effect at the end of September.
The new rules include exceptions for some types of jobs popular among South African applicants, including in agriculture and healthcare.
Combined with changes from earlier this year, the measures are expected to reduce the number of temporary foreign workers by about 65 000, Employment Minister Randy Boissonnault told reporters on Monday.
Canada now counts 1.4 million people as unemployed, at an official rate of 6.4%. That represents a sharp rise in recent years, which some parties blame on foreigners.
Prime Minister Justin Trudeau said his cabinet was also considering reductions to the number of new permanent residents Canada accepts.
"We're looking at the various streams to make sure that as we move forward, Canada remains a place that is positive in its support for immigration, but also responsible in the way we integrate and make sure there's pathways to success for everyone who comes to Canada," Trudeau told reporters on Monday.He said the government would present a broader plan on immigration levels within months.


What are the Citizenship laws Home Affairs use to allocate a child citizenship ?

What are the Citizenship laws Home Affairs use to allocate a child citizenship ?

The short answer

Children born after October 2014 will need a visa from Home Affairs.

The whole question

I am a foreign national and I’ve had permanent residency since 2011. I’ve been married for ten years and three of my children were born in South Africa, making them South African citizens. However, my last born was denied citizenship by Home Affairs. They stated that he should apply for a visa instead.  Shouldn’t he be a citizen like his siblings?

The long answer

The South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) came into operation on 1 January 2013 and unfortunately it means that children of permanent residents born after October 2014 no longer qualify for automatic citizenship or permanent residency. It means that children born after October 2014 will need a visa from Home Affairs.

The visa your youngest son must apply for is temporary residency, for example under the relatives category, and he will also need to apply for permanent residency.

The law now says:

“Any person born in the Republic of parents who have been admitted into the Republic for permanent residence and who is not a South African citizen, qualifies to be a South African citizen by birth, if:

(a) he or she has lived in the Republic from the date of his or her birth to the date of becoming a major; and
(b) his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).

So I’m afraid your son can only become a South African citizen after he is 18 years old, provided that his birth is registered.

 

Home Affairs has denied my application to change my surname to my spouse as I am in a same-sex marriage, and . Is this legal ?

Home Affairs has denied my application to change my surname to my spouse as I am in a same-sex marriage, and . Is this legal ?
The short answer
Home Affairs is wrong, but it is complicated.
The whole question
I am a South African citizen living in the USA. I got married (same-sex marriage) in 2019 and applied for a new passport reflecting my new name change (surname) on the passport in 2024.
I received confirmation from Home Affairs that they have now refused to change my name because they do not recognize same sex marriages and name changes are not allowed on the passport. Below is the correspondence from them:
"Please note that we have received verification of the status of your passport:
Your passport application was received by DHA on the 12 July 2024
On the 10 August 2024  your application was moved to the Citizenship for verification of SA Citizenship.
Next your application was moved to the Marriage Section to confirm your marital status.
According to the DHA, with regards to same sex civil unions name changes are not permitted, thus all parties concerned will keep their last name. ie: Jason Roelof Saunders will remain Jason Roelof Saunders and not Turner.
Thereafter  your passport will be moved for capturing and processing and will take another 6-8 Months."
Is this allowed? I feel that this is some sort of discrimination, as I have many women friends from South Africa who got married and changed their names to match their husbands with no issue. I would not care if it were not for my line of work. I am an airline pilot and am having many issues when travelling to different countries because my passport and green card documents all have mismatched names. It is now directly affecting my job.
The long answer
Thank you for your email asking if Home Affairs can declare that you may not change your surname to your partner’s on your passport because “with regard to same sex civil unions, name changes are not permitted.”
This is most certainly wrong: in South Africa both partners/spouses in a civil union partnership are allowed to choose what surnames they will be known by. Section 13 of the Civil Union Act explicitly gives spouses/partners this choice.
The Civil Union Act does not make any explicit provisions to recognise foreign same-sex unions, but under the common-law definition of marriage, a foreign same-sex marriage is recognised as a marriage in South African law.
“Couples who marry in terms of the Civil Union Act may choose whether their union is registered as a marriage or a civil partnership. In either case, the legal consequences are identical to those of a marriage under the Marriage Act, except for such changes as are required by the context. Any reference to marriage in any law, including the common law, is deemed to include a marriage or civil partnership in terms of the Civil Union Act; similarly, any reference to husband, wife or spouse in any law is deemed to include a reference to a spouse or civil partner in terms of the Civil Union Act.” (Wikipedia).
But the problem is that there are contradictions between Section 26 (1) of the Births and Deaths Registration Act and the Civil Union Act: on the DHA website it states that “Passports are issued in accordance with your names as they appear in the National Population Register (NPR) at the time of your application. Any changes to your names must be applied for, finalised and recorded in the NPR before you submit your passport application.”
It seems that it costs R375 to apply for a change of name to the NPR.
A Rhodes University thesis by LLB student Chris McConnechie notes that section 26(1) of the Births and Deaths Registration Act says that no individual may describe himself by any other name than the one recorded in the NPR without permission of the Director General of Home Affairs – except that women can change their surnames upon marriage without applying for permission. In a marriage as opposed to a civil union, a man cannot change his surname without permission while a woman can; in a civil union both partners are able to change their surnames.
As you know, all discrimination on the basis of sexual orientation and against same sex couples is outlawed by Section 9 of the Constitution and by the Promotion of Equality and Prevention of Unfair Discrimination Act. But given the difficulties, delays and frustrations routinely experienced by people when dealing with Home Affairs, it may be quicker and easier in the short term to apply to the Director General of Home Affairs for permission to change your surname, and then to re-apply for your passport.