Controversy continues to stalk the Lindela Repatriation Centre amid claims that the state, which refuses to acknowledge wrongdoing, is illegally keeping foreigners locked up -- and even trying to deport them before their cases have been decided by the courts. Last week, the state tried to subvert the justice system by arranging to deport foreigners held at Lindela before their cases had been finalised by the courts -- which later ordered their immediate release.
Yakubi Adeyemi* was placed on a plane bound for Nigeria in the early hours of March 28 -- but the flight was halted after an urgent court order was obtained by the Legal Resource Centre (LRC). Adeyemi is one of 22 men and women who had been held at Lindela for longer than the 120-day limit allowed for by the Immigration Act of 2002. After the failed bid to deport him, the department of home affairs was ordered by the South Gauteng High Court in Johannesburg to release the entire group, in accordance with the legislation. According to section 34 of the Act, an immigration officer may arrest an illegal foreigner without the need for a warrant and detain them for a period of no longer than 30 days, after which a subsequent 90-day order must be confirmed through a warrant issued by a magistrate. After 120 days of incarceration has elapsed, the Act stipulates all detainees should be released regardless of their official residence status. Additionally the Constitution states "everyone has the right not to be deprived of freedom arbitrarily or without just cause" -- a right afforded both to South Africans and foreigners.
"The department's behaviour [in trying to deport foreigners before the conclusion of the legal process] smacks of arrogance and indicates they are merely trying to prove a point as to who is in charge while people's dignity is violated and their livelihood is being put at risk," LRC attorney Naseema Fakir told the Mail & Guardian.
The LRC had on March 20 asked the court to order the state to release the group of foreigners. After earning a postponement in the case, the department of home affairs failed to appear in court on Thursday March 29, after which the court ordered the state to immediately release all applicants in the matter. However, in between court appearances the department had arranged to deport several applicants in the case. The LRC said it appeared that the haste with which the state tried to deport Adeyemi, who has two young children with his South African partner, was due to the fact that the department had already paid for his airline ticket -- before his case arrived in court.
"The department may look at this from a monetary point of view, but it is ridiculously traumatic for the individuals involved. There is no dignity in simply putting a person on a plane in order to get rid of them," Fakir said.
But the department of home affairs said it had been well within its rights to deport Adeyemi.
"There was no court order at the time the applicants were taken to OR Tambo International Airport to be deported. The order was granted at 5am on 29th March 2012. There was therefore no violation of the court order," the department said.
Ignoring court orders
But even after the court order stipulating immediate released was issued, another Nigerian detainee, Mogeni Oni*, was placed on a bus at Lindela ahead of a planned deportation. After emergency enquiries were made by the LRC as to why Oni was in the process of being deported, he was returned to the confinement area at Lindela. The 22 men and women were eventually released at 7pm on March 30 -- nearly 30 hours after the court order instructing immediate release was issued. The department of home affairs acknowledged that the 120-day limit for extended detention applied, but would not shoulder any blame for exceeding this period.
"The department works with resident embassies and high commissions in South Africa to verify the nationality of deportees and to process their travel documents. This process sometimes takes longer than 120 days," the department said.
The latest events follow a reported uprising at Lindela in which detainees, mainly of Nigerian and Ethiopian descent, were understood to have demanded a meeting with immigration officials after some were kept at the facility for more than nine months. After a violent confrontation, several internees were reported to have sustained serious injuries, with one understood to have been taken to hospital after the incident. After initially failing to respond to questions posed by the M&G on the unrest, the department eventually conceded that an "altercation" had occurred at Lindela but was "quickly brought under control" by officials at the centre. Earlier in March the LRC secured the release of a Nigerian and an Angolan who were unlawfully detained as illegal immigrants. The Nigerian, who had a valid work permit, was held for 114 days, while the Angolan was detained for 132 days without a warrant. The department has been accused of regarding deportation procedures with contempt.
"It seems as though they are truly a law unto themselves and court orders and the like have little effect on them," said Douglas Leresche, a project co-ordinator at People Against Suffering, Oppression and Poverty (PASSOP), an NGO working to protect and promote the rights of all refugees, asylum seekers and immigrants in South Africa.
While some of 22 foreigners involved in last week's incident are illegal immigrants, others say they have documents proving their stay in South Africa is legitimate. Damurah Mekonen* an Ethiopian national, businessman and resident of Durban for the past 11 years says he was arrested in late October while trying to have his residence permit renewed at Home Affairs offices in Glenwood. Mekonen said he was kept in Durban Westville prison for over a month before being transferred to Lindela, where he was kept for four months. He said no answers about his continued detention were forthcoming.
"These people know nothing. They simply arrest you and ask questions later. If you ask where they are taking you or why, they laugh at you," said Mekonen. "I am not a criminal and I have done nothing wrong. I am here legally and I pay taxes so I don't understand their problem," Merkonen added.
Merkonen, Adeyemi, Oni and the 19 other applicants now have two weeks to sort out the legalities of their stay in South Africa. After that, should they fail to secure the correct documentation, they will again face deportation. The process of organising visas and permits has been criticised as overly complex, with many immigrants saying it takes up to three days of constant queuing simply to renew a visa. The constant delays have led to a number of instances of immigration companies and individuals taking the department of home affairs to court. Some of those being held at Lindela say they ended up there because of reasons that were beyond their control.
Nadine Nzapa, a security guard from the Democratic Republic of Congo who has been in South Africa for six years, has been kept at Lindela for three weeks, after she was arrested for not having a valid work permit. Nzapa says she had not renewed her papers because her employer had threatened to fire her if she took time off to sort out her visa.
"There was nothing I could do. I need money to feed my children and I could not take off work," a tearful Nzapa told the M&G. As a result of her detention, Nzapa's six children, the oldest of which is 13, have been left to fend for themselves at her home in Yeoville.
"I don't know if they are going to school or looking after themselves. My children sometimes phone me and say they were given food, from who I don't know," Nzapa said.
*Names changed for fears of victimisation
Source: Mail & Guardian
Showing posts with label Home Affairs. Show all posts
Showing posts with label Home Affairs. Show all posts
Monday, April 2, 2012
Friday, March 9, 2012
South Africa ignores deportee torture claims
"When we landed, the soldiers met us at the airport with shotguns and they put us straight into prison," said Didier Kabange*. One of 52 Congolese deported from the Lindela repatriation centre outside Krugersdorp in mid-February, Kabange then spent two weeks in Kasapa prison in Lubumbashi in the southeast of the Democratic Republic of Congo (DRC) before he was released, with 46 other members of his group, last week.
Kabange, speaking by phone this week from the DRC, said that the deportees were deprived of food and water, threatened, beaten and interrogated about their political affiliations. He also expressed concern for the safety of the five still detained in Kasapa.
"There were too much questions. Too much questions [by the authorities]," he said. "They asked us why we left the Congo and what we were doing in South Africa. They asked whether we were protesting against [President Joseph] Kabila and whether we supported [Union for Democracy and Social Progress leader Étienne] Tshisekedi. We say we don't know anything about the government, about the president -- we don't know nothing. All we know is that our [asylum seeker] papers expired so we were sent back."
Deportation could be fatal
There is growing concern among the Congolese in Cape Town and Johannesburg that deportation to the DRC by the department of home affairs is leading to physical abuse, victimisation and possibly death. Activists claim the "indiscriminate" and "harsh" response of the Kabila government is a reaction to protests that followed the DRC's presidential elections in November last year, which are widely alleged to have been won fraudulently by Kabila. One of the activists, Augey Kitoko, said: "The regime has seen our protests in South Africa [including one at the ANC headquarters in Johannesburg and another at the Congolese embassy in Pretoria] and they are embarrassed. So when our people are deported, the security forces come down heavily on them."
The World Organisation Against Torture's 2007 annual report, which was released in mid-2008, stated that "the Congolese authorities are extremely sensitive to activities that could adversely affect their credibility and image abroad, and denunciation of human rights violations is carried out in an environment that is exceedingly dangerous for defenders". The "Unsafe Return" report by the United Kingdom-based charity, Justice First, which tracked the return of 17 failed asylum seekers, two of whom disappeared after touching down in Kinshasa, from the UK to the DRC between 2007 and last year, suggests little has changed. The deportees interviewed reported being raped, tortured, beaten and separated from their children, and claimed that officials extorted money from them to ensure their safety.
Rape, torture prevalent among returnees
According to the report, of the 15 adult returnees, one was "handcuffed, blindfolded and severely beaten", six were "severely beaten", two were tortured with electric shocks, two of the 10 men were sexually abused and two of the five women were raped. The report states that asylum seekers in the UK are considered to be the "main opponents" of the Kabila regime, much like those who have been protesting against the election results in countries such as South Africa, Belgium and Canada.
The report also contains a chilling interview with a Congolese immigration officer who acknowledges that returnees' files are studied "to establish whether the returnee has a problem with the Congolese state", in which case the security services are contacted. The immigration officer says returnees are interrogated on arrival and, if "political problems" with the regime are confirmed, they are sent to Kinshasa's Kin Mazière prison or to a notorious detention centre, called "Tolerance Zero". The official described the procedure: "In such a case [of detention], the returnee can have no excuse, there will be no pity shown. People are caught and can be killed in Tolerance Zero.
Punishment does not take place at the airport but in secret entre coulisses [behind the scenes] … Those who have a problem with the state will be severely ill treated and duly punished. He or she will run the risk of eliminé [being killed]. Detainees do not have access to a lawyer. Any communication with the outside is very difficult."
SA not taking responsibility
South Africa is washing its hands of any responsibility for what is happening. Modiri Matthews, chief director of the immigration inspectorate of home affairs, said his department's main obligation was to "deport people here illegally" after "a thorough credibility test" to ascertain whether their claims for political asylum were valid. He said South Africa had no way of monitoring the safety of people deported to the DRC. "It is up to the respective governments to monitor the safety of those that we deport … The DRC is a sovereign country so we cannot meddle in their affairs."
Matthews said the South African government was not reviewing its position in the light of the concerns about the safety of those being deported to the DRC. The British government has taken a similar stance. This indifference of foreign governments to human rights abuses taking place in the DRC is leaving deportees at the mercy of the Kabila regime. Also, because their refugee status has been denied, they do not fall under the mandate of the United Nations High Commissioner for Refugees.
Hard for human rights groups to do their work
It is hard for human rights groups to operate in the DRC, even though it has ratified the Optional Protocol to the UN Convention Against Torture that allows UN observers access to places of detention. According to Amnesty International's 2011 annual report, during the UN's universal periodic review, in March last year the Kabila government refused observers access to detention centres, including that of the National Intelligence Agency.
DRC information minister Lambert Mende told the Mail & Guardian that allegations of human rights abuses made by returnees to the country were "just a lie". He said that refugees and asylum seekers were "not good sources for information about the truth" about the political situation in the country as they needed to paint a bad picture of the DRC to ensure they were allowed into countries like South Africa and the UK.** The rows of buildings at the Lindela detention and repatriation centre resemble cages for battery chickens. Inside, a slightly built 40-year-old Congolese, Francis Ongoly,* is waiting to be deported. Fear is in his eyes.
"I've heard that the others [deported in February] have been in Kasapa and I don't want to go there. But I am also scared about going home. Where I live [Uvira in the Sud-Kivu province], the militia are always looking for young men like me to fight. If you refuse, you die. I don't want to fight or die," he said.
Ongoly said conditions at Lindela were terrible and illnesses were "only treated with Panado. Whatever illness you have, there is only one medicine -- Panado." On December 21 last year Martin Mukishi, a Congolese national held at Lindela, died because of "poor treatment and negligence", according to Congolese nationals in the repatriation centre.
"When we tried to find out how he died things escalated. The guards came in with rubber bullets, tear gas and batons and they beat us. All we wanted to know is what happened to our brother," said Didier Fuamba who was detained at Lindela for more than two months and only released in February after legal intervention.
Those in Lindela have written to Human Rights Watch. They claim they are being victimised by the South African government, which they say is in cahoots with the Kabila government, in an attempt to stem anti-Kabila protest in South Africa. They also call for an immediate end to deportations, or a possible relocation to another country. Among Congolese nationals living in South Africa, the fear of victimisation is growing -- they claim that both the police and the home affairs department are intent on arresting and deporting them. More than 10 Congolese nationals, either in Lindela or recently released, said that, while trying to renew their temporary papers, they were arrested and sent to Lindela. Some in Lindela claimed that they were arrested at the border without being afforded an opportunity to apply for refugee status. But Matthews said that no specific nationality was being targeted and denied that anyone, including Congolese nationals, would be detained at Lindela without being given the opportunity to apply for refugee status. He said that only "authentic illegal immigrants" were deported, after a "detailed examination and appeal process". "The only detention that can take place is if people have failed in the system," he said.
But the Congolese said the system was failing them. Blaise Lolele, who spent more than three months in Lindela before being released after a court application by his lawyer, said: "I have been renewing my temporary papers since 2006 and, after I was arrested, I was shown my files by a lawyer in Lindela. It showed that my refugee status application had been rejected in 2007. But I was never notified that my application failed; it never came up on the system whenever I renewed my papers. How is this possible?"
* Not their real names
** Translation by Lionel Faull
Source: Mail & Guardian
Kabange, speaking by phone this week from the DRC, said that the deportees were deprived of food and water, threatened, beaten and interrogated about their political affiliations. He also expressed concern for the safety of the five still detained in Kasapa.
"There were too much questions. Too much questions [by the authorities]," he said. "They asked us why we left the Congo and what we were doing in South Africa. They asked whether we were protesting against [President Joseph] Kabila and whether we supported [Union for Democracy and Social Progress leader Étienne] Tshisekedi. We say we don't know anything about the government, about the president -- we don't know nothing. All we know is that our [asylum seeker] papers expired so we were sent back."
Deportation could be fatal
There is growing concern among the Congolese in Cape Town and Johannesburg that deportation to the DRC by the department of home affairs is leading to physical abuse, victimisation and possibly death. Activists claim the "indiscriminate" and "harsh" response of the Kabila government is a reaction to protests that followed the DRC's presidential elections in November last year, which are widely alleged to have been won fraudulently by Kabila. One of the activists, Augey Kitoko, said: "The regime has seen our protests in South Africa [including one at the ANC headquarters in Johannesburg and another at the Congolese embassy in Pretoria] and they are embarrassed. So when our people are deported, the security forces come down heavily on them."
The World Organisation Against Torture's 2007 annual report, which was released in mid-2008, stated that "the Congolese authorities are extremely sensitive to activities that could adversely affect their credibility and image abroad, and denunciation of human rights violations is carried out in an environment that is exceedingly dangerous for defenders". The "Unsafe Return" report by the United Kingdom-based charity, Justice First, which tracked the return of 17 failed asylum seekers, two of whom disappeared after touching down in Kinshasa, from the UK to the DRC between 2007 and last year, suggests little has changed. The deportees interviewed reported being raped, tortured, beaten and separated from their children, and claimed that officials extorted money from them to ensure their safety.
Rape, torture prevalent among returnees
According to the report, of the 15 adult returnees, one was "handcuffed, blindfolded and severely beaten", six were "severely beaten", two were tortured with electric shocks, two of the 10 men were sexually abused and two of the five women were raped. The report states that asylum seekers in the UK are considered to be the "main opponents" of the Kabila regime, much like those who have been protesting against the election results in countries such as South Africa, Belgium and Canada.
The report also contains a chilling interview with a Congolese immigration officer who acknowledges that returnees' files are studied "to establish whether the returnee has a problem with the Congolese state", in which case the security services are contacted. The immigration officer says returnees are interrogated on arrival and, if "political problems" with the regime are confirmed, they are sent to Kinshasa's Kin Mazière prison or to a notorious detention centre, called "Tolerance Zero". The official described the procedure: "In such a case [of detention], the returnee can have no excuse, there will be no pity shown. People are caught and can be killed in Tolerance Zero.
Punishment does not take place at the airport but in secret entre coulisses [behind the scenes] … Those who have a problem with the state will be severely ill treated and duly punished. He or she will run the risk of eliminé [being killed]. Detainees do not have access to a lawyer. Any communication with the outside is very difficult."
SA not taking responsibility
South Africa is washing its hands of any responsibility for what is happening. Modiri Matthews, chief director of the immigration inspectorate of home affairs, said his department's main obligation was to "deport people here illegally" after "a thorough credibility test" to ascertain whether their claims for political asylum were valid. He said South Africa had no way of monitoring the safety of people deported to the DRC. "It is up to the respective governments to monitor the safety of those that we deport … The DRC is a sovereign country so we cannot meddle in their affairs."
Matthews said the South African government was not reviewing its position in the light of the concerns about the safety of those being deported to the DRC. The British government has taken a similar stance. This indifference of foreign governments to human rights abuses taking place in the DRC is leaving deportees at the mercy of the Kabila regime. Also, because their refugee status has been denied, they do not fall under the mandate of the United Nations High Commissioner for Refugees.
Hard for human rights groups to do their work
It is hard for human rights groups to operate in the DRC, even though it has ratified the Optional Protocol to the UN Convention Against Torture that allows UN observers access to places of detention. According to Amnesty International's 2011 annual report, during the UN's universal periodic review, in March last year the Kabila government refused observers access to detention centres, including that of the National Intelligence Agency.
DRC information minister Lambert Mende told the Mail & Guardian that allegations of human rights abuses made by returnees to the country were "just a lie". He said that refugees and asylum seekers were "not good sources for information about the truth" about the political situation in the country as they needed to paint a bad picture of the DRC to ensure they were allowed into countries like South Africa and the UK.** The rows of buildings at the Lindela detention and repatriation centre resemble cages for battery chickens. Inside, a slightly built 40-year-old Congolese, Francis Ongoly,* is waiting to be deported. Fear is in his eyes.
"I've heard that the others [deported in February] have been in Kasapa and I don't want to go there. But I am also scared about going home. Where I live [Uvira in the Sud-Kivu province], the militia are always looking for young men like me to fight. If you refuse, you die. I don't want to fight or die," he said.
Ongoly said conditions at Lindela were terrible and illnesses were "only treated with Panado. Whatever illness you have, there is only one medicine -- Panado." On December 21 last year Martin Mukishi, a Congolese national held at Lindela, died because of "poor treatment and negligence", according to Congolese nationals in the repatriation centre.
"When we tried to find out how he died things escalated. The guards came in with rubber bullets, tear gas and batons and they beat us. All we wanted to know is what happened to our brother," said Didier Fuamba who was detained at Lindela for more than two months and only released in February after legal intervention.
Those in Lindela have written to Human Rights Watch. They claim they are being victimised by the South African government, which they say is in cahoots with the Kabila government, in an attempt to stem anti-Kabila protest in South Africa. They also call for an immediate end to deportations, or a possible relocation to another country. Among Congolese nationals living in South Africa, the fear of victimisation is growing -- they claim that both the police and the home affairs department are intent on arresting and deporting them. More than 10 Congolese nationals, either in Lindela or recently released, said that, while trying to renew their temporary papers, they were arrested and sent to Lindela. Some in Lindela claimed that they were arrested at the border without being afforded an opportunity to apply for refugee status. But Matthews said that no specific nationality was being targeted and denied that anyone, including Congolese nationals, would be detained at Lindela without being given the opportunity to apply for refugee status. He said that only "authentic illegal immigrants" were deported, after a "detailed examination and appeal process". "The only detention that can take place is if people have failed in the system," he said.
But the Congolese said the system was failing them. Blaise Lolele, who spent more than three months in Lindela before being released after a court application by his lawyer, said: "I have been renewing my temporary papers since 2006 and, after I was arrested, I was shown my files by a lawyer in Lindela. It showed that my refugee status application had been rejected in 2007. But I was never notified that my application failed; it never came up on the system whenever I renewed my papers. How is this possible?"
* Not their real names
** Translation by Lionel Faull
Source: Mail & Guardian
Wednesday, December 7, 2011
Court orders release of asylum seekers
The department of home affairs in Cape Town has been issued with a high court order to release asylum seekers who have been detained illegally. According to ProBono.net, home affairs in Durban and Cape Town have been involved in a scheme where asylum seekers are lured to department offices under the pretence that they should collect documents. They are then arrested and detained before facing deportation.
The Cape High Court on Monday issued a ruling that arrested asylum seekers be immediately released. The department's procedure is usually to give those who fail to qualify for asylum in South Africa a 30-day period during which they should leave of their own accord. Only when this is not done would deportation procedures begin.
The department in Durban was given the relevant documents by lawyers acting for the asylum seekers but authorities allegedly failed to bring them to court and have refused to release the group currently housed at Westville Prison.
Source: Mail & Guardian
The Cape High Court on Monday issued a ruling that arrested asylum seekers be immediately released. The department's procedure is usually to give those who fail to qualify for asylum in South Africa a 30-day period during which they should leave of their own accord. Only when this is not done would deportation procedures begin.
The department in Durban was given the relevant documents by lawyers acting for the asylum seekers but authorities allegedly failed to bring them to court and have refused to release the group currently housed at Westville Prison.
Source: Mail & Guardian
Friday, October 7, 2011
Home affairs resumes Zim deportations
The moratorium on deporting illegal Zimbabweans has quietly been lifted by the department of home affairs, leading to an outcry from refugee rights groups. No deportations of Zimbabweans have taken place for almost two years while home affairs have been running the Zimbabwe documentation project (ZDP) to offer legal status to Zimbabweans living illegally in South Africa. Organisations working with migrants are angry that the department has not been open about a memo that was circulated among the police, army and refugee offices on September 27 explaining that deportations would resume.
The Mail & Guardian has a copy of the directive issued by director general of home affairs Mkuseli Apleni to the defence force, police offices and department of home affairs branches. The directive says "it aims to give clarity on Zimbabwean nationals who are not presently detected", and outlines the procedure that officers must follow when deporting immigrants. Home affairs spokesperson Ronnie Mamoepa would not answer questions about the directive but did issue a press release this week saying that illegal immigrants could not claim protection under South Africa's laws. "No country in the world will allow illegal immigration within its borders. This is international practice," he said. Mamoepa told the M&G that the government had shown goodwill in attempting to regularise the status of Zimbabweans in the country and had given them a window of opportunity to hand in their fraudulent documents in return for amnesty.
People Against Suffering, Suppression, Oppression and Poverty's (PASSOP) Braam Hanekom said the "deportations are in direct contradiction to the recent undertakings made by home affairs director general, Mr Apleni, to Parliament not to embark on deportations of Zimbabweans until the Zimbabwean documentation project has been completed, appeals reviewed and the minister has approved deportations."
But the ZDP project is not complete. According to a research report compiled by the African Centre for Migration Studies (ACMS), "as of October 4, 145 000 permits were dispatched of 275 762 that were received, though processing was still taking place".
Human Rights Watch estimates that there are 1.5-million Zimbabweans in the country, although fewer than 300 000 applied for legal paperwork during the amnesty period. ACMS senior researcher Roni Amit said the resumption of deportations was "going to create problems". She said refugee rights groups were angry because home affairs had not been transparent about resuming deportations and that media reports this week had included denials of such a directive.
Amit said police who arrested Zimbabweans and sent them to deportation centres generally did not verify whether the individuals were still waiting for permits. The directive instructs officers to check if "the suspect has a pending application" for legal status and to conduct an interview with the suspect. But Amit was not convinced by this, saying: "The verification system does not work." Amit said public health groups had not been given advance warning that deportations were about to start. ACMS researcher Jo Vearey said Zimbabweans on chronic medicine for tuberculosis or HIV/Aids needed to continue taking their medication after deportation or run the risk of developing resistance to the diseases or catching multidrug resistant TB.
"Detention facilities are the perfect space for onward transmission of TB, and this poses a health risk to police officers and public immigration officials."
Source: Mail & Guardian
The Mail & Guardian has a copy of the directive issued by director general of home affairs Mkuseli Apleni to the defence force, police offices and department of home affairs branches. The directive says "it aims to give clarity on Zimbabwean nationals who are not presently detected", and outlines the procedure that officers must follow when deporting immigrants. Home affairs spokesperson Ronnie Mamoepa would not answer questions about the directive but did issue a press release this week saying that illegal immigrants could not claim protection under South Africa's laws. "No country in the world will allow illegal immigration within its borders. This is international practice," he said. Mamoepa told the M&G that the government had shown goodwill in attempting to regularise the status of Zimbabweans in the country and had given them a window of opportunity to hand in their fraudulent documents in return for amnesty.
People Against Suffering, Suppression, Oppression and Poverty's (PASSOP) Braam Hanekom said the "deportations are in direct contradiction to the recent undertakings made by home affairs director general, Mr Apleni, to Parliament not to embark on deportations of Zimbabweans until the Zimbabwean documentation project has been completed, appeals reviewed and the minister has approved deportations."
But the ZDP project is not complete. According to a research report compiled by the African Centre for Migration Studies (ACMS), "as of October 4, 145 000 permits were dispatched of 275 762 that were received, though processing was still taking place".
Human Rights Watch estimates that there are 1.5-million Zimbabweans in the country, although fewer than 300 000 applied for legal paperwork during the amnesty period. ACMS senior researcher Roni Amit said the resumption of deportations was "going to create problems". She said refugee rights groups were angry because home affairs had not been transparent about resuming deportations and that media reports this week had included denials of such a directive.
Amit said police who arrested Zimbabweans and sent them to deportation centres generally did not verify whether the individuals were still waiting for permits. The directive instructs officers to check if "the suspect has a pending application" for legal status and to conduct an interview with the suspect. But Amit was not convinced by this, saying: "The verification system does not work." Amit said public health groups had not been given advance warning that deportations were about to start. ACMS researcher Jo Vearey said Zimbabweans on chronic medicine for tuberculosis or HIV/Aids needed to continue taking their medication after deportation or run the risk of developing resistance to the diseases or catching multidrug resistant TB.
"Detention facilities are the perfect space for onward transmission of TB, and this poses a health risk to police officers and public immigration officials."
Source: Mail & Guardian
Thursday, March 11, 2010
'It was like climbing a greasy pole'
Exiting home affairs director general Mavuso Msimang has admitted that he failed to root out rampant corruption in his department during his three-year tenure as a turnaround specialist. "I didn't really get on top of corruption," Msimang (68) said in an interview this week. "It's a difficult one to crack because it requires a comprehensive approach that involves improved administration and information technology systems and a very cooperative public."
Msimang said the arrest and prosecution of more than 100 employees for corruption was of little comfort because the problem was far more widespread. "We've beefed up security measures, but my honest assessment is that we still have a long way to go."
The security of South African documents remained vulnerable, said Msimang, but moves were afoot to improve that. To cut identity fraud, the department launched a countrywide campaign to encourage birth registration, as this was the key to obtaining an ID. But Msimang was sceptical about the prospects of the success of what was intended as a two-year campaign. "The unfortunate thing is that we do not know where people are. Many are not born in hospitals," he said. There were also financial constraints, as well as a shortage of officials to drive the campaign. Msimang conceded that home affairs is "weak on the IT front", adding: "We use probably among the most sophisticated and expensive IT equipment, but home affairs doesn't have the IT skills required to run the system. And that means you're compromising your documents."Behind the skills shortage lie inadequate salaries, he said.
Another major project that came to a standstill was the introduction of smart-card IDs. The department cancelled a R5-billion tender to replace the green identity books after confidential information about the tender was leaked to the media from the State IT Agency (Sita). Msimang said it had later emerged that the department could not afford the smart cards in any event, because the funding was not included in the budget.
Home Affairs Minister Nkosazana Dlamini-Zuma told Parliament this week that the department planned to make funds available for new ID cards in the next financial year. Smart cards have been in the pipeline for almost a decade and former president Thabo Mbeki announced in 2008 that a pilot project would be launched by the end of that year. Msimang said it would now take a minimum of a year to introduce them.
Msimang's endeavour was the second attempt at a turnaround strategy in home affairs -- the first, under former director general Barry Gilder, failed. Msimang said the shortage of expertise in the department largely explained why it had not met all its targets. Bureaucratic government procedures had frustrated his efforts to attract skills. "I accepted the job on condition that government would let me bring in people from outside and pay them market-related salaries. That wasn't done," he said. "You have to jump through so many hoops. "If it was a private company I would've resigned, but it's our government. I tried, but it was like climbing up a greased pole."
Pointing to his successes, he said that when he took office in 2007 it took about 140 days to get an ID book. By last December, the turnaround time was 27 days, or two weeks in some cases. Long queues at home affairs offices have been reduced as applicants can check the status of documents online or through call centres rather than visiting the branches. They also receive free text messages telling them when the document is ready for collection. Of his long-running battles with Parliament's home affairs committee, particularly its former chairperson, Patrick Chauke, Msimang said: "We were caught in a very difficult situation when Parliament began asserting itself over the executive. "Previously, ministers and senior government officials did not take Parliament seriously and MPs felt they couldn't discharge their oversight responsibilities."
Msimang believed, however, that some MPs had set out to rub him up the wrong way. "I thought some people were trying to push me around. "I expressed myself and that got me into trouble."
Source: Mail & Guardian
Msimang said the arrest and prosecution of more than 100 employees for corruption was of little comfort because the problem was far more widespread. "We've beefed up security measures, but my honest assessment is that we still have a long way to go."
The security of South African documents remained vulnerable, said Msimang, but moves were afoot to improve that. To cut identity fraud, the department launched a countrywide campaign to encourage birth registration, as this was the key to obtaining an ID. But Msimang was sceptical about the prospects of the success of what was intended as a two-year campaign. "The unfortunate thing is that we do not know where people are. Many are not born in hospitals," he said. There were also financial constraints, as well as a shortage of officials to drive the campaign. Msimang conceded that home affairs is "weak on the IT front", adding: "We use probably among the most sophisticated and expensive IT equipment, but home affairs doesn't have the IT skills required to run the system. And that means you're compromising your documents."Behind the skills shortage lie inadequate salaries, he said.
Another major project that came to a standstill was the introduction of smart-card IDs. The department cancelled a R5-billion tender to replace the green identity books after confidential information about the tender was leaked to the media from the State IT Agency (Sita). Msimang said it had later emerged that the department could not afford the smart cards in any event, because the funding was not included in the budget.
Home Affairs Minister Nkosazana Dlamini-Zuma told Parliament this week that the department planned to make funds available for new ID cards in the next financial year. Smart cards have been in the pipeline for almost a decade and former president Thabo Mbeki announced in 2008 that a pilot project would be launched by the end of that year. Msimang said it would now take a minimum of a year to introduce them.
Msimang's endeavour was the second attempt at a turnaround strategy in home affairs -- the first, under former director general Barry Gilder, failed. Msimang said the shortage of expertise in the department largely explained why it had not met all its targets. Bureaucratic government procedures had frustrated his efforts to attract skills. "I accepted the job on condition that government would let me bring in people from outside and pay them market-related salaries. That wasn't done," he said. "You have to jump through so many hoops. "If it was a private company I would've resigned, but it's our government. I tried, but it was like climbing up a greased pole."
Pointing to his successes, he said that when he took office in 2007 it took about 140 days to get an ID book. By last December, the turnaround time was 27 days, or two weeks in some cases. Long queues at home affairs offices have been reduced as applicants can check the status of documents online or through call centres rather than visiting the branches. They also receive free text messages telling them when the document is ready for collection. Of his long-running battles with Parliament's home affairs committee, particularly its former chairperson, Patrick Chauke, Msimang said: "We were caught in a very difficult situation when Parliament began asserting itself over the executive. "Previously, ministers and senior government officials did not take Parliament seriously and MPs felt they couldn't discharge their oversight responsibilities."
Msimang believed, however, that some MPs had set out to rub him up the wrong way. "I thought some people were trying to push me around. "I expressed myself and that got me into trouble."
Source: Mail & Guardian
Monday, February 22, 2010
'Stop blaming apartheid for corruption'
Lax and corrupt public officials should stop blaming apartheid for their misdeeds, a senior government official has been quoted as saying in the ANC journal, Umrabulo, featured in The Sunday Independent. "Apartheid cannot be blamed every time some among them fail to discharge their responsibilities or get involved in corruption," said the Deputy Minister of Home Affairs, Malusi Gigaba.
Gigaba, who is also an ANC national executive committee member, said laxity in executing public service duty constituted corruption, but this could not be blamed on apartheid. "Most of the public servants employed in government today are not from the apartheid era, but were engaged during the democratic dispensation," he said.
Apartheid was inherently corrupt because it "was founded upon a corrupt value system that supported, spawned and was itself, in turn, sustained by corruption". "Sure, the legacy of apartheid could be blamed, but for how long?" he said.
Gigaba also rejected the argument that poverty caused corruption. "Even where they participate in corrupt activities, the poor are often the victims rather than the propellers of corruption." "Corruption is, after all, a conscious abuse of power for personal enrichment by those who have such power," he said. "The largest incidents of corruption in the public service occur among the senior management services among those that earn satisfactory salaries; where large accounts and budgets are controlled, and decisions taken. "It is at this level that huge tenders and contracts are issued and where kickbacks are often demanded for contracts and offered."
Gigaba called for a new type of public servant who could manage the conflict between private and public interest. Public servants' private business projects should not interfere with their duties as public officials. "We need to prevent and punish what is morally wrong and to encourage and reward all that is morally right," he said. "There is a need for the establishment of a professional meritocratic public service that is able to uphold the values and principles of democracy, good governance and Ubuntu, whilst sharing the ideology of development."
Gigaba's words come amid a series of service delivery protests - the latest in Siyathemba township in Balfour, Mpumalanga.
Source: IoL
Gigaba, who is also an ANC national executive committee member, said laxity in executing public service duty constituted corruption, but this could not be blamed on apartheid. "Most of the public servants employed in government today are not from the apartheid era, but were engaged during the democratic dispensation," he said.
Apartheid was inherently corrupt because it "was founded upon a corrupt value system that supported, spawned and was itself, in turn, sustained by corruption". "Sure, the legacy of apartheid could be blamed, but for how long?" he said.
Gigaba also rejected the argument that poverty caused corruption. "Even where they participate in corrupt activities, the poor are often the victims rather than the propellers of corruption." "Corruption is, after all, a conscious abuse of power for personal enrichment by those who have such power," he said. "The largest incidents of corruption in the public service occur among the senior management services among those that earn satisfactory salaries; where large accounts and budgets are controlled, and decisions taken. "It is at this level that huge tenders and contracts are issued and where kickbacks are often demanded for contracts and offered."
Gigaba called for a new type of public servant who could manage the conflict between private and public interest. Public servants' private business projects should not interfere with their duties as public officials. "We need to prevent and punish what is morally wrong and to encourage and reward all that is morally right," he said. "There is a need for the establishment of a professional meritocratic public service that is able to uphold the values and principles of democracy, good governance and Ubuntu, whilst sharing the ideology of development."
Gigaba's words come amid a series of service delivery protests - the latest in Siyathemba township in Balfour, Mpumalanga.
Source: IoL
Saturday, December 12, 2009
South Africa: Inquiry on Sales of Fraudulent Passports
South Africa has suspended dozens of immigration officials being investigated for giving South African birth certificates to foreigners, mainly from Pakistan, the government said on Thursday. “The fraudulent registration of births of foreigners constitutes a serious threat to the national security of our country,” Home Affairs Minister Nkosazana Dlamini Zuma said in a statement. She said the scheme allowed “fraudsters” to apply for South African passports that could be used for “nefarious activities abroad.” The move comes months after Britain started requiring visas from South Africans, charging that would-be terrorists and criminals were exploiting the availability of stolen or forged South African passports to gain access to other countries. South Africa said nearly a year ago that steps had been taken to prevent corrupt officials from issuing bogus passports.
Source: New York Times
Monday, August 31, 2009
Dlamini-Zuma weeps over ID suicide
A senior home affairs delegation has been sent to Pinetown to investigate the circumstances at its regional offices that apparently led a 22-year-old to commit suicide last week. Home Affairs Minister Nkosazana Dlamini-Zuma said on Sunday she would "leave no stone unturned" to find the official whose lack of co-operation allegedly led Douglas Skhumbuso Mhlongo to take his own life.
Mhlongo's suicide note to his family said that he killed himself in despair after a home affairs official tore up his ID application papers. He had needed an ID to take up a job. The Sunday Tribune reported that Dlamini-Zuma cried on hearing about Mhlongo and hinted that the official might have been angling for a bribe.Mhlongo was the second KZN person to commit suicide after having problems getting an ID document.
In June 2007, a KwaMashu woman, Bongekile Mkhize, 24, committed suicide after her hopes of enrolling as a nurse were thwarted. Repeated attempts to get her ID document had failed, apparently because she had supplied an incomplete home address. Other dissatisfied clients have adopted various methods to get the attention of home affairs officials.
In December 2005, after a two-year wait for his ID, Kabelo Thibedi, 21, snapped and held a Johannesburg home affairs official hostage for over five hours with a toy gun, demanding the document.In March 2008, Howick businessman Francois Davel was thrown out of a Pietermaritzburg home affairs office for conducting an impromptu survey of the service while waiting in a queue. Davel decried the quality of service after an extensive wait for his son's ID.
Dlamini-Zuma on Sunday announced a hotline number where people could complaint. The hotline number is 080 020 4476. Complaints can also be registered at 080 060 1190.
Source: IoL
Mhlongo's suicide note to his family said that he killed himself in despair after a home affairs official tore up his ID application papers. He had needed an ID to take up a job. The Sunday Tribune reported that Dlamini-Zuma cried on hearing about Mhlongo and hinted that the official might have been angling for a bribe.Mhlongo was the second KZN person to commit suicide after having problems getting an ID document.
In June 2007, a KwaMashu woman, Bongekile Mkhize, 24, committed suicide after her hopes of enrolling as a nurse were thwarted. Repeated attempts to get her ID document had failed, apparently because she had supplied an incomplete home address. Other dissatisfied clients have adopted various methods to get the attention of home affairs officials.
In December 2005, after a two-year wait for his ID, Kabelo Thibedi, 21, snapped and held a Johannesburg home affairs official hostage for over five hours with a toy gun, demanding the document.In March 2008, Howick businessman Francois Davel was thrown out of a Pietermaritzburg home affairs office for conducting an impromptu survey of the service while waiting in a queue. Davel decried the quality of service after an extensive wait for his son's ID.
Dlamini-Zuma on Sunday announced a hotline number where people could complaint. The hotline number is 080 020 4476. Complaints can also be registered at 080 060 1190.
Source: IoL
Monday, July 27, 2009
Minister turns attention to Balfour protests
Deputy Minister of Home Affairs Malusi Gigaba began a series of meetings in Balfour, Mpumalanga, on Monday to discuss the recent protests there, his spokesperson, Cleo Mosana, said.
Cooperative Governance and Traditional Affairs Minister Sicelo Shiceka released a report last week on the preliminary findings of a study on a recent spate of protests across the country. Researchers flagged a lack of responsiveness to issues raised by communities, tensions between political and administrative sections of some municipalities, allegations of fraud and corruption, ward committees not functioning at their full capacity, and poor planning.
Source: Mail & Guardian
Cooperative Governance and Traditional Affairs Minister Sicelo Shiceka released a report last week on the preliminary findings of a study on a recent spate of protests across the country. Researchers flagged a lack of responsiveness to issues raised by communities, tensions between political and administrative sections of some municipalities, allegations of fraud and corruption, ward committees not functioning at their full capacity, and poor planning.
Source: Mail & Guardian
Thursday, May 7, 2009
US report slams home affairs
Poor administration and corruption at South Africa's department of home affairs has resulted in thousands of fraudulent passports, identity documents and work permits being issued, according to a recently-released United States government report.
Together with border security problems, this has negatively affected South Africa's ability and efforts to counter terrorism, says the US state department's "Country Reports on Terrorism 2008".
The highly-critical report has prompted local lawyer Gary Eisenberg, who chairs the Immigration and Nationality Committee of the International Bar Association, to call for a shake up at home affairs and the appointment of a competent minister to manage the department.
In a statement on Thursday, he said it was a warning to the incoming government it needed to seriously address home affairs' failings.
"The report also closely follows this year's embarrassment of the UK declaring that SA passport holders needed visas prior to entering its countries. This followed years of warnings and ultimately affected hundreds of thousands of South Africans," Eisenberg said.
The report, published on the US state department's website at the end of last month, comes just under 400 days before South Africa is set to host the 2010 Soccer World Cup.
"Border security challenges, socio-cultural attitudes, and document fraud negatively affected the [SA] government's ability and efforts to pursue and intervene in counter-terrorism initiatives.
"South African identity and travel documents generally included good security measures, but because of poor administration, lack of institutional capacity, and corruption within the department of home affairs, which is responsible for immigration services, thousands of bona fide South African identity cards, passports, and work/residence permits were fraudulently issued," the report states.
"According to home affairs director general Mavuso Msimang, 70% of senior home affairs officials failed their tests last year, but his department was unsure as to how to tackle the issue."
Eisenberg called on government to consider Inkatha Freedom Party leader Mangosuthu Buthelezi to head the department.
"[He] has a proven 10-year track record and understands how the system should work effectively to protect and regulate the interests of the inhabitants of South Africa, in respect of their individual status, identity and specific rights and powers," he said.
Source: News 24.com
Together with border security problems, this has negatively affected South Africa's ability and efforts to counter terrorism, says the US state department's "Country Reports on Terrorism 2008".
The highly-critical report has prompted local lawyer Gary Eisenberg, who chairs the Immigration and Nationality Committee of the International Bar Association, to call for a shake up at home affairs and the appointment of a competent minister to manage the department.
In a statement on Thursday, he said it was a warning to the incoming government it needed to seriously address home affairs' failings.
"The report also closely follows this year's embarrassment of the UK declaring that SA passport holders needed visas prior to entering its countries. This followed years of warnings and ultimately affected hundreds of thousands of South Africans," Eisenberg said.
The report, published on the US state department's website at the end of last month, comes just under 400 days before South Africa is set to host the 2010 Soccer World Cup.
"Border security challenges, socio-cultural attitudes, and document fraud negatively affected the [SA] government's ability and efforts to pursue and intervene in counter-terrorism initiatives.
"South African identity and travel documents generally included good security measures, but because of poor administration, lack of institutional capacity, and corruption within the department of home affairs, which is responsible for immigration services, thousands of bona fide South African identity cards, passports, and work/residence permits were fraudulently issued," the report states.
"According to home affairs director general Mavuso Msimang, 70% of senior home affairs officials failed their tests last year, but his department was unsure as to how to tackle the issue."
Eisenberg called on government to consider Inkatha Freedom Party leader Mangosuthu Buthelezi to head the department.
"[He] has a proven 10-year track record and understands how the system should work effectively to protect and regulate the interests of the inhabitants of South Africa, in respect of their individual status, identity and specific rights and powers," he said.
Source: News 24.com
Friday, May 1, 2009
South Africa: Stop Deporting Zimbabweans
The South African government should immediately halt detaining and deporting Zimbabweans from South Africa in violation of the government's recently announced moratorium, Human Rights Watch said today. Police in the town of Musina, close to the Zimbabwean border, continue to detain Zimbabweans at a military base and then deport them.
On April 16, 2009, South African police drove a group of Zimbabweans detained at a police-operated military base in Musina to the Zimbabwean side of the border, even though South African border officials - complying with the government's moratorium - refused to grant them exit documents. The deported Zimbabweans were then refused entry into their country on the grounds that they could not prove their nationality and were then driven back to the military base in Musina and detained once again.
"The police are acting as if they are a law unto themselves," said Gerry Simpson, refugee researcher at Human Rights Watch. "If they are ignoring a clear government order to stop detaining and deporting Zimbabweans and give them temporary status, then South Africa has a major problem with the rule of law."
Thousands of Zimbabweans are being detained by the police in the military base at Musina in appalling conditions and without recourse to proper immigration screening procedures. The South African group Lawyers for Human Rights petitioned the North Gauteng High Court in Pretoria to close the center and was granted an order by the High Court for the immediate release of all Zimbabweans held there for longer than 48 hours. The court is considering whether to close it down entirely.
On April 3, the Department of Home Affairs announced it would introduce "special dispensation permits" to legalize the stay of hundreds of thousands of Zimbabweans in South Africa and give them work rights and access to basic health care and education. The department also announced an immediate moratorium on the deportation of Zimbabweans from South Africa.
A June 2008 Human Rights Watch report, "Neighbors in Need: Zimbabweans Seeking Refuge in South Africa," called on South Africa to halt all deportations of Zimbabweans and to grant them temporary status and the right to work.
"Having taken this bold step to provide over a million desperate Zimbabweans with the protection they need and deserve, the government needs to make sure its decision is enforced," said Simpson. "It needs to tell the police to free the Zimbabweans and end the deportations now."
Source: Human Rights Watch
On April 16, 2009, South African police drove a group of Zimbabweans detained at a police-operated military base in Musina to the Zimbabwean side of the border, even though South African border officials - complying with the government's moratorium - refused to grant them exit documents. The deported Zimbabweans were then refused entry into their country on the grounds that they could not prove their nationality and were then driven back to the military base in Musina and detained once again.
"The police are acting as if they are a law unto themselves," said Gerry Simpson, refugee researcher at Human Rights Watch. "If they are ignoring a clear government order to stop detaining and deporting Zimbabweans and give them temporary status, then South Africa has a major problem with the rule of law."
Thousands of Zimbabweans are being detained by the police in the military base at Musina in appalling conditions and without recourse to proper immigration screening procedures. The South African group Lawyers for Human Rights petitioned the North Gauteng High Court in Pretoria to close the center and was granted an order by the High Court for the immediate release of all Zimbabweans held there for longer than 48 hours. The court is considering whether to close it down entirely.
On April 3, the Department of Home Affairs announced it would introduce "special dispensation permits" to legalize the stay of hundreds of thousands of Zimbabweans in South Africa and give them work rights and access to basic health care and education. The department also announced an immediate moratorium on the deportation of Zimbabweans from South Africa.
A June 2008 Human Rights Watch report, "Neighbors in Need: Zimbabweans Seeking Refuge in South Africa," called on South Africa to halt all deportations of Zimbabweans and to grant them temporary status and the right to work.
"Having taken this bold step to provide over a million desperate Zimbabweans with the protection they need and deserve, the government needs to make sure its decision is enforced," said Simpson. "It needs to tell the police to free the Zimbabweans and end the deportations now."
Source: Human Rights Watch
Sunday, April 5, 2009
Deportation was unlawful
Human rights activists have accused the Home Affairs Department of violating legislation governing the treatment of illegal foreigners after this week's court ruling that Pakistani national Khalid Rashid was illegally detained and deported in 2005. They also called for an immediate review of the department's immigration policies.
The Supreme Court of Appeal (SCA) this week upheld an application, brought on Rashid's behalf, to have his detention at the Cullinan police station on November 1 2005 and his subsequent deportation to Pakistan on November 6 declared unlawful.
"This judgment proves that the department's immigration policies are very irregular. We have had several judgments of this nature -- the Rashid case is a drop in the ocean," said Dosso Ndessomin, coordinator of the Body for Refugee Communities. But Ndessomin doubted that a court judgment was sufficient to change government's approach. Lawyers for Human Rights's Jacob van Garderen said that in future the department would have to consider deportation and detention cases carefully. The civil proceedings against the department over the Rashid case could be damaging.
"We expect the department to study the judgment carefully and communicate with the immigration offices [especially at border posts] to avoid similar cases," he said.
Van Garderen said that in the past three months Lawyers for Human Rights had obtained eight court orders forcing the department to release asylum seekers who had been detained unlawfully at the Lindela Repatriation Centre. After his arrest Rashid was handed to Pakistani officials at the Waterkloof military air base in Pretoria. He was flown to Pakistan and held in custody amid speculation that he was suspected of links with international terrorist organisations. The SCA found that his removal from South Africa was apparently effected secretly without his relatives or friends being informed. The court said that as an illegal foreigner Rashid was liable to arrest, but the Immigration Act required that a warrant be issued by an immigration officer for detention and removal from a place of detention. In Rashid's case no warrant was obtained. The court ordered Minister of Home Affairs Nosiviwe Maphisa-Nqakula to pay the costs incurred by Ismail Ebrahim Jeebhai, a Lenasia-based businessman who started court proceedings on Rashid's behalf, and his attorneys. This week one of the attorneys, Zehir Omar, said he was trying to contact Rashid in Pakistan to prepare to sue the department.
"I'd be very pleased if we came to the bottom of Rashid's removal from this country and to embark on civil proceedings against the department," said Omar. The SCA judgment, he said, had not elaborated on the reasons for Rahid's deportation.
"He was surreptitiously removed from the country because he was suspected of being a terrorist. Yet today he is a free man in Pakistan. That is a disguised extradition," he said.
In February 2007 the high court ruled that Rashid's detention and deportation were lawfully carried out. At the time of going to press the Mail & Guardian had not yet received a response from Home Affairs.
Source: Mail & Guardian
The Supreme Court of Appeal (SCA) this week upheld an application, brought on Rashid's behalf, to have his detention at the Cullinan police station on November 1 2005 and his subsequent deportation to Pakistan on November 6 declared unlawful.
"This judgment proves that the department's immigration policies are very irregular. We have had several judgments of this nature -- the Rashid case is a drop in the ocean," said Dosso Ndessomin, coordinator of the Body for Refugee Communities. But Ndessomin doubted that a court judgment was sufficient to change government's approach. Lawyers for Human Rights's Jacob van Garderen said that in future the department would have to consider deportation and detention cases carefully. The civil proceedings against the department over the Rashid case could be damaging.
"We expect the department to study the judgment carefully and communicate with the immigration offices [especially at border posts] to avoid similar cases," he said.
Van Garderen said that in the past three months Lawyers for Human Rights had obtained eight court orders forcing the department to release asylum seekers who had been detained unlawfully at the Lindela Repatriation Centre. After his arrest Rashid was handed to Pakistani officials at the Waterkloof military air base in Pretoria. He was flown to Pakistan and held in custody amid speculation that he was suspected of links with international terrorist organisations. The SCA found that his removal from South Africa was apparently effected secretly without his relatives or friends being informed. The court said that as an illegal foreigner Rashid was liable to arrest, but the Immigration Act required that a warrant be issued by an immigration officer for detention and removal from a place of detention. In Rashid's case no warrant was obtained. The court ordered Minister of Home Affairs Nosiviwe Maphisa-Nqakula to pay the costs incurred by Ismail Ebrahim Jeebhai, a Lenasia-based businessman who started court proceedings on Rashid's behalf, and his attorneys. This week one of the attorneys, Zehir Omar, said he was trying to contact Rashid in Pakistan to prepare to sue the department.
"I'd be very pleased if we came to the bottom of Rashid's removal from this country and to embark on civil proceedings against the department," said Omar. The SCA judgment, he said, had not elaborated on the reasons for Rahid's deportation.
"He was surreptitiously removed from the country because he was suspected of being a terrorist. Yet today he is a free man in Pakistan. That is a disguised extradition," he said.
In February 2007 the high court ruled that Rashid's detention and deportation were lawfully carried out. At the time of going to press the Mail & Guardian had not yet received a response from Home Affairs.
Source: Mail & Guardian
Tuesday, February 10, 2009
Govt admits passport problems
Government on Tuesday admitted that there were "some problems" with its passport authorisation systems that had led to the United Kingdom imposing a visa requirement on South Africans travelling to that country.
"We as a country, and I think the department of home affairs, will be the first to admit that there has been some problems in our identity card authorisation system," foreign affairs director-general Ayanda Ntsaluba told a media briefing in Cape Town.
The UK on Monday announced all South African visitors would require a visa, citing a need to "strengthen its borders" as the reason for the move, set to affect about 420 000 travellers.
"Abuse of the South African passport remains a serious concern," the British High Commission in Pretoria said in a statement on Monday afternoon.
Source: News 24.com
"We as a country, and I think the department of home affairs, will be the first to admit that there has been some problems in our identity card authorisation system," foreign affairs director-general Ayanda Ntsaluba told a media briefing in Cape Town.
The UK on Monday announced all South African visitors would require a visa, citing a need to "strengthen its borders" as the reason for the move, set to affect about 420 000 travellers.
"Abuse of the South African passport remains a serious concern," the British High Commission in Pretoria said in a statement on Monday afternoon.
Source: News 24.com
Friday, March 24, 2006
The rise and fall of spy chief Billy Masetlha
When the highly embarrassing espionage operation involving fabricated intelligence reports emerged, it tore apart a close-knit relationship between a head of government and his director-general of intelligence - and the spy chief bit the dust. This was in 1997, when the long-standing amity between the-then Israeli prime minister Benyamin Netanyahu and director-general of Mossad, Danny Yatom, broke down irreparably because a katza (spy) manufactured top secret reports for two decades. Netanyahu gave Yatom a lashing in his office in October, the same month President Thabo Mbeki gave the booted director-general of National Intelligence Agency Billy Masetlha a dressing down nine years later.
Similarly, compounding Yatom's quandary was the scandal's leakage to the media in the same way Masetlha's embarrassing operations were broken by Independent Newspapers in October last year. Yatom resigned while Masetlha was fired. But their spying careers both ended in March while they were in their early 50s, after each had spent two years in the job.
The irony of these espionage incidents is that one of the key issues that led to Masetlha's downfall involves the so-called hoax e-mails that, among other things, claim to associate intelligence minister Ronnie Kasrils with Mossad. The irony is how close confidants - Mbeki and Masetlha - turned against each other overnight, leading to Mbeki exercising his presidential powers and firing his spy chief. Given how easily upset the president can be, the firing of Masetlha came as no surprise after the suspended NIA director-general accused Mbeki - in papers lodged at the Pretoria High Court - of lying to save his job.
In an interview, Mbeki was visibly angry, accusing some of his intelligence agents of "manufacturing intelligence" and lying to please him. "The president as head of state and head of government is the principal client of civilian intelligence … Now you can imagine what would happen if the president is fed false information. "I am saying it is very dangerous and you cannot allow any compromise about quality of intelligence and its truthfulness, you can't afford a situation where people manufacture intelligence," Mbeki said last month.
Masetlha is blamed by intelligence inspector-general Zolile Ngcakani, and also by intelligence sources, for:
# Authorising the unlawful surveillance of ANC executive and businessman Saki Macozoma under the pretext that the he was involved with foreign intelligence. It was revealed that this has much to do with the succession battle in the ANC following Macozoma's implication in the e-mails since declared by Ngcakani to be hoaxes.
# Being involved in the fabrication of the e-mails that purport to implicate senior government and ANC officials in a plot to sideline and incriminate embattled former deputy president Jacob Zuma.
# Being highly involved in party political squabbles by colluding with politicians in the divisive succession battle that has polarised the ruling party between Mbeki and Zuma camps.
# Abusing intelligence and state resources for personal or political gain.
# Acting ultra vires in bugging and intercepting individuals' communications for the same purpose, which could have contributed to the fabrication of the e-mails.
# Fighting a bitter battle with Kasrils to win the heart of the president. This emerged at the October meeting where Masetlha wanted to brief Mbeki about the minister, but was suspended by Kasrils the following day. Masetlha accused Kasrils of being close to the British foreign intelligence agency - MI6.
# Fomenting divisions in the intelligence and security agencies, as exposed during the Khampepe commission to determine the future of the Scorpions. Masetlha accused Scorpions officials of colluding with foreign intelligence, including the US Central Intelligence Agency. He was censured by cabinet, while he became a hero in the Zuma camp for giving the former deputy president's "foes" a pounding.
But if this is true, it remains puzzling how Masetlha - who holds the president in high esteem - could allow professional rivalry to sacrifice his career and tilt towards the losing Zuma camp. Had he miscalculated the impact of his fight with Kasrils? Masetlha did not return messages left for him and his lawyer is said to be out of the country.
A senior spy who worked closely with him said Masetlha could have been motivated by "something serious" pushing him this far. But those who worked with him at the SA Secret Service, where he was also director-general, accuse him of recklessness. They say this was the same reason that forced him to quit Home Affairs after fighting with former minister Mangosuthu Buthelezi. However, all agree that Masetlha is an Alexandra-born street-fighter and, like Yatom, a hands-on spymaster. Even when he called him a liar, he trusted Mbeki and hoped for reconciliation, another intelligence source said. The trust had been mutual. Mbeki asked him in the winter of 2001 to form the controversial presidential intelligence unit, a clear indication that the president did not trust anyone but Masetlha. How this trust broke down (the main reason why he was fired), is a mystery.
Masetlha was the president's eyes and ears and defended him when Mbeki was pummelled at the ANC's national general council last winter, while security figures such as former defence force general Siphiwe Nyanda were openly rejoicing at Zuma's coming in from the cold. Masetlha's career revolved around Mbeki, having worked as the president's security adviser and his counsel on the DRC and Rwandan peace agreements. Mbeki appointed him to the sensitive key post of director-general of Home Affairs after serving, with the president's approval, as head of the secret service. In the winter of 2002, Mbeki recalled Masetlha from Home Affairs after his spat with Buthelezi and announced that the spy chief would reinforce security in the presidency.
Although it might seem his career is over and that the long-standing relationship between him and Mbeki is now something of a broken love affair, Masetlha is likely to intensify his confrontation with the president. He has nothing to lose. As former spymaster and presidential security adviser, he knows more about the president than anyone else. But it remains a poser how he would exploit this to his advantage. However, this could be countered by Ngcakani handing over his report to the SA Police Service with a view to charging Masetlha - either with treason or a lighter charge.
He might bounce back when the ANC's national executive committee triggers another skirmish over the e-mails, for secretary-general Kgalema Motlanthe and some NEC members have made it clear they do not accept Ngcakani's report. If they prevail (which seems unlikely), Masetlha might come back as adviser to another president, just as Yatom later became adviser to another Israeli prime minister - Ehud Barak.
Source: IoL
Similarly, compounding Yatom's quandary was the scandal's leakage to the media in the same way Masetlha's embarrassing operations were broken by Independent Newspapers in October last year. Yatom resigned while Masetlha was fired. But their spying careers both ended in March while they were in their early 50s, after each had spent two years in the job.
The irony of these espionage incidents is that one of the key issues that led to Masetlha's downfall involves the so-called hoax e-mails that, among other things, claim to associate intelligence minister Ronnie Kasrils with Mossad. The irony is how close confidants - Mbeki and Masetlha - turned against each other overnight, leading to Mbeki exercising his presidential powers and firing his spy chief. Given how easily upset the president can be, the firing of Masetlha came as no surprise after the suspended NIA director-general accused Mbeki - in papers lodged at the Pretoria High Court - of lying to save his job.
In an interview, Mbeki was visibly angry, accusing some of his intelligence agents of "manufacturing intelligence" and lying to please him. "The president as head of state and head of government is the principal client of civilian intelligence … Now you can imagine what would happen if the president is fed false information. "I am saying it is very dangerous and you cannot allow any compromise about quality of intelligence and its truthfulness, you can't afford a situation where people manufacture intelligence," Mbeki said last month.
Masetlha is blamed by intelligence inspector-general Zolile Ngcakani, and also by intelligence sources, for:
# Authorising the unlawful surveillance of ANC executive and businessman Saki Macozoma under the pretext that the he was involved with foreign intelligence. It was revealed that this has much to do with the succession battle in the ANC following Macozoma's implication in the e-mails since declared by Ngcakani to be hoaxes.
# Being involved in the fabrication of the e-mails that purport to implicate senior government and ANC officials in a plot to sideline and incriminate embattled former deputy president Jacob Zuma.
# Being highly involved in party political squabbles by colluding with politicians in the divisive succession battle that has polarised the ruling party between Mbeki and Zuma camps.
# Abusing intelligence and state resources for personal or political gain.
# Acting ultra vires in bugging and intercepting individuals' communications for the same purpose, which could have contributed to the fabrication of the e-mails.
# Fighting a bitter battle with Kasrils to win the heart of the president. This emerged at the October meeting where Masetlha wanted to brief Mbeki about the minister, but was suspended by Kasrils the following day. Masetlha accused Kasrils of being close to the British foreign intelligence agency - MI6.
# Fomenting divisions in the intelligence and security agencies, as exposed during the Khampepe commission to determine the future of the Scorpions. Masetlha accused Scorpions officials of colluding with foreign intelligence, including the US Central Intelligence Agency. He was censured by cabinet, while he became a hero in the Zuma camp for giving the former deputy president's "foes" a pounding.
But if this is true, it remains puzzling how Masetlha - who holds the president in high esteem - could allow professional rivalry to sacrifice his career and tilt towards the losing Zuma camp. Had he miscalculated the impact of his fight with Kasrils? Masetlha did not return messages left for him and his lawyer is said to be out of the country.
A senior spy who worked closely with him said Masetlha could have been motivated by "something serious" pushing him this far. But those who worked with him at the SA Secret Service, where he was also director-general, accuse him of recklessness. They say this was the same reason that forced him to quit Home Affairs after fighting with former minister Mangosuthu Buthelezi. However, all agree that Masetlha is an Alexandra-born street-fighter and, like Yatom, a hands-on spymaster. Even when he called him a liar, he trusted Mbeki and hoped for reconciliation, another intelligence source said. The trust had been mutual. Mbeki asked him in the winter of 2001 to form the controversial presidential intelligence unit, a clear indication that the president did not trust anyone but Masetlha. How this trust broke down (the main reason why he was fired), is a mystery.
Masetlha was the president's eyes and ears and defended him when Mbeki was pummelled at the ANC's national general council last winter, while security figures such as former defence force general Siphiwe Nyanda were openly rejoicing at Zuma's coming in from the cold. Masetlha's career revolved around Mbeki, having worked as the president's security adviser and his counsel on the DRC and Rwandan peace agreements. Mbeki appointed him to the sensitive key post of director-general of Home Affairs after serving, with the president's approval, as head of the secret service. In the winter of 2002, Mbeki recalled Masetlha from Home Affairs after his spat with Buthelezi and announced that the spy chief would reinforce security in the presidency.
Although it might seem his career is over and that the long-standing relationship between him and Mbeki is now something of a broken love affair, Masetlha is likely to intensify his confrontation with the president. He has nothing to lose. As former spymaster and presidential security adviser, he knows more about the president than anyone else. But it remains a poser how he would exploit this to his advantage. However, this could be countered by Ngcakani handing over his report to the SA Police Service with a view to charging Masetlha - either with treason or a lighter charge.
He might bounce back when the ANC's national executive committee triggers another skirmish over the e-mails, for secretary-general Kgalema Motlanthe and some NEC members have made it clear they do not accept Ngcakani's report. If they prevail (which seems unlikely), Masetlha might come back as adviser to another president, just as Yatom later became adviser to another Israeli prime minister - Ehud Barak.
Source: IoL
Tuesday, March 25, 2003
Home affairs' misspent millions
Home Affairs Minister Mangosuthu Buthelezi on Tuesday lifted the lid for the first time on allegations of irregular expenditure totalling millions of rands, in a written reply to the portfolio committee on home affairs. Buthelezi, who could not attend the meeting because of a prior engagement, was responding to three questions from the committee. One of them related to a container project to help give rural communities access to the activities of the department. "The container project was never discussed with me by my former director-general, neither was it forwarded as a written submission seeking approval. When it became public... I enquired about the situation and found a host of problems, including irregular actions," wrote Buthelezi.
Detailing his findings in point form, Buthelezi said the problems started with the termination of a "competent" acting chief financial officer. "The person appointed from June 1, 2002 was inexperienced to perform such an important function. The serious nature of the situation became apparent when, on June 3, 2002, she was instructed to place an order for an amount of R12 435 507 for the conversion of 148 container offices. This amounted to more than R85 000 an office without water, power or washroom facilities."
Buthelezi said no prescripts were followed and state tender board instructions were ignored. "Within three days of the order having been placed, a claim was already received for R1 865 326 for payment. There was no contract, no departmental standing committee approval and no treasury approval. Notwithstanding this, the then-acting chief financial officer instructed to pay, which was fortunately reversed before payment. Funds for the containers had at this stage not even been required, and how payment was supposed to be effected is unknown." Buthelezi said the department of public works had also advised them that, among the various options available to ensure service delivery in rural areas, the use of containers was the least desirable.
Home affairs acting director-general Ivan Lambinon told Sapa on Tuesday that he did not know of "this particular document. But there are concerns that things must be done properly and by the rules of the game. As public servants, things must be done honestly," he said. Lambinon identified the then-acting chief financial officer as a Mrs M Shemmans, who was now employed as a director of provision administration in the department. Earlier this month, it was Lambinon who told MPs that he had uncovered a host of problems involving millions of rands in unauthorised expenditure and alleged graft in his department.
The former director-general was Billy Masetlha - now in the presidency - and who had a stormy relationship with Buthelezi. Last year, Buthelezi told the committee he would be forced to table a damage-control bill to protect the state from being sued because the extension, against his wishes, of Masetlha's contract was invalid. Auditor-general Shauket Fakie subsequently agreed that Masetlha's contract was invalid. He also noted that expenditure incurred by Masetlha while his appointment "was not in accordance with... legislative requirements" amounted to about R839m for the period June 21, 2001 to March 31, 2002. A further R332m was spent in the period from April 1, 2002 to June 20, 2002.
Lambinon has been acting director-general since June last year, because of a deadlock between Buthelezi and his cabinet colleagues over who should succeed Masetlha. On Tuesday, committee chairman Patrick Chauke said Buthelezi's absence from the meeting should "not be politicised. Our role in the committee is to play an oversight role over ministers... but we must set up a meeting urgently to discuss matters which are of critical importance and which the minister must brief us on".
Source: Mail & Guardian
Detailing his findings in point form, Buthelezi said the problems started with the termination of a "competent" acting chief financial officer. "The person appointed from June 1, 2002 was inexperienced to perform such an important function. The serious nature of the situation became apparent when, on June 3, 2002, she was instructed to place an order for an amount of R12 435 507 for the conversion of 148 container offices. This amounted to more than R85 000 an office without water, power or washroom facilities."
Buthelezi said no prescripts were followed and state tender board instructions were ignored. "Within three days of the order having been placed, a claim was already received for R1 865 326 for payment. There was no contract, no departmental standing committee approval and no treasury approval. Notwithstanding this, the then-acting chief financial officer instructed to pay, which was fortunately reversed before payment. Funds for the containers had at this stage not even been required, and how payment was supposed to be effected is unknown." Buthelezi said the department of public works had also advised them that, among the various options available to ensure service delivery in rural areas, the use of containers was the least desirable.
Home affairs acting director-general Ivan Lambinon told Sapa on Tuesday that he did not know of "this particular document. But there are concerns that things must be done properly and by the rules of the game. As public servants, things must be done honestly," he said. Lambinon identified the then-acting chief financial officer as a Mrs M Shemmans, who was now employed as a director of provision administration in the department. Earlier this month, it was Lambinon who told MPs that he had uncovered a host of problems involving millions of rands in unauthorised expenditure and alleged graft in his department.
The former director-general was Billy Masetlha - now in the presidency - and who had a stormy relationship with Buthelezi. Last year, Buthelezi told the committee he would be forced to table a damage-control bill to protect the state from being sued because the extension, against his wishes, of Masetlha's contract was invalid. Auditor-general Shauket Fakie subsequently agreed that Masetlha's contract was invalid. He also noted that expenditure incurred by Masetlha while his appointment "was not in accordance with... legislative requirements" amounted to about R839m for the period June 21, 2001 to March 31, 2002. A further R332m was spent in the period from April 1, 2002 to June 20, 2002.
Lambinon has been acting director-general since June last year, because of a deadlock between Buthelezi and his cabinet colleagues over who should succeed Masetlha. On Tuesday, committee chairman Patrick Chauke said Buthelezi's absence from the meeting should "not be politicised. Our role in the committee is to play an oversight role over ministers... but we must set up a meeting urgently to discuss matters which are of critical importance and which the minister must brief us on".
Source: Mail & Guardian
Tuesday, June 18, 2002
Masetlha joins president's men
Home affairs director-general Billy Masetlha will be redeployed to the presidency when his contract expires in two days, says President Thabo Mbeki. Masetlha, a former director-general of the South African secret service, "will reinforce our work in the areas covering security and the criminal justice system".
Mbeki made the announcement when he opened debate on the presidency's budget vote. He said the presidency had to discharge its functions of leadership, oversight, management, co-ordination, mediation of conflicting policy and monitoring delivery. "Like the presidential review commission, the government is of the view that the presidency requires more capacity to carry out these task effectively," he said.
Mbeki re-deployed Masetlha as home affairs director-general in December 1999. Masetlha's contract was controversially extended by a year, despite protests from Home Affairs Minister Mangosuthu Buthelezi, citing an irretrievable breakdown of relations with his director-general. Relations between the two men deteriorated even further, especially about the immigration bill and a litany of other complaints, including Masetlha's alleged insubordination.
Buthelezi has previously warned that the department could face legal action, as well as thousands in unauthorised expenditure, because Masetlha did not have a valid contract. Last week, he told parliament: "Just this morning, I have been advised that he (Masetlha) established 153 posts and filled many of them without my knowledge or approval, which makes the entire operation and related incurred expenditure unauthorised."
Source: Mail & Guardian
Mbeki made the announcement when he opened debate on the presidency's budget vote. He said the presidency had to discharge its functions of leadership, oversight, management, co-ordination, mediation of conflicting policy and monitoring delivery. "Like the presidential review commission, the government is of the view that the presidency requires more capacity to carry out these task effectively," he said.
Mbeki re-deployed Masetlha as home affairs director-general in December 1999. Masetlha's contract was controversially extended by a year, despite protests from Home Affairs Minister Mangosuthu Buthelezi, citing an irretrievable breakdown of relations with his director-general. Relations between the two men deteriorated even further, especially about the immigration bill and a litany of other complaints, including Masetlha's alleged insubordination.
Buthelezi has previously warned that the department could face legal action, as well as thousands in unauthorised expenditure, because Masetlha did not have a valid contract. Last week, he told parliament: "Just this morning, I have been advised that he (Masetlha) established 153 posts and filled many of them without my knowledge or approval, which makes the entire operation and related incurred expenditure unauthorised."
Source: Mail & Guardian
Thursday, November 1, 2001
Masetlha 'above the law'
Home Affairs DG Billy Masetlha seems to have placed himself above the law resulting in a major setback for democracy in South Africa, the department's minister Mangosuthu Buthelezi said on Thursday. Replying to questions in the National Assembly, Buthelezi said by working without a valid contract, Masetlha had placed the legality of all actions taken by the department in jeopardy. "It is possible that Mr Masetlha is placing himself above the rule of law and creating the invalidity of an enormous amount of actions taken by my department with unforseeable consequences for the state. It was also an enormous setback for our democracy as it seems that certain people are becoming untouchable and beyond the reach of law."
The support Masetlha was receiving from "many sectors" was effectively placing him beyond the reach of the law. Buthelezi said he, as the political head of the department, was therefore not able to perform his Constitutionally mandated function of being accountable to Parliament. Relations between the minister and the DG have been strained for months and Buthelezi has claimed - backed by legal opinion of senior counsel - that Masetlha had not had a valid employment contract since June this year. The minister told MPs on Thursday that "no conclusions were reached" at a meeting earlier this week between himself, President Thabo Mbeki and Deputy President Jacob Zuma. Contrary to statements issued by the Presidency, the meeting was not convened to deal solely with the Masetlha issue. "The impression I got from the Deputy President was that it was a meeting that we have, the three of us, from time to time. At this meeting this issue, among other things, was raised but no conclusions were reached on that," he said.
Both Buthelezi - the Inkatha Freedom Party leader - and Masetlha, a former ANC intelligence operative, have previously asked for Mbeki's intervention. Buthelezi said he had referred all information and documentation on Masetlha's contract to the Public Service Commission following a recommendation by Parliament's home affairs portfolio committee. The commission was investigating the matter, but ultimately the final decision of the DG's status rested with the President. The minister said he had only agreed to Mbeki's request that Masetlha's contract be extended on condition that the situation was reviewed when the President returned from an overseas trip. He had, at that time, communicated this to Masetlha and the Cabinet.
Buthelezi last week presented a 10-page document citing 64 examples of alleged wrongdoing by Masetlha to the home affairs committee. He accused the director-general of insubordination and defiance. Masetlha said in response that he was angry and disappointed by the accusations, which he contended were part of a campaign to vilify him.
Source: mail & Guardian
The support Masetlha was receiving from "many sectors" was effectively placing him beyond the reach of the law. Buthelezi said he, as the political head of the department, was therefore not able to perform his Constitutionally mandated function of being accountable to Parliament. Relations between the minister and the DG have been strained for months and Buthelezi has claimed - backed by legal opinion of senior counsel - that Masetlha had not had a valid employment contract since June this year. The minister told MPs on Thursday that "no conclusions were reached" at a meeting earlier this week between himself, President Thabo Mbeki and Deputy President Jacob Zuma. Contrary to statements issued by the Presidency, the meeting was not convened to deal solely with the Masetlha issue. "The impression I got from the Deputy President was that it was a meeting that we have, the three of us, from time to time. At this meeting this issue, among other things, was raised but no conclusions were reached on that," he said.
Both Buthelezi - the Inkatha Freedom Party leader - and Masetlha, a former ANC intelligence operative, have previously asked for Mbeki's intervention. Buthelezi said he had referred all information and documentation on Masetlha's contract to the Public Service Commission following a recommendation by Parliament's home affairs portfolio committee. The commission was investigating the matter, but ultimately the final decision of the DG's status rested with the President. The minister said he had only agreed to Mbeki's request that Masetlha's contract be extended on condition that the situation was reviewed when the President returned from an overseas trip. He had, at that time, communicated this to Masetlha and the Cabinet.
Buthelezi last week presented a 10-page document citing 64 examples of alleged wrongdoing by Masetlha to the home affairs committee. He accused the director-general of insubordination and defiance. Masetlha said in response that he was angry and disappointed by the accusations, which he contended were part of a campaign to vilify him.
Source: mail & Guardian
Tuesday, October 30, 2001
ID fraudsters arrested
Five more Home Affairs employees have been arrested for allegedly issuing false birth certificates and identity documents, bringing to 12 the number of officials apprehended since June, the department announced on Tuesday.
Director-general Billy Masetlha said two officials allegedly linked to a Chinese syndicate were arrested in Pretoria in the morning. They allegedly helped process fake identity document applications lodged in the Eastern Cape. Two weeks ago, another three officials were arrested in Pretoria. Nokuzola Funani, Yolanda Mfunzi and Ncomeca Nombembe were charged with fraud, corruption and theft in the Pretoria Magistrate's Court and freed on R1 000 bail. They were due to appear in court again on Tuesday. Funani and Mfunzi were employed at the department's regional office in Pretoria, while Nombembe worked at the identification directorate in head office. They were arrested with a fourth man not employed by the department.
Masetlha said the arrests formed part of a joint investigation by his department, the police and customs officials into corrupt officials. Operation Molopo started in June and had so far identified seven syndicates of different nationalities involved in the issuing of fake birth and identity documents. The investigation was also focusing on those making the applications. "We would like to get them to lead us to the main culprits," Masetlha said. The director-general expressed concern about refugees evading the system by marrying South Africans in order to obtain residence status. Recently, some 300 refugee applications were withdrawn by foreigners who subsequently married local partners.
Masetlha conceded "very little" controls were in place and said special measures should be introduced to tackle the problem of so-called marriages of convenience. This could include measures as used in the US, where married couples of which one partner was a foreigner, were regularly grilled in a bid to establish if they truly lived together as husband and wife.
Source: Mail & Guardian
Director-general Billy Masetlha said two officials allegedly linked to a Chinese syndicate were arrested in Pretoria in the morning. They allegedly helped process fake identity document applications lodged in the Eastern Cape. Two weeks ago, another three officials were arrested in Pretoria. Nokuzola Funani, Yolanda Mfunzi and Ncomeca Nombembe were charged with fraud, corruption and theft in the Pretoria Magistrate's Court and freed on R1 000 bail. They were due to appear in court again on Tuesday. Funani and Mfunzi were employed at the department's regional office in Pretoria, while Nombembe worked at the identification directorate in head office. They were arrested with a fourth man not employed by the department.
Masetlha said the arrests formed part of a joint investigation by his department, the police and customs officials into corrupt officials. Operation Molopo started in June and had so far identified seven syndicates of different nationalities involved in the issuing of fake birth and identity documents. The investigation was also focusing on those making the applications. "We would like to get them to lead us to the main culprits," Masetlha said. The director-general expressed concern about refugees evading the system by marrying South Africans in order to obtain residence status. Recently, some 300 refugee applications were withdrawn by foreigners who subsequently married local partners.
Masetlha conceded "very little" controls were in place and said special measures should be introduced to tackle the problem of so-called marriages of convenience. This could include measures as used in the US, where married couples of which one partner was a foreigner, were regularly grilled in a bid to establish if they truly lived together as husband and wife.
Source: Mail & Guardian
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