Friday, February 02, 2007

SA puts immigration concerns on agenda

February 02 2007
Racial profiling at London's Heathrow Airport has caused tension between South Africa and Britain, SABC news reported on Thursday.

Home Affairs Minister Nosiviwe Mapisa-Nqakula and her British counterpart, John Reid, discussed immigration control issues in London on Thursday. Concerns about racial profiling at Heathrow were raised.

Reid said that black South Africans were more likely to be interrogated at Heathrow than whites, SABC reported.

A few months ago, Britain decided unilaterally not to accept temporary passports from South Africa.

Many South Africans had also complained about how they were being treated by immigration officials in Britain.

A new study revealed that black South Africans were normally targeted for questioning and body searches.

London announced it was considering introducing a visa system. South Africa said it would do the same if that happened, the SABC reported.
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Friday, January 05, 2007

Home Affairs considering ID audit

The Home Affairs Department is considering a forensic audit to find out how many fraudulent identity documents are in circulation, Home Affairs Minister Nosiviwe Mapisa-Nqakula said on Monday.

In written reply to a question by Sandy Kalyan of the Democratic Alliance in the National Assembly, she said her department would consider such an audit in the 2007/08 financial year.

“Should such an audit be deemed as indeed necessary and feasible, it will be done in collaboration with other law enforcement agencies, notably those within the Justice, Crime, Peace and Security Cluster and the Forum of South African Directors-General,” she said.

The terms of reference of this audit, which would include the timeframes and scope of the audit, would jointly be determined with these partners.

However, the final decision on the feasibility of an audit would take into account the impending introduction of the smart card ID, which would possibly identify fraudsters and drastically reduce fraudulent IDs through a structured multi-level identification service, Mapisa-Nqakula said
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Saturday, December 23, 2006

Home Affairs promises ID today

Jaffie Alberto’s seven-year wait for his identity document is about to have a happy ending, thanks to the intervention by The Citizen.

Home Affairs Minister spokesman Cleo Mosana assured this newspaper yesterday that Alberto’s ID would be delivered to his residential address today.

“The ID was issued on December 14. All we have to do is to dispatch it to him. It was a case of miscommunication,” said Mosana.

This swift reaction comes after we ran the story of the 69-year-old Alberto’s frustration over not having received his ID since he made his first application in 1999.

President Thabo Mbeki’s office e-mailed The Citizen concerning the matter. “You are kindly asked to provide my office with the contact details of Mr Alberto, so that we can try to assist him as a matter of urgency,” read an e-mail from The Presidency’s ministerial liaison officer Samson Phakwago.

Alberto was elated about the latest development, “Once I have the ID in my hand, I will jump for joy. I can have a pleasant Christmas this year.”

He said the Home Affairs representative (Mosana) who had telephoned him yesterday had minded her Ps and Qs. “She was polite... she went as far as wishing me a prosperous new year,” he said.
Mosana said the office of Minister Nosiviwe Mapisa-Nqakula had not received the complaint letter that humanitarian Fred Collins, on behalf of Alberto, had apparently written.

“We have not seen it,” she said.
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Officials ordered to pay deportees' airfares

The Pretoria High Court has ordered government officials who illegally deported three Chinese nationals to share in paying for the cost of flying them back to South Africa.

Judge Essop Patel ruled on Tuesday that the deportations on December 2 of Fang Yan, Miexiang Gao and Wenyu Gao were unlawful and "in breach and disobedience" of an earlier interim interdict preventing their deportation.

Patel ordered that Nosiviwe Mapisa-Nqakula, the minister of home affairs, Manicum Moodley, the Special Investigations Unit assistant director, Sam Langa, the home Affairs chief immigration officer, and R Marhule, the head of the Lindela repatriation centre, be jointly liable to pay all the costs of air travel to fly the three individuals back from China to South Africa for a court appearance on March 15.

Mapisa-Nqakula was also ordered to contact the three deportees, through the South African Embassy in China, within two weeks and issue visas to them. If she cannot deliver the applicants to the court, Mapisa-Nqakula must provide the court with an affidavit explaining why she could not.

Mapisa-Nqakula must also investigate and submit a written report to the high court Registrar by March 12, explaining why the three were deported.

Patel also ordered that a fourth Chinese national, Xianyun Yan, be released immediately from Lindela or wherever she was being detained and be given a temporary residence permit so she can get a job.

A leading immigration attorney described the ruling as "extraordinary and salutary".

The attorney said that it indicated the court's displeasure at the fact that some home affairs officials acted with impunity. He said the order also appeared to capture the feeling that the South African taxpayers should not be expected to foot the bill when officials abused their offices.

"This order may have some home affairs officials thinking twice before they again dare to contravene a direct order of the court," the attorney said.

Home affairs did not comment.
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Audit to establish extent of false IDs

An audit to determine the number of false IDs in South Africa could lie ahead, according to Home Affairs Minister Nosiviwe Mapisa-Nqakula.

In a written reply to questions, she said her department would consider such an audit in the 2007/8 financial year. "Should such an audit be deemed necessary and feasible, it will be done in collaboration with other law enforcement agencies," she said.

The issue of false documents was again in the spotlight when the SABC Special Assignment programme proved how easy it was to buy ID books and birth certificates from departmental officials as well as outsiders working with them. The department subsequently requested the footage of the documentary.

In her reply, Mapisa-Nqakula said the purpose of the forensic audit would be to establish the extent of the number of alleged fraudulent identity documents in circulation.

The days of the green bar-coded ID book are numbered. The introduction of the new credit card style ID will be discussed at the next Cabinet lekgotla in January. Shortly after TV expose, the minister told the National Assembly the green IDs were "contaminated" by criminals and had to be replaced.
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Don't bribe home affairs staff

Refugees and asylum seekers waiting to have their papers sorted out at the Airport Industria refugee office in Cape Town were given a stern warning by a senior home affairs official on Monday after one of them was caught trying to bribe a department employee.

The Cape Times visited the office on Monday after some refugees complained of long queues and poor service.

Addressing some 100 refugees, Norma Xesha, the refugee status determination officer, said there were reports of a refugee trying to entice an official with cash.

"We saw someone trying to give money. We are getting paid by the government to do the job. Do not try to bribe us. If you want to bribe someone, go and do that outside of this office. Don't corrupt the people in this office. If you have too much money and you can't handle it, go and give it to charity," said Xesha.

The person in question was not arrested, but Xesha warned that should a similar incident happen, the police would be called in.

The incident took place during Home Affairs Deputy Minister Malusi Gigaba's visit to various home affairs offices around the city.

His spokesperson, Khulekani Ntshangase, said Gigaba's visit was to address issues of corruption and service delivery at the various centres in the Western Cape.

"The issue, or the reason we came here, was to address the situation and to further assist, so we as a department can fully understand the challenges facing home affairs officials," said Ntshangase.

He said corruption was one of the main challenges facing the department and officials were easily enticed into accepting bribes.

"(Gigaba) is dealing with that. It's (corruption) a matter that he is looking at. He is also looking into whether the conditions are making it fertile for anybody to try and bribe officials. We always say that we've got to make sure that there is easy access (for people) and to close all loopholes that could lead to any forms of corruption," said Ntshangase.

He said Gigaba would be addressing home affairs officials from across the province, at a meeting in the city today.

The refugee centre deals with cases from 1998 to July 2005 only. All new applicants are dealt with at the Cape Town office.

One of the department's latest interventions in speeding up services in its Western Cape offices was the advertising of 10 positions for interpreters and refugee status officers as part of Operation Backlog.

Lack of capacity and inadequate availability of resources to register asylum seekers led to a massive backlog of applications. Four posts for interpreters and six for refugee status determination officers were advertised.

Operation Backlog was launched earlier this year by Home Affairs Minister Nosiviwe Mapisa-Nqakula as the department was faced with a backlog of 110 000 applications nationally.

Cape Town's backlog stood at 22 000 at the beginning of the project.
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Monday, November 20, 2006

Ongoing mayhem at home affairs

The Democratic Alliance has called for the Public Protector to institute an investigation into "ongoing mayhem" in the department of home affairs, a spokesperson said on Sunday.

"A ceaseless public outcry as regards the department's ineffective and inefficient service delivery has continuously fallen on the minister's deaf ears," said DA MP Marius Swart.

Swart said the department had a reputation of being one of the most corrupt government departments, with officials committing fraud, extorting money, and aiding and abetting illegal immigrants.

Swart said all assurances given by Minister Nosiviwe Mapisa-Nqakula to combat fraud and corruption had failed dismally.

"The fact of the matter is that the department of home affairs is delivering sub-standard service to its clients, virtually with regard to all the statutory responsibilities entrusted to it.

"The standard of service delivery is declining at such a rate that the intervention by the Public Protector is necessary," said Swart.
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Sunday, November 19, 2006

Concept of twins too tough for Home Affairs

Who among us doesn’t understand being driven to irrational behaviour by the Department of Home Affairs — particularly when you’re told to share one ID between you.

Society is punishing the wrong guy here. Enough of this.

When I was growing up I used to admire and envy my cousins Mduduzi and Dumisani, with whom I lived at our maternal grandparents’ house in Chesterville.

Not only were they big and strong, they were also identical twins. Those days, older people — who saw twins as a biological miracle that needed to be pampered at every available opportunity — would be heard saying: “Ah, look at them! Aren’t they cute! God must have been so impressed with his handiwork he decided to duplicate it!”

The underlying message was, of course, that us lesser human children were so ugly that upon making us, God muttered to himself, “Eish, there I go again, wasting my clay! Let me quickly move on ...”

But the downside of being a twin was that if one of them was naughty, the other innocent twin was bound to be punished for sins he hadn’t committed.

It therefore was to be expected that The Twins covered up for each other, and fought each other’s battles. Another interesting thing was that when one of them decided he didn’t feel like going to school, the other followed suit.

Sometimes, wisely, one of them would go to school so he could imbibe the day’s lessons which he would later share with his brother.

Fast-forward to 2006: the twins, who are now responsible family men, came to me with a complicated problem.

For the past 12 years they have been living as one person. Every time they applied for new IDs, the Home Affairs Department would issue them with two separate documents — but, apart from their names, the rest of the information was exactly the same, which shouldn’t be the case.

This caused problems for them with banks. Because one of the twins is smarter with his money, while the other has problems with the credit bureaus, the mistake by Home Affairs has made the other twin’s life a misery. He’s having screaming matches with the wife, who’s distressed by the letters of demand that find their way into the family’s postbox.

When I first heard this story, I flashed a smile of victory at my cousin, seeming to say it wasn’t cool to be a twin, after all — at least while Home Affairs is the shameful circus that it is .

Anyway, it got worse when, three months ago, the supermarket chain that they work for decided to change its payroll system. In terms of the new system, you get paid on the basis of your ID number.

Because the twins share the same ID number, the implementation of this new system has been nothing but hell for them.

When the new system kicked in, one of the twins did not get his salary, while the other twin was paid twice .

It was only when the aggrieved twin raised the issue with the manager that the Home Affairs muck-up come to the fore.

Numerous visits to the Home Affairs offices did not help much. Every time they raised the issue with the bureaucrats, they would get shouted down.

A few weeks later they would receive new ID documents — with the same wrong information.

Only when they took their case to the press did Home Affairs take their complaint with a modicum of seriousness.

My cousins’ experience is a pointer to a deeper malaise within the Home Affairs Department: lack of professionalism and empathy with citizens, and a lackadaisical approach to genuine complaints by those whose lives have been turned into a nightmare by bureaucratic incompetence.

I think almost every other person in this country has had his or her nasty experience with Home Affairs.

Not so long ago one of the investigative TV programmes showed how foreigners wanting to legitimise their presence in the country would either buy fake IDs, or be “married” to local women by corrupt Home Affairs officials.

The fact that it is so easy to buy a fake ID explains our uncontrollable crime wave. People commit crimes but will never be traced because their “existence” is fake.

It’s about time Home Affairs got its house in order, otherwise winning our fight against crime will continue to elude us as we don’t even know how many human beings are in this country. We do not even know the extent to which such services as child grants are needed, and who deserves them.
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Saturday, November 18, 2006

Crazy man gets crazy sentence

The five-year jail sentence meted out to 22-year-old Kabelo Thibedi, who held a Home Affairs official hostage out of frustration over not receiving his identity document for years, is ridiculous and proves the country’s justice system is crazy.

This is according to Young Communist League of South Africa national secretary Buti Manamela. He was addressing the media yesterday on his organisation’s view on the verdict that has drawn an outcry from the public, demanding the young man be punished by means of community service, not time behind bars.

“The sentence is unacceptable,” said Manamela.

“Thibedi had no intention of hurting anyone, he used a toy gun and he was frustrated for not getting his ID.

“We believe he should have not been sentenced to anything at all. The guilty ones are lazy Home Affairs workers who get off scot-free – they must go to jail,” said Manamela.

Thibedi, accompanied by his mother Esther Zwane, who is being treated for depression, was present at the briefing. He said he still hadn’t received his ID back from the police, since it was confiscated during the trial.

He hoped this appeal would be successful.

Manamela said they would mobilise the youth to picket outside the Appeal Court, calling for leniency.

They had written to National Prosecuting Authority director Vusi Pikoli, and were corresponding with President Mbeki, Justice Minister Brigitte Mabandla and Correctional Services Minister Ngconde Balfour on the case.

The league has committed to embarking on a community service on November 28 with Thibedi, visiting schools, houses and churches, and explaining how and where to apply for identity documents.

They are also helping set up a trust fund to foot Thibedi’s legal bill.

“We are also calling upon the hostage victim to forgive Thibedi. This would go a long way toward reconciliation and nation-building,” said Manamela.
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South Africa Christians deeply disturbed by homosexual law

Three days after South Africa became the first African nation and the world's fifth country to pass a law legalizing gay marriages, millions of devoted Christians remained angry or in a state of shock, with some calling the move "an act of satanism," church leaders said.

On Tuesday, November 14, South African lawmakers voted 230 to 41 in favor of the Civil Union Bill, which gives homosexual couples the right to register their unions with the same state recognition as those of heterosexuals.

The law still requires President Thabo Mbeki’s signature and an approval of the second house of parliament before it can come into effect by the end of November, but analysts did not expect much legal wrangling over the legislation.

But Christian leaders, some of them working in prostitution-ridden areas, told BosNewsLife that although the law has been passed, the debate is not over yet as churches here and around the world are praying for South Africa’s future.

Until 2005 homosexuality activity was banned in traditionally conservative South Africa under the 'law against sodomy'. Sexual relationships between people of the same sex was often described as a "dreadful sin" by both Christians and non-Christians. In tribal African communities, it was a reason for expulsion.

However supporters of the new legislation, including South Africa's Minister of Home Affairs, Nosiviwe Mapisa-Nqakula, have said it addressed one of the inequalities left over from the 1948-1994 apartheid era.

"When we attained our democracy we sought to distinguish ourselves from an unjust, painful past by declaring that never again shall it be that any South African would be discriminated against on the basis of color, creed, culture and sex," she said this week while presenting the bill.

It was passed a few weeks before a deadline set by the country's Constitutional Court which ruled a year ago that the existing marriage law, enacted in 1961, did not conform to South Africa's 1996 constitution which guarantees equal rights for all.

A pastor gives his opinion about the new law during a debate in Soweto. Via VOA News Christian officials disagree. When the Constitutional Court passed the ruling in December 2005, Rhema Church Pastor Ray McCauley told the government, "The majority of South Africans do not agree with the decision. It is a sad day for South Africa when the very bedrock foundation of society, the family, is redefined by a court."

Most African countries, including Kenya where former president Daniel Arap Moi practiced his Christian faith, denounce homosexuality, and in some nations punish it with the death penalty. The leader of the African Christian Democratic Party, Pastor Kenneth Meshoe, South Africa’s e constitution should be amended to protect, what he called, the sanctity of traditional marriage.

"The Civil Union Bill justifies immorality and, by inference, calls sexual perversion a legitimate alternative lifestyle that should be openly accepted," he added. That seems music to the ears of 61-year-old Philemon Khumalo, an elder of a local evangelical church in the Yeoville area of Johannesburg.

"Even before we heard the Gospel, when I was a boy, the traditional African leaders demanded respect for African customs and morals," he told BosNewsLife, adding that, "manhood was something every boy, without exception, was proud of."

Under the apartheid regime he worked for decades as a domestic servant in another area of the city during the apartheid era. "Much of the filth leading to homosexuality was brought into our country by the liberal whites. Now the blacks are just as guilty of accepting and agreeing to their liberal ways," Khumalo complained.

He noted that South Africa’s national anthem is Nkosi Sikelele Afrika or 'God Bless Africa'. "How can we or those African parliamentarians who passed the law sing this anthem and look in the face of God and expect His grace and protection, if we defy His Word, the Bible?," he wondered.

"God is not logical, he is Biblical and there is no such rubbish as religious tolerance for religious liberals." Khumalo said that the Book of Genesis describes how homosexuals, wanting to sodomize Lot's guests, were punished with blindness.

South Africa’s leadership, he warned, “which brings such un-Godly rulings, is already spirituallyDocument on display during public debate on new law in September this year in Soweto. Via VOA News blind and does not see the direction in which our beautiful country is going morally - sliding into the gutter." He said South Africa has already one of the highest rates of AIDS in the world, with some reports suggesting that one out of four people in the country are infected with the HIV-virus that causes AIDS.

"With the latest rulings the situation will only get worse," he argued, referring to what he believes is an already dangerous and unhealthy sex-climate in the country.

In the past, "When our young men went to work in the goldmines of the big city Johannesburg, they were reading all kinds of sexual-related magazines and were closed up in the men's working quarters where women and wives were not allowed to visit them," he recalled. He believes it is one of the reasons why "many of the young men became homosexuals, but were never allowed to talk about it."

Khumalo, who himself worked at the gold mine before taking a job as domestic servant, said he was able to visit his own wife and family only twice a year, at Easter and Christmas. While he is pleased that times have changed, he and other church members noticed that the new found freedom increased pornographic activities and free sex.

The evangelical church in Yeoville has been praying around the clock against the law from an undisclosed location amid fears of anti-Christian violence carried out by militant gay rights activists and others opposing the anti-free-sex message from the congregation, members said. One lady, who identified herself only as Paullina, said youngsters have “no respect for moral ethics” and said her district Yeoville has become a center of drug dealing and prostitution.

"We even have gay bars," she said, after the owner visited the United Kingdom and Amsterdam. "Many gay South Africans call themselves a Christian, but have nothing to do with the faith as they don't live according to the Bible. They have no right to call themselves Christians, its not democracy its blasphemous," Paulina explained.

The conservative Dutch-reformed right wing party Freedom Front Plus (FFP) agrees. "That is why the creator made "Adam and Eve" and not "Adam and Steve" nor "Madam and Eve," said Corne Mulder, Chairman of FFP said marriage is God's institution for a man and a woman. That is why the creator made "Adam and Eve" and not "Adam and Steve" nor "Madam and Eve".

As an elder in his church, Khumalo stressed that no matter what the Constitutional Court, government or parliament may rule, African Christians will never accept marriages between homosexuals, but "only the blessing of the marriages between ladies and gentlemen in the eyes of God."

Evangelicals argue that while Jesus Christ still loves all sinners, including homosexuals, He hates sin, including homosexual behavior. Some evangelical groups have set up support groups for those who they claim are struggling with homosexuality, angering some gay rights activists who say homosexuality is neither a sin nor a choice.

Paulina said however that legalizing gay marriages, "could never have happened under the wise Madiba," the nickname for previous president Nelson Mandela. She accused current President Mbeki and his African National Congress party of "being weak" at times of trouble.

"If Mbeki acts according to God's law this South Africa still has a future, if he acts according to the Constitutional Court ruling it has none," she said.
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Wednesday, November 15, 2006

Anger at gay marriage law

South Africa's parliament overwhelmingly approved a bill yesterday to make the nation the first on the continent to legalise gay marriage.

The bill was pushed through the National Assembly by the ruling African National Congress amid protests by religious groups and opposition parties in a region where homosexuality remains largely taboo.

The cabinet approved the bill in August after the country's highest court ruled it was unconstitutional to deny gay people the right to marry.

The court gave parliament until 1 December to change the law. The Civil Union Bill, which gives same-sex couples the same rights as heterosexual ones, still needs approval by the second house of parliament. However, it is expected to come into effect by the end of November.

When enacted, South Africa will accord homosexual couples over the age of 18 the same rights as their heterosexual counterparts, following countries such as Belgium, the Netherlands, Spain and Canada.

"When we attained our democracy, we sought to distinguish ourselves from an unjust painful past, by declaring that never again shall it be that any South African will be discriminated against on the basis of colour, creed, culture and sex," Nosiviwe Mapisa-Nqakula, the home affairs minister, told parliament.

Yesterday, Lindiwe Radebe and Bathini Dambuza welcomed the news. Engaged for a year, they now want to take their relationship to the next step.

The couple from Soweto hope to be among the first gay people to take advantage of the new law. "I can't wait," said Ms Radebe, 25, an activist with the Forum for the Empowerment of Women, which supports black lesbians.

Ms Dambuza, 22, a tour guide, wears an engagement ring that Ms Radebe gave her about a year after they met.

Getting married will change their lives, they said. "For some people marriage means nothing, it is just a piece of paper. But we want that symbolism of having a legally binding document of our love," said Ms Radebe.

The couple are keen to have children and hope that by getting married it will be easier to adopt or become parents.
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