Ladies and gentlemen, welcome to our weekly media briefing.
Minister Naledi Pandor extends condolences to the family of the late Prof. Jakes Gerwel.
At the outset of our media briefing today, let me state that Minister Naledi Pandor has today joined thousands of our people across the country in expressing her heartfelt condolences to family, friends and colleagues of the late Prof. Jakes Gerwel who passed away on Wednesday 28 November.
“The death of Prof Gerwel has indeed robbed the country and its people of a great academic, a patriot, a dedicated and true servant of our democracy. The country will forever be indebted to the sacrifices he made in the struggle against apartheid and his contribution to the building of a non-racial, non-sexist and democratic South Africa following the dawn of peace, democracy and justice in 1994. Yet we will continue to draw inspiration from the knowledge that he passed away conscious that the country remains on course in the quest to create a better life for all”, said Minister Pandor
“Accordingly, may I extend on behalf of the department of Home Affairs and indeed on my own behalf our heartfelt condolences to Phoebe, Hein, Jessica and the grand-children, friends and colleagues convinced that they will find solace in the knowledge that the burden of their pain and sorrow is shared by millions of people of our country” concluded Minister Pandor.
Ladies and gentlemen, the focus of our weekly media briefing today will include among others the question of:
- Supreme Court of Appeal judgement on the Dalai Lama matter
- No violence against women and children campaign
- Home Affairs wins Labour Appeals Court Case brought by the Public Servants Association
- Transgender and Intersex Report to Parliament
- Scam around death certificates
- Arrest of Home Affairs official on allegations of fraud and corruption
- Effective and efficient services at the ports of entry over the festive season.
Supreme Court of Appeal judgement on the Dalai Lama matter
The department has noted judgement handed down today, Thursday 29 November by the Supreme Court of Appeal in Bloemfotein on the Dalai Lama matter. In line with our constitution, the department respects the ruling of the Supreme Court in this regard.
However, Minister of Home Affairs, Naledi Pandor and the department will study the reasoning for the judgement before responding comprehensively to the matter.
No Violence against Women and Children campaign
Let me begin by restating Minister Naledi Pandor and the department’s unflinching commitment to the national campaign to rid our society of the scourge of violence against women and children. The maturity of any democracy will always be measured by the way it treats its women and indeed in particular its children who represent the future of any nation.
Accordingly, as a department, we will do everything in our power to ensure we continuously educate and train all our staff members against the use of violence on women and children. Indeed where our own staff members may be implicated in such acts, the department once it is informed will not hesitate to institute the necessary disciplinary action including referral to the relevant law enforcement agencies.
Home Affairs wins labour court case against the Public Servants Association (PSA)
In its aim to become a more security conscious department, Home Affairs decided that one of the measures to be introduced was to recruit members from the South African National Defence Force (SANDF) at the ports of entry (border posts). To give effect to this objective, a pilot project was implemented at OR Tambo International Airport (ORTIA) by 350 South African National Defence Force (SANDF) members and deployed them at ORTIA; while Retraining and reskilling those previously employed at ORTIA to enable their deployment elsewhere in the department.
The department has at all material times made it clear to trade unions that there would be no job losses. Following extensive consultations with trade unions, the Public Servants Association (PSA) brought an urgent application in the Johannesburg Labour Court wherein it sort a court order interdicting the department from continuing with the employment of SANDF members.
The Labour Court ruled against the PSA and dismissed its application. Judge Molahlehi in his judgement ruled that the employment of former SANDF members would not have an adverse effect on the members of the PSA.
Secondly, the judge found that the objectives of the project were geared towards ensuring the state security and the security of the citizens and therefore it was in the public interest that the project be implemented.
The PSA appealed the decision at the Labour Appeal Court (LAC) for a review of the judgement. The Labour Appeal Court, on Tuesday 27 November 2012 dismissed the appeal by the Public Servants Association. In this regard, the Labour Appeal court ruled that “public interest required that members of the Department of Defence be transferred to the Department of Home Affairs.”
Furthermore, the court found that the Minister of Home Affairs could recruit members of the Department of Defence who were interested in being transferred to the Department of Home Affairs in order to “enhance its effectiveness and skills, without advertising the posts in the Department of Home Affairs or elsewhere.”
The department welcomes this judgement and express the hope that those interested will indeed respect and abide by the decisions of this court and help the department deliver on its mandate of quality services to the people while ensuring all our people are and feel safe.
Transgender and intersex report to Parliament
The department reiterates its commitment to investigate reports tabled by Intersex and Gender Dynamix before parliament’s Home Affairs portfolio committee earlier this week.
The issues raised in the report are a matter of serious concern and should be attended to expeditiously. The department will not hesitate to take disciplinary action against any of its official that may have displayed discrimination against any section of our people including intersex and transgender persons.
It is our conviction, that the department as a state agent has a responsibility to ensure its officials adhere to the provisions of the constitution while respecting the rights of all citizens in line with the Bill of Rights.
The Constitution enjoins all of us to fight against any form of discrimination against people on the basis of colour, creed, sex or religious belief, wherever it rears its head. These are the guiding principles that must inform our work as we continue to help our country create a better life for all. Accordingly, all of our officials are expected to demonstrate a caring, humane and tolerant attitude to all our people irrespective of colour, race, sex or religious beliefs. We shall as a department continue to insist that all our officials are characterised by the respect for the constitution and the Bill of Rights.
Once more we appeal to those who may have experienced intolerance by our officials on the basis of colour, race, sex or religious beliefs not to hesitate to bring the matter to the attention of the department.
Having said the above, it is our duty to explain to the public the provisions of the law as it pertains to intersex and transgender persons who wish to apply for change in their gender status and/or for the issuance of identity documents. We recognise that without a form of identity, life may indeed come to a standstill.
As a department, it is our duty to come to the assistance of those who seek our services in a manner that they too, can together with their compatriots enjoy the benefits of a better life for all.
As things stand, Section 7.2 of the Births and Deaths Act 51 of 1992, recognises the rights of a citizen to change his/her gender status (in cases where parents were responsible for the registration of wrong gender of a child), provided a doctors certificate is produced confirming the gender of the applicant. In this regard forms 526, available at home affairs offices, must be completed and accompanied by an amount of R70.00 (seventy rand only)
With regard to transgender persons, the law requires that such applicants for change in gender status must produce two letters from the referring doctor and the specialist who would have performed the operation before the gender status can be amended on the National Population Register.
Scam around death certificates to defraud insurance companies
The department welcomes the excellent investigative report of the SABC which exposed a scam which utilises fake “death certificates and other documents produced by the Department of Home Affairs” to swindle insurance companies.
We stand ready to assist both insurance companies and individuals whose identity documents are stolen with a view to committing fraud and corruption. In this regard, we will co-operate with the Financial Services Board in its investigations into the matter with a view to bringing those implicated to face the full might of the law.
Once more we call on members of the public to verify the status of the ID’s by texting their ID numbers to the department’s 32551sms number. This will assist to check whether their identity documents have been duplicated for nefarious activities.
Equally, insurance companies are urged to contact the department to verify the authenticity of death certificates before falling into the trap of fraud and corruption by elements who live off the proceeds of crime.
Arrest of Home Affairs official in Phalaborwa for alleged fraud
As part of the broader campaign to rid our department of the scourge of fraud and corruption, a departmental official was arrested yesterday, Wednesday, 28 November in Phalaborwa in a joint Home Affairs-Hawks Operation.
The official was arrested on the basis of allegations of fraud committed against the department. His modus operandi involved registering fraudulent births, entering such fraudulent births in the National Population Register while pocketing funds meant for the state unlawfully.
Home Affairs plans for the festive season
The department is in a process of discussions with staff members including union representatives regarding plans to facilitate smooth movement of travellers through our ports of entry-land, sea and airports during the forthcoming festive season.
Following this consultative process, which we hope will completed in the coming week, we will announce full plans during our weekly media briefing to assure travellers of our readiness to facilitate smooth movement of travellers through our ports of entry. Previously we have had to increase the number of personnel including operating hours to assist travellers moving in and out of South Africa during such critical periods as the Festive and Easter holidays.
We will once operationalise our plans in a manner that will help facilitate smooth movement of thousands of travellers through all our ports of entry this coming festive season while ensuring the maintenance of security and that all our people are and feel safe.
