Consular Services: DIRCO briefing

Meeting report

The Chairperson informed the Committee that its Oversight Report to Namibia was completed. He noted that there were certain things that the Department of Public Works (DPW) wished to factor in. He added that title deeds of properties in Namibia were now in SA.

Mr Lubabalo Sigwela Committee Secretary responded that he would do a follow up with the DPW and send what was available to members.

The Chairperson suggested that members consult with their respective political parties regarding the mandate of the DPW in terms in terms of the Government Immovable Asset Act (GIAMA) and the DIRCO’s mandate to be the custodian of properties abroad. There would be implications and hence political parties needed to provide input on where they stood over the matter. Consultation was also needed. On the briefing he stated that there were always matters arising abroad involving SA’s citizens. The problem was that citizens abroad did not always register with the Registration of South Africans Abroad (ROSA). The ROSA was an online software application that allowed South Africans to register themselves with consular services when they were abroad. He asked that the briefing cover the situation when political party caucuses went abroad.

Briefing by the Department of International Relations and Cooperation (DIRCO) on its consular services
Mr Chris Chetty Director, Chief Directorate: Consular Services, DIRCO, stated that consular services referred to those services that a country provided to its citizens abroad. Some of the main functions of the Consular Services Directorate were to provide non-financial assistance to destitute and distressed citizens, assist citizens and their families in the event of a kidnapping and hostage taking and also to assist with the processes for the importation of mortal remains and burial/cremation of deceased citizens abroad. Members were informed about 51 teachers from SA that had been detained in China due to the actions of an unscrupulous recruitment agency.

DIRCO had intervened and 49 had returned to SA. Two teachers were detained for being complicit in recruiting people using the wrong visas. DIRCO was able to provide emergency travel documents in cases where South Africans abroad had lost their passports. Emergency Travel Certificates (ETCs) were provided. The service was only available abroad. On services not provided, DIRCO for instance could not intervene in foreign courts and legal proceedings to get a South African out of prison, out on bail or an early trial and/or give legal advice.

The Committee was informed that South Africans travelling abroad needed to better informed about the country they are travelling to. In some countries one could be imprisoned if one survived a suicide attempt or one could be arrested for making a woman pregnant outside of wedlock.

Members were informed that increasingly South Africans were found in need of assistance abroad or before they travel. Since the beginning of the millennium there had been a 41% increase in the number of South Africans travelling abroad.

The Committee was provided with responses to questions that it had forwarded to the Minister of International Relations and Cooperation, Ms Lindiwe Sisulu. Questions included what measures had DIRCO taken to improve the general understanding of consular services provided to South Africans at home and abroad. From DIRCO’s side it had embarked on a Travel Smart Campaign which was launched on 3 July 2018. The purpose of the Campaign was to make the South African public aware of the DIRCO’s consular services and assistance that it offered to citizens travelling abroad. The Committee had also asked in the financial year 2017/18 how many and what types of consular cases had been handled. Statistics were provided to the Committee. For instance as at 31 July 2018 there were in total 825 South Africans imprisoned abroad. The figure had dropped from 1000 which it had been three years previously. Total deaths abroad totalled 165. There were also 84 South Africans that had found themselves destitute and distressed. DIRCO was asked what plan of action it had in place to address challenges such as the DHA not being prompt in responding and supporting missions as they should be. The DIRCO’s response was that a Director General to Director General Letter was written regarding the challenges and that a DIRCO/DHA Forum had been established.

Discussion
Ms C Dudley (ACDP) stated that she had not seen consular services being promoted on social media platforms like Facebook and Twitter.

Mr Chetty, referring to the hardcopy brochure on consular services that were handed out to Members, said that it was available on social media.
Ms T Kenye (ANC), around the functions of consular services on the importation of mortal remains and on providing non financial assistance to families of the deceased, asked ,referring to the church collapse in Lagos, Nigeria, if it could not assist with the actual return of deceased persons’ remains in what way did the DIRCO assist. Furthermore if the DIRCO could not get involved in court matters abroad involving South African citizens, what was the position regarding the two teachers that had been detained in China for recruiting persons with the wrong types of visas. If there were countries that made it an offence for a woman to be impregnated out of wedlock she asked who was the one convicted. Was it the male or the female? She further asked whether registration with ROSA was included in the DIRCO’s public awareness campaigns.

Mr Chetty on non financial assistance by DIRCO where persons had died said that in the church disaster in Lagos, Nigeria there had been 108 casualties of which 88 persons had died. On who pays for the return of mortal remains to SA he said that generally the family of the person who had died paid for it. The church disaster in Lagos was declared a national disaster by the South African government and hence footed the bill for the return of the remains of South Africans. The DIRCO had also set up helplines and the assistance of the South African National Defence Force (SANDF) was also called in. In principle the DIRCO offered non financial support. In the case of a national disaster the state covered the costs.
On the matter of the two teachers arrested in China the DIRCO had not offered legal services. The DIRCO did offer information on a database of legal companies/attorneys that the two teachers could use. The South African government could not intervene. The laws of a country had been violated and the sovereignty of the country would prevail. Where South Africans were arrested for being pregnant out of wedlock the DIRCO did offer assistance. He urged South Africans who wished to travel abroad to research countries properly. The culture and religious practises of a country had to be taken into consideration. The laws of a country had to be respected. He said that none of the 108 casualties in Lagos had been registered with the Registration of South Africans Abroad (ROSA) programme. They had made the choice not to register which was unfortunate. Reliance had been on family members who had queried about their loved ones whereabouts. Ten years ago the DIRCO had spent R10m on the ROSA application. Registration had been voluntary. In China the government required of its nationals to inform them of where they were going and whether it was for business or for pleasure. Travel insurance was also compulsory as travellers should not be a burden on the state.

Ms D Raphuti (ANC) was concerned about South African youth being duped by adverts for scholarships/jobs etc that were on offer abroad. Young women were also being trapped abroad under the pretext of being hired as au pairs. Did the DIRCO look into the matter? Awareness was needed and both the DHA and the Department of Education needed to come on board. She also asked whether consular services worked with the DHA to disseminate information about these types of practises. When people were in DHA offices they should be made aware of these things. There should be public awareness. She asked that the DIRCO look into the US Green Card matter on whether persons who had been successful in obtaining it were being scammed. She felt that the South African public had a tendency not to investigate things further. There were reports in the media of a South African having been sentenced to death in Vietnam. There was also a South African woman who had married a Chinese national and on the pretext of going to visit relatives in China he had kept their child in China whilst she had to return to SA. What was happening regarding these two cases?

Mr Chetty, on false promises on adverts, fake green cards etc, stated that DIRCO did get queries. On the Chinese teacher matter one of the students had asked the Chinese embassy to check out things and it was found to be false. The student had tried to spread the word. There had been South Africans who had been complicit. If a person was unsure then it was best to ask DIRCO. On working with the DHA the point was noted. DIRCO did work with the DHA and efforts would be intensified. The South African was arrested in Vietnam in 2016. On 23 August 2018 the person was sentenced to death. The Minister of International Relations was through, SA’s embassy in Hanoi, trying to commute the death sentence to that of life imprisonment. In Malaysia there had been six death sentences for South Africans over the past three years. DIRCO had asked for leniency for the death sentences to be commuted to life imprisonment. To date no responses had been given. He confirmed that a South African woman had married a Chinese national and under the pretext of going to visit the grandmother of their child in China the family had gone to China. However once there, the husband supposedly went on a business trip elsewhere in China and the woman, when her visa had expired, was forced to return to SA without the child remained. He explained that the Family Advocate was dealing with the matter. It was considered child abduction. He added that many countries sided with their nationals on such cases. The advice on working with the Department of Education was taken.

Ms S Kalyan (DA) found the consular brochure to be too wordy. At the back of the brochure there were contact details for a 24-hour switchboard. She asked who manned the switchboard and whether it was manned by an informed person. Or was it merely manned by an operator who logged the call for attention later. How did the switchboard work? She asked whether there was a hotline as well. She also asked whether the ETC was under the authority of the DIRCO or the DHA. She asked if a person who had lost his passport but had photos of it on his phone could use them legally. On the matter of the two teachers being detained in China for the recruitment scam, she asked whether the South African teachers had laid charges against the agency involved. She further asked whether any money had been paid for the release of Mr Stephen McGowan. Had the DIRCO made payment? The Gift of the Givers had not spoken about whether payment had been made. She asked what was happening on the matter of the photojournalist Mr Shiraaz Mohammed who had been kidnapped in Syria. The Gift of the Givers had said that they were close in getting him released. With how many countries did SA have extradition orders with and with how many were there no extradition orders? She had visited South African prisoners incarcerated in Sao Paolo and asked whether consular services did the same where South Africans were imprisoned abroad. She asked what was meant by “joint activities” in consular services. Was it with other countries or organisations? Members were aware that most of the South Africans incarcerated abroad were for drug trafficking etc. What were some of the other offences for which persons were imprisoned?

Mr Chetty explained that the switchboard was available 24/7 and for 365 days of the year. The switchboard directed the caller to the consular section. After hours the switchboard directed the caller to the mission/country where the caller was located in. After hour calls would be dealt with.
Ms Kalyan said that the point she was making was whether there would be an automated response or would one speak to a person.

Mr Chetty said that if it was night in SA and day in Washington, New York then the query would be directed to Washington. If no contact could be made with Washington’s office then the caller’s details would be taken down. There were staff that carried after hours phones. He explained that ETCs were issued by the DHA. Verification was done through fingerprints. DIRCO sent the fingerprints to the DHA. He said that it was difficult to verify a photo of a passport. It could have been falsified. A fingerprint was needed to verify.

Mr Mokgalapa asked what the turnaround time for ETCs was.

Mr Chetty said that in most cases it was 3-5 days. He conceded that it was a challenge. On the Chinese teachers matter and the laying of charges, the recruitment agency, two South Africans and the leadership of schools involved had been arrested. The Chinese authorities had taken action. He noted that the Minister of International Relations and Cooperation and the Minister of State Security had worked on the McGowan issue. No ransom money had been paid.

Ms R Lesoma (ANC) said that on paper the service looked good but felt that the Information Technology (IT) system of the DIRCO and the DHA on the ETC had to be looked at.

Mr Chetty responded that the fingerprints database sat with the DHA.

Ms Lesoma insisted that it was something that needed to be looked at.

Mr Chetty said that her point was noted. He stated that currently Mr Shiraaz Mohamed was still missing. He said that extradition agreements were entered into on a case to case basis. DIRCO did not enter into prisoner transfer agreements. It was the competency of the Department of Correctional Services.

The Chairperson asked what happened when a South African died in a foreign prison.

Ms Dineo Mosala Committee Content Adviser said that a differentiation needed to be made firstly where extradition was done say for the purpose of obtaining evidence and secondly where an exchange of prisoners was done if the prisoner was already convicted. Where a person died in prison the family would pay for the remains to be sent to SA. DIRCO would play a facilitative role.

Mr Chetty confirmed that the family would pay for the return of the remains and if they could not afford to do so the person would be cremated or be buried abroad. He agreed that conditions were shocking in prisons in Sao Paolo. SA’s mission abroad ensured that human rights were upheld. Mission officials did visit both male and female South Africans who were incarcerated. Assistance was offered. Diplomats even at their own expense bought prisoners toiletries etc. He added that most of the offences were drug related.

Mr S Mokgalapa (DA) noted that one of the biggest problems for SA was its citizens being drug mules. He highlighted the importance of public diplomacy. Fake dreams were being sold to South Africans. The transportation of drugs was a serious issue. Even though it was good that the number of South Africans incarcerated in foreign prisons had come down the figure should for all intensive purposes be zero. There should be a concerted effort across all departments which included the South African Police Services (SAPS). He hoped that the Travel Smart Campaign would work better than what the ROSA application had. He mentioned that a South African had also vanished in Mali. South Africans needed to be sensitised about travel abroad and what the local dos and don’ts were. DIRCO should have greater collaboration with the DHA as there still seemed to be delays on the processing of identity documents, passports and birth certificates. Was the problem of these documents reaching embassies timeously on the side of the DIRCO or the DHA? He asked whether the public was sufficiently educated on dual citizenship. He was concerned that general access to consular services was poor. There was a need for it to be jacked up. He pointed out that the courier service contract for the transport of civic documents to SA’s London Embassy had not been renewed. What was to happen? There was also an under-resourcement of consular services. Websites were not functional and nobody answered phones at consuls. He had gotten reports from countries like Canada and France that SA’s missions in those countries were not ready to do voter registration for the upcoming 2019 elections. Was there a general unreadiness by missions? Complaints seemed to have been received.

Mr Chetty, on whether ROSA was working, said that the DIRCO had decided to take it off the air. It had serious updating issues. It was no longer an application that the DIRCO was using. DIRCO encouraged citizens to register themselves at embassies. At missions forms could be filled out or the DIRCO could be emailed. He agreed that greater collaboration with the DHA in delays on the provision of documents like identity documents and passports etc was needed. He responded that the London courier contract had been reinstated. Even if a person had dual citizenship if he landed with his South African passport then he was entitled to consular services. If dual citizenship was not renewed then it fell away. He also agreed that there was room for improvement on consular services. The Minister of International Relations was getting involved on the importance of consular services. He pointed out that the DIRCO website was functional and that there was a great deal of information on it. There were links to consuls on the website. He explained that the Independent Electoral Commission (IEC) was the custodian of voter registration. DIRCO was tasked with providing offices and staff to assist the IEC abroad.

Mr Mokgalapa asked whether the DIRCO had enough staff and resources to assist the IEC abroad.

Mr Chetty responded that if more staff was needed then additional staff would be sent to the mission.

The Chairperson advised Mr Chetty to note down the concerns raised by members so that the Minister and Deputy Minister of International Relations and Cooperation could comprehensively deal with them on the Smart Travel Campaign. He felt that in SA websites, social media and the print media did not have the same reach as radio. DIRCO needed to deploy staff to different radio stations so that messages could be brought across in languages that the locals understood. People could be informed about the dos and don’ts. He noted that Members of Provincial Legislatures (MPLs) as well as councillors should come on board to get messages across. There were often Memorandums of Understanding (MOUs) between South African cities and provinces with counterparts abroad ie city to city or province to province. The Smart Travel Campaign should target them as well. He also asked about South Africans that were illegal emigrants in other countries. There were South Africans who went to seek work abroad, joined criminal gangs or were involved in prostitution etc. These could either be done legally or illegally. There were even people of Jewish extraction serving in the Israeli army. Then there were those who joined terrorist organisations like the Islamic State (ISIS).

Mr D Bergman (DA) interjected that Israel was a sovereign state and that ISIS was a terrorist organisation.

The Chairperson continued that there were even South Africans who were mercenaries in other countries and assisted in coup d etats. There were South Africans serving in the M23 rebellion forces against the government of the DRC. The Committee needed greater clarity on the return of mortal remains as there were many South Africans travelling to foreign countries for religious reasons. There were many churches abroad that were visited by South Africans. More needed to be said by the DIRCO on the Nigerian church disaster. It was perhaps good that there was the Global Consular Forum (GCF) as the phenomenon of migration was ever increasing. The European Union (EU) was flooded with immigrants. Germany had accepted 1m immigrants and perhaps it was due to Germany’s need for a labour force. In Africa people were migrating towards SA. Xenophobic attacks had happened because South Africans felt impeached ie that jobs and opportunities were being taken away from them.

Mr Chetty said that the DIRCO would do its best on the Travel Smart Campaign. Media platforms like radio would be used. Radio was more accessible. Broadcasts in local vernaculars were taking place. Much was being done. He had even appeared on a television magazine programme. Deaf people were even catered for. He noted that municipalities were invited to come on board to get the information out there. On South Africans joining armies there had not been many queries. There had been queries around South Africans joining terrorist organisations. If citizens encountered problems abroad the DIRCO would assist them. The National Prosecuting Authority (NPA) would deal with criminalities if there were any.

The meeting was adjourned.