Chairperson, allow me to start off by saying that, after a relatively short time in this portfolio, my research clearly indicates that the hon Minister is working hard on improving this department. Additionally, she has brought the portfolio committee into her confidence when she was honest and open with the challenges that she still has to face despite the improvements and success that she has already achieved.
Before discussing the Department of Home Affairs, allow me to comment on the Electoral Commission. This is an entity which all government entities should seek to emulate as it is devoid of the scandals and political intrigue that so many other similar bodies face. It is run professionally and efficiently. It does not allow itself to be bullied by any political party, irrespective of how big or small it may be.
As a result, it is respected all round, both locally and internationally, to such an extent that other countries, with longer and more established democracies than ours, seek the advice of our very own Independent Electoral Commission, the IEC. We can only puff our chests out with pride when talking about them. Thank you, IEC, for making South Africa proud.
When it comes to the Film and Publication Board, it is clear that there is no discernible reason why the board should form part of this portfolio. Even the Minister agreed and admitted that she simply inherited this entity when she was appointed Minister of Home Affairs. Accordingly, Cabinet should seriously look at placing this entity under the more logical guardianship of the Department of Justice and Constitutional Development.
Regarding the Government Printing Works, its greatest challenge is to, ironically, publish less printing and to rather produce more environmentally friendly electronic publications. We support this plan.
I'm delivering this speech in a spirit of providing suggestions to some of the challenges that this department confronts. In the three short months that I have had this portfolio, I've made a number of observations. I urge the hon Minister and Deputy Minister to take note of these observations and solutions that I believe should be considered to improve this department, thus providing citizens and others the dignity and service that they deserve.
The greatest issue, by far, is the battle that applicants have to fight so that they can obtain their desired applications. An example is that of Mr Yenzani Ncube who made a permanent resident application 12 years ago. He continues to wait for this matter to be resolved. It is clear that in some sectors of the department processes are simply too slow and cumbersome and, as a result very unfriendly to the public. I plan to help Mr Ncube as I take on his matter.
Almost on a daily basis I receive heart-wrenching queries from asylum seekers who have suffered in their country of origin only to come to our country to suffer even more because applications are not being processed speedily enough or handled correctly. As a result, we have thousands of refugees who are technically illegal in South Africa through no fault of their own, but because of this very department.
I have numerous examples of people from all over Africa who have been in limbo for as long as 18 months. Again, procedures and processes need to be more rapid as many of these people are able to bring in much needed skills that we need in the development of our economy. This is without mentioning the emotional and economic trauma that this causes these fellow Africans.
Clearly, there is a problem with the issuing of documentation such as unabridged birth certificates and marriage certificates. This simply takes too long. It is obvious to me that much of this documentation has not been computerised or automated. If documents were computerised, applicants would be able to receive their documents through just a click of the mouse.
The hon Minister needs to be congratulated on the marked improvements on the issuing of identity documents. However, there still appears to be hurdles in respect of such applications. This has a direct impact on people's lives. Without an ID book people are unable to obtain credit, find employment, or write an exam, and pretty much are unable to exist in South Africa. This has implications for the economy. Some officials, and I stress, only some, appear oblivious or indifferent of the impact this has on people's lives.
Duplicate IDs continue to plague the system, where two or more people have the same ID number and/or name, usually because of no fault of their own. However, the treatment that these parties receive from the Department of Home Affairs implies that it is their fault. Clearly, the system is lacking, so duplicates are recurring all the time.
I would like to use the example of a person that approached the DA office in desperation in June 2011. Ms Justine Paula Robilliard applied last year at the Durban office for a forename, surname and gender change of her details on the population register. In October 2011 the forename was indeed amended and Miss Robilliard was issued a new ID book. In January 2012, on advice of Home Affairs, she returned her ID book and certificate in order for her surname and gender to be amended. She requested the department not to issue her ID book until her details were amended correctly, which is quite correct. In the meantime, as Home Affairs drags its feet, Miss Robilliard has a driving licence that is about to expire and she cannot renew it. She is unable to travel as she cannot obtain a valid passport and is unable to obtain employment. She is unable to sort out her credit history and so she remains unemployed.
Legislation allows anyone to change their names as many times as they wish. However, officials in the department appear to make up legislation as they go along, by having advised Miss Robilliard that she is entitled to a maximum of only three name changes every year. No such limitation exists. In addition to the social and emotional trauma this applicant has had to endure, Home Affairs will also not amend her gender, despite her meeting all legislative requirements and criteria. I can't help feeling that certain officials, who may have a personal issue with such applications, are simply refusing to follow the rule of law here.
On Monday this week, I was pleasantly surprised when I received a call from Miss Robilliard advising me that she had now, indeed, received her ID book. However, the subsequent e-mail on that same day reads as follows:
I have just received via a courier service a certificate from the Pretoria Home Affairs, there is a problem with the certificate, the name is incorrectly spelt and the ID number is incorrect.
This is just one example of how one person's life has been turned upside down and inside out, simply because the department is not doing what it should be doing correctly.
The cases pour in to my office, as officials appear to have forgotten that they are there to serve South Africa and its best interest. Take the example of foreign students who have been denied visa extension to fulfil their internships. Officials suddenly introduced new regulations that simply do not exist and are not covered in legislation. Additionally, these same officials demonstrate the naivety and ignorance that their actions have on South Africa, its economic development and the creation of job opportunities and skills development of our people.
The cases I'm working on include how these students are being treated like criminals, despite having done nothing wrong, and in fact, trying to meet our laws. The advanced skills that they bring in and how we can take advantage of these skills is totally missed by some Department of Home Affairs officials.
As a result, skilled students and specialists within the medical, oil and gas industry, for example, are not staying in the country, simply because they are required to provide a letter from a South African higher education institution confirming that an agreement exists between that local institution and the applicant's higher education institution abroad.
Besides the fact that there is nothing in legislation compelling the provision of such a letter, it also demonstrates the officials' lack of understanding of what an internship is in the first place. To make it worse, it appears that different students from different countries are treated differently, with no consistency in many cases. Clearly, a number of top officials are themselves uninformed with regard to legislation. Proper education and training is required so that this type of thing doesn't happen. How is it possible that officials, who should be performing actions in our laws, themselves do not understand those laws?