Tuesday, 27 August 2002
HOME AFFAIRS PORTFOLIO COMMITTEE
27 August 2002
RESTRUCTURING IN DEPARTMENT; IMPLEMENTATION OF IMMIGRATION ACT;
REFUGEE AFFAIRS AND OPERATION OF LEGAL SERVICES DIRECTORATE:
DISCUSSION
Chairperson: Mr Scott
Documents handed out:
Portfolio Committee on Home Affairs: Discussion (Appendix 1)
Organisational Structure for 2002/3, 2003/4 (e-mail info@pmg.org.za for doc)
Statistics Refugee Appeal Board (Appendix 2)
SUMMARY
The Committee was largely concerned that most of the executive
posts were not filled on a permanent basis and that it was urgent
to stabilise the management of the department by filling the
posts. The Committee was willing to help the department to reach
its strategic goals.
MINUTES
The Chairperson emphasised the need for the committee to
co-operate with the Department of Home Affairs and become part of
their management team. He assured the department representatives
that the meeting was not to examine them but to help them.
Mr Lambinon, Acting Director General, outlined the structure of
the department on executive level. He emphasised that the
structure was simply a change in the organogram and not a change
in the objectives and priorities of the department. He mentioned
that the restructuring was compelled by changes such as the new
Immigration Act, and the devolution of civic services.
On the implementation of the Immigration Act, he said that some
regulations and resources needed to be in place first before the
Act could be implemented. On the subject of refugees, he outlined
the employment structure and statistics on refugee applications.
He finalised his presentation by outlining the function of the
Legal Services Directorate.
Discussion
Mr Pretorious (NNP) could not understand how the department could
move ahead with restructuring without appointing a Director
General on a permanent basis. He also commented that the were too
many vacancies filled on an acting capacity. Mr Lambinon said
that he could not comment on the question because he was not
involved in the process but the Minister.
Mr Skhosana (ANC) asked why the department was suddenly concerned
with co-operation after six years of uncooperative management. Mr
Lambinon attributed the problem to the constantly changing staff
and low retention rates over the past years.
The Chairperson asked why the organogram was being changed. Mr
Lambinon explained that 150 posts were created and filled without
the Ministers approval and that now the Minister wanted to go
back to the original plan for the department.
Mr Grobler (DP) commented that it was imperative to have a
permanent Director General. He agreed with Mr Pretorious that
there were too many posts filled on an acting duration. Why were
there so many pending refugees application in Braamfontein (JHB)
and Cape Town. Mr Lambinon explained that often people flocked to
particular offices and he warned against economic migrants whom
he said were impostors and hence increased numbers of applicants.
Ms van Wyk (UDM) agreed that there were too many acting posts at
the executive level of the department and asked the committee to
appeal to the Minister. What was the extent of consultation
towards rearranging the organogram? Mr Lambinon said that the
organogram’s modification was based on the working knowledge
of senior members of the department.
Mr Mfundisi (UCDP)also could not understand how 150 posts could
be filled when there was no permanent Director General. He also
wanted to know why there was no mentioning of accessibility of
services to rural areas. Mr Lambinon stated that he could not
comment on appointments but the Minister could. On access of
services he said that the aim of the department’s team
building effort was to achieve goals such as service delivery in
rural areas.
One member enquired who created and approved the 150 posts. The
response was that it was the previous Director General.
Mr Grobler (DP) suggested that the department should let the
committee know where and how it could assist them. He urged the
committee to acknowledge the shortcoming and problems in the
department but to move ahead in a co-operative spirit. How long
would it be to see some progress once a Director General was
appointed.
Ms van Wyk (UDM) asked if the change in the organogram had any
impact on the department’s strategic plan. Mr Lambinon
explained that the goals had not changed, but rather the means to
achieve them, hence the change in the organogram.
Mr Mfundisi (UCDP)suggested that the Minister and his deputy
should be invited to discuss issues.
Mr Pretorious (NNP) enquired about the status of the Marriage Act
as affected by the Immigration Act. Mr Lambinon assured the
committee that Adv. Malatji was in the process of finalising the
amendments to the Marriage Act.
Mr Sikakane (ANC) was confused by the fact that the Immigration
Act was not effected and that the Aliens Control Act was still in
place. Mr Lambinon said that the Aliens Control Act would be
ineffective once there were regulations in place to effect the
Immigration Act.
Mr Pretorious (NNP) enquired into a situation whereby in an
eighteen counter port only six people filled counters for
passenger clearance. Mr Lambinon explained that the number of
clearance agents depended on the number of arriving ships and
passengers.
Ms Maunye (ANC) commented that the Home Affairs head offices were
inefficient and slow. Why was the SABC container project was
terminated. Mr Lambinon explained that it was because the Tender
Board procedures were not being followed. He mentioned that the
project was not terminated but that there was an investigation
into possible options.
The Chairperson asked when the regulations were coming into
force. Mr Mfundisi later asked a similar question. The response
was that it would be at the end on November or December 2002 and
that January 2003 would be the latest.
Prince Zulu (IFP) commented that it seemed difficult to trust
agents in random checking and wanted to know how reliable they
were. Was it true that South Africa had no legislation to govern
the United Nations Convention on Refugees. Mr Lambino said that
was not true and he did not elaborate further.
Ms Van Wyk (UDM) was concerned about the relationship between the
SAPS and the department. She gave an example of an illegal
immigrant who was arrested thrice and found guilty on two charges
yet he still lived in South Africa an apparently on bail.
One member enquired when the Customary Marriage Act would be
amended so that people in rural areas could access magistrates
courts. Mr Lambinon had no information on the question.
Mr Sikakane (ANC) commended the Johannesburg regional office for
their efficiency against the inefficient head office. Earlier on
Mr Pretorious (NNP) urged members to commend the department on
some of its good work against the financial and human resource
constraints it was facing.
Meeting was adjourned.
Appendix 1
PORTFOLIO COMMITTEE ON HOME AFFAIRS
Discussion 27 August 2002
Introductory remarks
It is with appreciation that we have been called in for a
discussion with the PFC. From my side I would wish to share with
the PFC in every respect as called upon. I would like to
establish open lines of communication making use of the guidance
that comes from the Legislative level. As public servants we are
the Executive branch of government carrying out the wishes of the
Legislature and although this seems so elementary a statement we
know what a mess develops when this cornerstone of democracy
becomes unbalanced. We need to value the professionalism of a
public service that knows its place and carries out the wishes of
government. And this can only succeed if we as PS respect the
lines of communication and the authority vested in our piers i.e.
our Ministers and Portfolio Committees.
I believe that with the assistance of especially my two
colleagues
Act DDG Adv Malatji, and
Act DDG Mr Du Plessis,
we have already committed ourselves to this and I believe we have
the total support of our top management. To commence with we had
to return to these values and to commit ourselves to service
delivery.
In my interaction with my colleagues it became quite clear that
there are many things which need attention. The list is very
long, but what was most encouraging of all is that we agreed on a
need to allow us the opportunity to put the Department together.
Indeed we have had an unhappy trail over the past even six years.
And the commitment was endorsed that the focus should be
on rebuilding a team, respecting each other, acknowledging lines
of communication and bringing back the importance of focusing as
a whole on one common cause for which the Department stands, and
secondly, that a total concentration should be on improving at
our service delivery points.
We are not wishing to derogate the importance of visions and
plans and strategies, but it all disappears into thin air if we
cannot deliver to our people at our regional, district and other
offices. As long as and as far as is in my power this will be the
focus point. We have been ridiculed in the media for long enough
and with reason. We even have to work at the arrogance that too
often is evident from our officials in attending to the needs of
the very people who pay our salaries. Again we need to return to
the values of understanding that we are here at the behest of the
public, paid by them with a right to efficient and courteous
services. I regret to say that I am tired of receiving telephone
calls both in Pretoria and Cape Town from members of the public,
some pleading and some furious asking whether such and such
offices can not please be asked to at least answer their phones.
As to the fourfold purpose of the meeting my two DDG’s drew
the attention particularly to the instruction received from the
Chairperson that the PFC would like to meet and to discuss. I was
then instructed to give an overview and introduction to the
subjects which could form the foundation for such a discussion
after which time they will engage in particular. Some thoughts
therefore to commence with as follows:
Restructuring of the Department
The term is open to a very wide interpretation and is commonly
used to address issues such as
privatisation of what is not deemed to be core government
responsibility,
affirmative action,
gender equality,
meeting new Departmental responsibilities, and
reshaping the organogram, etc, etc.
It is believed that the latter was really where the focus should
be and to this end an organogram as approved by Minister is
attached to this paper.
The word Minister has a special bearing in this regard as no
organogram changes or changes to the establishment of a
Department may take place without the approval of a Minister. The
Department finds itself presently in the unfortunate situation
where organogram changes had been effected without
Minister’s approval and where more than 150 posts had been
created also without Minister’s approval, many of which had
indeed been filled. In actual fact as a result of all this the
Department can hardly indicate today what it’s approved
establishment is.
It is against this background that Minister instructed to re-look
the organogram and to do a total new establishment determination
for the Department.
At the outset it needs to be emphasised that the nature of the
animal remains unchanged. We are still at civic services and
migration and when Minister then says look at the organogram such
an exercise focuses on best practice. Furthermore an organization
structure must be a living organism and management of a
Department has to take place with this document continuously in
sight.
Apart from what has been said the question remains, what other
reasons exist to relook the organogram
A totally new Immigration Act
Amendments to existing legislation
Devolution of Civic Services
Hanis
Against this backdrop Minister instructed to see the basic
organogram of his Department as being "by and large
reflective of the current structure", which should be
improved within the context of the dynamic change processes
underway.
At the bottom line, the organization which should intelligently
be looked into continuously and consulted on with the Minister
had not taken place and must be placed on track again. The same
applies for the establishment which needs ongoing attention
together with the organogram, especially bearing in mind that the
last establishment determination was done in 1996, whilst
attention should be given to this annually.
Implementation of the Immigration Act.
Before implementation of the new Act we need to have the
following in place
Regulations,
info documents,
forms,
training, both locally and abroad, and
procedure manuals.
This in itself is even a more formidable task than what was the
case with the Act. Teams of staff are attending to this and the
coming weekend will indeed be used for a further workshop on
formulation.
Against the unfortunate background of the lack of participation
by the Department during formulation of the Act it is most
encouraging that staff are at present acclaiming an enthusiasm
for the new dispensation, waiting for its implementation.
Refugee Affairs.
It comes from a difficult transition over the past few years and
lines of communication are also being practiced for delivery
purpose.
It requires dedicated attention as time allows.
A document is attached hereto giving the organogram, the
establishment and reflecting on staff numbers.
Operation of Legal Services Directorate.
The service functions as a Chief Directorate rendering a legal
service to the whole Department. In this regard the formal lines
of communication is also strictly being adhered to.
Appendix 2
STATISTICS
Refugee Appeal Board: 26/08/2002
Old asylum applications:
Finalised - 12 302
Pending - 4 079
New asylum applications:
Finalised - 1 081
Pending - 507
Total
Finalised - 13 383
Pending - 4 586
Pretoria Refugee Reception Office
Applications Finalised: 1 494
Applications Pending: 271
Port Elizabeth Refugee Reception Office
Applications Finalised: 637
Applications Pending: 657
Cape Town Refugee Reception Office
Applications Finalised: 8 812
Applications Pending: 14 586
Durban Refugee Reception Office
Applications Finalised: 1 188
Applications Pending: 2 499
Braamfontein Refugee Reception Office
Applications Finalised: 487
Applications Pending: 16 215