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National Gazette No. 40847, 19 May 2017, Vol 623, Page 88
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National Gazettes
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40847
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Department
Home Affairs
Notice
Page No. 12 of 31,
Notice No. 442,
Constitution of the Republic of South Africa (108/1996) » Discussion paper on the repositioning of the Department of home Affairs
Preview / 88 of 556
2 Policy anD legislation 88 No. 40847 GOVERNMENT GAZETTE, 19 MAY 2017 2.1 Situational analysis The policy challenge • The Department of Home Affairs (DHA) cannot deliver against its full mandate, which is to manage identity and international migration effectively to empower citizens and to be a critical enabler of economic development, national security and efficient government. • The reason for this is that the DHA is functioning with a legacy of staffing, security, systems and funding that is not aligned with its mandate in a sovereign, democratic state. • A policy framework is needed that provides a clear understanding of the mandate and importance of the DHA and guides the drafting of enabling legislation. 2.2 Background The DHA was not established through an act of parliament, and it does have an overall policy framework set out in a White Paper and enabled by a Home Affairs Act, such as the Correctional Services Act, 1998 (Act No. 111 of 1998). Only one of the Acts it administers had a White Paper that provides an extensive policy framework – the 1999 White Paper 9 on International Migration that has been replaced by the 2017 White Paper . This lack of attention to policy is further evidence that the DHA has been positioned on the periphery of the state, as a routine administrative department that is not strategic. One consequence of this situation is that the full mandate and importance of the DHA is not generally understood and agreed on. The specific gaps in policy and legislation have also had a negative impact on the country and on people’s lives. With regard to immigration, after the 2008 attacks on foreign nationals and South African migrants, Cabinet responded with the decision that a complete review of immigration policy was needed. A policy Directorate was established and after an extensive process of research, as well as internal and external consultation, a new Green Paper on International Migration was published in June 2016 and a new White Paper will be published in 2017. Regarding civil registration, as detailed in Chapter One, from 2010 a large effort has been made to establish a credible National Population Register. The DHA arrived at a clear understanding that its most critical mandate was to be the guardian of the unique identities and civil status of the citizens who constitute the nation. This led to the reformulation of its vision as: “A safe, secure South Africa where all of its people are proud of, and value, their identity and citizenship.” To achieve this vision, the DHA initiated the transformation projects that are outlined in Chapter One. There are five underlying principles that were used to define the mandate of the DHA. These principles evolved during a process of reflection, experience, research and engagement, which included national and international partners. A. Identity and migration are fundamental aspects of human society and history. Neither the state nor society in general can function if individual identities are not known – and not only because they are the basis of all contracts and many critical systems. The need to migrate is equally fundamental. All societies have been formed by people who have moved to find security and resources. Movement of people and the related flow of ideas, technology and other elements of culture, have been and still are essential to human development. B. The DHA is responsible for functions that support core constitutional principles. Only Home Affairs has the legal authority to affirm a citizen’s official identity and status, and to allow anyone to enter or leave South 9 The 2017 White Paper on International Migration has been approved and is being prepared for publication. 12
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