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National Gazette No. 40847, 19 May 2017, Vol 623, Page 88

20170519 - National Gazette No 40847 of 19-May-2017, Volume 623, page 88

Page	88 of 556
Gazette	National Gazettes, No 40847, from 19 May, 2017
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

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                on International Migration that has been replaced by the 2017 White Paper .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.
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