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White Paper set to overhaul migration system, says Motsoaledi

Location: News

White Paper set to overhaul migration system, says Motsoaledi

Home Affairs Minister Dr Aaron Motsoaledi says the recently published White Paper On Citizenship, Immigration and Refugee Protection contains radical proposals that are aimed at overhauling the migration system in South Africa.

Cabinet approved the White Paper on Wednesday, 1 November 2023 for public comment. It was published in the Government Gazette No. 49661 on 10 November 2023, after what Motsoaledi described as a “painstaking exercise of drafting”.

The draft policy aims to provide a framework to guide the granting of residency and citizenship to foreign nationals, as well as the protection of refugees and asylum seekers in South Africa, cognisant of the Republic’s national security interests and in compliance with international agreements and protocols on migration that South Africa is party to.

“There have been consistent loud voices calling for effective policy measures and legislative interventions dealing with migration in South Africa.

“South Africa has different pieces of legislation dealing with citizenship, immigration and refugee protection, namely the Citizenship Act, Immigration Act and Refugees Act, as amended.

“In practice, these pieces of legislation are not in harmony with each other. Piecemeal amendments were made without any policy framework whatsoever,” Motsoaledi said at a briefing in Pretoria on Sunday.

Key proposals

Motsoaledi said one of the chief proposals in the White Paper is that the government of the Republic of South Africa must review and/or withdraw from the 1951 United Nations Refugees Convention (“1951 Convention”) and the 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), with a view to accede to them with reservations like other countries.

“The refugee protection and immigration legislation must provide for reservations and exceptions, as contained in the 1951 Convention and the 1969 OAU [Organisation of African Unity -- now AU] Convention, particularly in that South Africa does not have the resources to grant the socio-economic rights envisaged in the 1951 Convention,” the Minister said.

He explained that the current citizenship legislation has its roots in the 1949 Citizenship Act (“1949 Act”) and other relevant successive laws governing citizenship.

He said the 1949 Act and other relevant laws were not only discriminatory on the basis of race and sex but the “natives” (black people) were totally excluded from the South African citizenship regime.

“The South African Citizenship Act provides for three main forms of citizenship, namely, citizenship by birth, citizenship by descent and citizenship by naturalisation,” Motsoaledi said.

The Minister said the Citizenship Act and Births and Deaths Registration Act must be repealed in their entirely and be included in the single legislation dealing with citizenship, immigration and refugee protection.

“This will remove contradictions and loopholes in the paths towards citizenship, as is now the case with the three pieces of legislation. The criteria for granting any form of citizenship must be strictly in accordance with the law.

“A proper register should be kept for all persons granted citizenship by naturalisation by the Minister. The register must be tabled every year in Parliament by the Minister,” Motsoaledi said.

Immigration

The Minister said South Africa is a great place to live in and many people in the world aspire to live, work or to be citizens of South Africa.

“[As a] result, many foreign nationals come to South Africa and stay in the country illegally. No one can account for all undocumented migrants. The Department of Home Affairs has no idea as to how many illegal immigrants are in South Africa.

“However, Immigration Services deports between 15 000 - 20 000 illegal foreigners every year at a huge cost. This number is on the increase.

“The establishment of the Border Management Authority (BMA) should significantly reduce the risk of foreigners entering the country illegally,” the Minister said.

Motsoaledi said the Border Management Authority Act must be reviewed to align it with Immigration and Citizenship new policy framework.

“The policy framework must provide for the establishment of the Advisory Board, which comprises representatives of the Departments of Trade, Industry and Competition, Labour and Employment, Tourism, South African Police Service, South African Revenue Service, Education, International Relations & Cooperation, Defence & Military Veterans and Director-General of the DHA [Department of Home Affairs].

“The Board must also comprise representatives of organised labour, including four individuals on the grounds of expertise in administration, regulatory matters or immigration law, control, adjudication and enforcement, appointed by the Minister.

“Policy and legislative interventions are required to tighten the procedures and strengthening the monitoring capacity by introducing integrated IT systems capable of flagging fraudulent activities in the issuing of visas, identity documents, marriage certificates and passports.

“This includes giving wide statutory powers to the existing Anti-Corruption Unit within the DHA,” the Minister said.

Motsoaledi said the new policy must provide that members of the Anti-Corruption Unit should be seconded from the South African Police Service (SAPS).

“The rationale being that members of the SAPS enjoy wide statutory powers, including search and arrest without a warrant,” the Minister said.

New legislation, Motsoaledi said, must be introduced to strengthen the powers of immigration officers and Inspectorate, and make continuing training compulsory. The majority of members of the Inspectorate must have legal qualifications and policing experience. – SAnews.gov.za

Edwin
Sun, 11/12/2023 - 13:02

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Read moreWhite Paper set to overhaul migration system, says Motsoaledi

Progress made in the battle against criminality

Location: News

Progress made in the fight against criminality

Government is making inroads into destroying criminal activities as well as syndicates and has vowed to leave no stone unturned in ensuring that criminals are dealt with, says Defence and Military Veterans Minister Thandi Modise.

“We will make sure that as the Justice, Crime Prevention and Security (JCPS) cluster, we create a safe and secure environment for our people to live [in],” Modise said on Friday.

The Minister was addressing a JCPS cluster media briefing to provide progress made in combating organised crime which she said, is a growing concern as it negatively impacts on the livelihood of citizens, the economy and compromises the safety and security of people.

“South Africans have borne the wrath of criminals masquerading in our communities causing disruption in their daily lives. In some parts of our communities, extortion and protection fees demanded by criminal syndicates have become the order of the day.”

She added that infrastructure mafias continue to destabilise the construction industry through intimidation and the threatening of people’s lives.

 “These and other criminal activities have put fear in our people and undermine the authority of the state.”

Operation Shanela

Through the South African Police Services’ Operation Shanela, South Africa has adopted a decisive approach in reducing the high levels of crime.

Operation Shanela is the SAPS crime combating high density operations incepted in May 2023.

 “It is through Operation Shanela, that the South African Police Service (SAPS) has successfully arrested 213 059 suspects for various crimes such as cash-in transit robberies, extortion at construction sites and kidnappings in the past six months.

“During the same period, 2 657 illegal and unwanted firearms were confiscated,” Modise said.

The operation has led to the arrest of 19 299 suspects who were arrested for drug possession while 7 580 were arrested for drug trafficking and dealing in the last six months.

On cash-in-transit (CIT) heists and crimes associated with it, law enforcement agencies continue to make inroads with the police having arrested 75 wanted suspects in the past six months.

“The arrests were made during foiled CIT attempts, during the commission of these crimes and during targeted tracing operations,” she said.

On the drugs front, the latest drug busts are a clear indication that government remains committed to the fight against drug trafficking. Law enforcement is hard at work in identifying emerging trends in the transportation and packaging of these drugs and closing down of clandestine laboratories.

 “It is therefore encouraging that nine drug laboratories worth more than R3 million were dismantled in Gauteng, North West and the Western Cape. In a space of three weeks, police have intercepted large quantities of cocaine in KwaZulu-Natal and the Eastern Cape.

“The latest cocaine consignment was seized last week at the sea port in Gqeberha where R65 million worth of cocaine was seized from a vessel that was coming in from Brazil,” Modise said.

Two other drugs busts were made in KwaZulu-Natal where R150 million worth of cocaine was seized in the space of two days.

With regard to extortion at economic and construction sites, Modise said various threats were identified that impact negatively on the economy of the country.

“From April 2023 to date, 61 suspects linked to these extortions were arrested. Since 2019, 27 accused have already been convicted for a collective 43 years direct imprisonment.”

On kidnapping for ransom, Modise said from April 2023 to date, 98 suspects have been arrested for these crimes and more than 30 victims have been rescued.

The cluster said government continues to deploy Anti-Gang-Unit members in provinces prone to gang violence such as the Western Cape, Eastern Cape and Gauteng.

“190 arrests have thus far been effected in 145 cases,” she said.

Also speaking at the media briefing held in Pretoria was Police Minister, Bheki Cele, who said police operations are continuing to ensure that criminals are flushed out.

“They are interfering with the lives of communities. They are armed, they need to be pursued,” he said, adding that law enforcement has identified some of the people involved in illegal mining and is on their trail.

“Some of these people are from our neighbouring countries and relevant Ministers are dealing with the matter. We are hoping to find a lasting solution to this matter,” he said.

Illegal mining

Responding to a question on illegal mining, Minister in the Presidency, Khumbudzo Ntshavheni, said there is a plan to seal all the illegal mines.

“The Department of Mineral Resources is working on the policy matter to close all the illegal mines in the country,” Ntshavheni said.

Ntshavheni said some of the mine owners can’t be traced.

Modise said in the past twelve months, government has witnessed an increase in incidents where illegal miners held communities at ransom, committing various violent crimes, including murder and rape.

“Illegal mining has also been linked to other organised crimes such as gangsterism, human trafficking, money laundering, dealing in illegal weapons and explosives, tax evasion, illegal immigration and transnational organised crimes,” she said.

President Cyril Ramaphosa has roped in the South African National Defence Force (SANDF) to assist in dealing with illegal mining in the country.  – SAnews.gov.za

 

 

 

Edwin
Fri, 11/10/2023 - 10:24

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Read moreProgress made in the battle against criminality

President congratulates Prof Dire Tladi

Location: News

The Presidency: Republic of South Africa
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President Cyril Ramaphosa offers his warm congratulations to Prof Dire Tladi of the University of Pretoria on his election by the United Nations as a judge of the International Court of Justice.

In May 2023, Cabinet endorsed Prof Tladi's nomination by the South African Government, together with South Africa's membership on the Permanent Court of Arbitration.

The International Court of Justice is the principal judicial organ of the United Nations and one of the six principal bodies of the UN.

The Court's role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies.

The Court comprises 15 judges who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.

Professor Tladi is a leading international law scholar whose accomplishments span different areas of the field, including academic, government service, diplomatic and practice.

He is Professor of International Law at the University of Pretoria and serves as President of the South African Branch of the International Law Association and Executive Member of the International Law Association.

He has served as Chair of the International Law Commission, an organ of the UN generally regarded as a feeder body for the International Court of Justice.

He was previously Legal Adviser of the South African Mission in New York and Special Adviser to South African Ministers of international relations.

President Ramaphosa said: “Prof Tladi's election as a judge of the International Court of Justice is an outstanding personal achievement in which the nation shares with great pride.

“We appreciate the confidence expressed by the United Nations in Prof Tladi's capabilities.

“He becomes the newest member of a fraternity of South Africans globally who are in positions of service to the international community and making important contributions to the better world we seek to build.

“We wish Prof Tladi well as he prepares to contribute to the Court and its jurisprudence from the Palace of Peace in The Hague, Netherlands.”

Distributed by APO Group on behalf of The Presidency: Republic of South Africa.

Read morePresident congratulates Prof Dire Tladi

Law catches up with KwaZulu-Natal man

Location: News

Law catches up with KwaZulu-Natal man

The long arm of the law finally caught up with Gugulethu Wesley Madonsela, who has been on the run for 34-years.

The Durban Regional Court on Thursday convicted and sentenced the 53-year-old to 10 years direct imprisonment for the murder of Siphelele Nxumalo, said the Directorate for Priority Crime Investigation (the Hawks).

Nxumalo was approached by Madonsela and his accomplices who fired at him on a road on 2 February 1989.

“They fired shots towards him and fled the scene. According to the Truth and Reconciliation Commission report, Nxumalo was a United Democratic Front (UDF) activist when he was shot and killed by members of Chesterville A-Team during political conflict between the UDF and Inkatha supporters,” said the Hawks on Friday.

Nxumalo died of multiple gunshot wounds.

A case of murder was reported at the Cato Manor police station and Madonsela was later arrested. He appeared in court and was granted bail.

He then absconded and allegedly fled the country. A warrant of arrest was issued and the case docket was filed.

“Madonsela was on the run since then and he never appeared in the Truth and Reconciliation Commission (TRC).  In July 2023, he was traced and arrested by the Hawk’s Serious Organised Crime Investigation based in Durban that is assigned to deal with TRC cases in the province, then ultimately convicted and sentenced.”

The National Head of the Directorate for Priority Crime Investigation, Lieutenant General Advocate Godfrey Lebeya, has commended the work of the investigation and prosecution team that worked tirelessly on ensuring that Madonsela is arrested and prosecuted. –SAnews.gov.za

 

 

 

Edwin
Fri, 11/10/2023 - 11:55

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Read moreLaw catches up with KwaZulu-Natal man

President congratulates Professor Dire Tladi

Location: News

President congratulates Professor Dire Tladi

President Cyril Ramaphosa has sent his warm congratulations to Professor Dire Tladi of the University of Pretoria on his election by the United Nations as a judge of the International Court of Justice.

In May 2023, Cabinet endorsed Prof Tladi’s nomination by the South African government, together with South Africa’s membership on the Permanent Court of Arbitration.

President Ramaphosa said that Prof Tladi’s election as a judge of the International Court of Justice is an outstanding personal achievement in which the nation shares with great pride.

“We appreciate the confidence expressed by the United Nations in Prof Tladi’s capabilities. He becomes the newest member of a fraternity of South Africans globally who are in positions of service to the international community and making important contributions to the better world we seek to build.

“We wish Prof Tladi well as he prepares to contribute to the Court and its jurisprudence from the Palace of Peace in The Hague, Netherlands,” the President said in a statement on Friday.

The International Court of Justice is the principal judicial organ of the United Nations (UN) and one of the six principal bodies of the UN.

The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies.

The Court comprises of 15 judges who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.

Professor Tladi is a leading international law scholar whose accomplishments span different areas of the field, including academic, government service, diplomatic and practice.

He is Professor of International Law at the University of Pretoria and serves as President of the South African Branch of the International Law Association and Executive Member of the International Law Association.

He has served as Chair of the International Law Commission, an organ of the UN generally regarded as a feeder body for the International Court of Justice.

He was previously, a legal adviser of the South African Mission in New York and special adviser to South African Ministers of International Relations. – SAnews.gov.za

 

DikelediM
Fri, 11/10/2023 - 09:20

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Read morePresident congratulates Professor Dire Tladi

SA to host men’s conference on positive masculinity

Location: News

SA to host men’s conference on positive masculinity

South Africa is to host the 3rd African Union (AU) Men’s Conference on Positive Masculinity later this month, which will provide an opportunity to consolidate bold continental efforts that Heads of State and other sectors have taken towards ending violence against women and girls (EVAWG) in Africa.

Convened under the theme: “Consolidating Commitments Towards the African Union Convention on Ending Violence Against Women and Girls,”  the conference is expected to take place in Johannesburg on 27 and 28 November 2023.

It will provide an important platform to assess progress made by male leadership across respective sectors and to articulate specific priorities to decisively end violence against women and girls on the continent. 

Building onto the critical work undertaken in the previous conferences, the 3rd Men’s Conference will deepen the understanding of structural drivers to take firm actions towards addressing them. 

A focus on deepening an understanding of structural drivers of violence against women and girls on the continent is four-fold, including:
• It serves to emphasise the importance of harnessing law and policy as instruments to accelerate changes that protect women and girls from violence and uphold their rights to life, security, freedom, dignity and physical and emotional integrity.
• It makes the strategic linkages between the lack of economic and financial inclusion with vulnerability to violence and as a form of structural violence itself.
• It develops an African compendium of evidenced-based interventions to prevent violence against women and girls.
• It provides a framework to deeply explore harmful social norms relating to masculinity and violence that have resulted in the normative character of violence – permissive societies across the continent.

It is envisaged that deepening the interlinkages between violence against women and girls, and the wider development challenges African societies face, drawing on both historic and current factors that shape these expressions, provides a deeper foundation from which Africa itself can craft relevant policy and programming responses.

The African Union High-Level Presidential Response to End Violence Against Women and Girls, was established in 2020 with a view to mobilise political commitment and action at the highest level of the AU leadership and decision-making to prevent and end violence against women and girls in Africa. 

The 3rd Men’s Conference is co-hosted by 2023 AU Chairperson, President Azali Assoumani of the Union of Comoros and President Cyril Ramaphosa of the Republic of South Africa.

President Ramaphosa was unable to host the first conference during his chairmanship of the AU in 2020, due to COVID-19 pandemic. 

During his tenure at the helm of the AU, President Ramaphosa highlighted violence against women and girls as a critical challenge impeding development across the continent, and called for the adoption of an AU Convention. – SAnews.gov.za

GabiK
Thu, 11/09/2023 - 11:55

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Read moreSA to host men’s conference on positive masculinity

SA a apt area for investment, says Zikalala

Location: News

SA a good place for investment, says Zikalala

Public Works and Infrastructure Minister, Sihle Zikalala, has assured investors that South Africa has put in place systems, structures and policies that are investor-friendly and is easing ways of doing business.

“As South Africa, we are a story of economic growth, hope and resilience to investors and social partners,” he told investors.

The Minister is on an official working visit in the United Kingdom, where he and a delegation are on a mission to promote South Africa as a preferred infrastructure investment destination. 

“We are open for business and we guarantee your return on investments in a country that is continuously eliminating red tape, has economic stability, improving the ease of doing business and where the rule of law is jealously guarded by our democratic institutions and our courts,” Zikalala said in his address to over 500 global investors in London.

The Minister presented to investors a plethora of infrastructure investment opportunities in areas such as energy, water, transport and digital infrastructure.

He assured investors that President Cyril Ramaphosa is leading the charge for a corruption-free government which honours agreements and contracts with investors.

“The investor environment is one characterised by a commitment to ethics and running a corruption-free administration. An ethical state is essential to assuring investors that their investment is safe from abuse. In addition, we are very clear about the rules of engagement with no other hidden agendas.

“Despite our recent challenges which we are working hard to overcome, such as load-shedding, our economy remains resilient and has enhanced reforms, especially on financing large infrastructure projects where we have opened up space for public –private partnerships.  We are mobilising private sector financing and skills to work with the government of South Africa to fast track delivery and improve contract and project management,” he said.

Policies

At Wednesday’s session, the Minister faced gruelling questions around some of the country’s transformation policies such as Broad-Based Black Economic Empowerment (BBBEE), localisation and the Public Finance Management Act (PFMA), which some perceive to be too bureaucratic and impacts on investor confidence.

The Minister responded by saying that the policies are critical in redressing South Africa’s economic disparities induced by the pain of its history which left many languishing on the fringes of the economy. 

“The South African government is creating a new economic landscape and architecture which is premised on economic inclusion of most of the population.

“Our quest to address the socio-economic imbalances of the past should be no threat to investors but should be part of building a united and democratic South Africa that benefits all its citizens.

“This is a consensus that we have built as a country what we want to be non-racial, non-sexist and democratic with a prosperous population,” said the Minister.

Meanwhile, investors expressed excitement about the vast opportunities available in infrastructure investments.

The Minister invited the investors to visit South Africa and share the country’s major investment platforms such as the Presidential Infrastructure Investment Summit 2024 and the South Africa Construction Week and conference to be announced soon.

He believes the Global Africa Trade Conference is a lucrative opportunity to rebuild South Africa’s economy in the wake of a disruptive pandemic of COVID-19. 

Zikalala is confident that the new frontiers of economic partnerships have been cemented. The Minister will be in the UK until Friday. – SAnews.gov.za

 

Edwin
Thu, 11/09/2023 - 08:57

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Read moreSA a apt area for investment, says Zikalala

Battle against illegal mining receives a boost

Location: News

Battle against illegal mining receives a boost

President Cyril Ramaphosa has authorised the employment of 3 300 members of the South African National Defence Force (SANDF) for service in cooperation with the South African Police Service to prevent and combat crime and maintain and preserve law and order under Operation Prosper.

“Members of the SANDF will, in cooperation with the South African Police Service, conduct an intensified anti-criminality operation against illegal mining across all provinces, from 28 October 2023 until 28 April 2024,” the Presidency said in a statement on Thursday. 

The expenditure expected to be incurred for this deployment amounts to R 492 143 296.

The President set out the employment in a letter to the Chairperson of the National Council of Provinces, Amos Masondo. – SAnews.gov.za

 

DikelediM
Thu, 11/09/2023 - 10:44

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Read moreBattle against illegal mining receives a boost

Meet the stellar line up of judges for the 5th edition of the Twyg Sustainable Fashion Awards

Location: Entertainment, MyPR

For the fifth annual edition of the Twyg Sustainable Fashion Awards, a renowned panel of six local and international judges will bring a strong global perspective to the evaluation process. This will be the second year that this same panel will be judging the awards. “We are confident that this dynamic panel, with wide-ranging and …

Read moreMeet the stellar line up of judges for the 5th edition of the Twyg Sustainable Fashion Awards

Strides being made to claw back against effects of State Capture

Location: News

Strides being made to claw back against effects of State Capture

While the remnants of State Capture continue to impact government and state coffers, progress is being made to bring those responsible to book.

This according to President Cyril Ramaphosa who was addressing the ongoing National Anti-Corruption Advisory Council’s (NACAC) National Dialogue in Gauteng.

President Ramaphosa highlighted that among the billions of Rands that have been retrieved from corrupt elements, at least nine separate court cases, involving 47 individuals and 21 companies, have been brought to court.

“Freezing orders amounting to R14 billion have been authorised by the Asset Forfeiture Unit and a total of R5.4 billion has been recovered and returned to the state. Government departments, municipalities and professional bodies are taking disciplinary action against individuals identified by the [State Capture] Commission.

“The South African Revenue Service has collected R4.9 billion in unpaid taxes as a result of evidence brought before the State Capture Commission. While there is a long road ahead, the fight against corruption is gaining momentum,” the President said.

He highlighted that over the last five years, significant resources have been invested to “rebuild the law enforcement agencies and other bodies that were devastated by state capture”.

“We appointed new leadership with the track record, integrity and capability to tackle crime and corruption. We are now in the process of developing legislation that will insulate the appointment and removal processes for key positions shown to be vulnerable to state capture.

“In 2018, we established the NPA Investigating Directorate to focus on state capture and other serious crimes. We established the Special Tribunal to enable the Special Investigating Unit to fast track the recovery of public funds.

“In November 2020, Cabinet adopted the National Anti-Corruption Strategy, whose six strategic pillars anchor the deliberations of this National Dialogue,” he said.

President Ramaphosa acknowledged that corruption has a significant impact not only on state coffers but in the belief that citizens have in government.

“All South Africans suffer…when goods, services and resources meant for public benefit are misappropriated, mismanaged and stolen and when that happens, it is the poor who suffer most.

“Corruption carries a huge opportunity cost…it imposes a huge burden on the lives of our people. Economic growth is stifled and businesses suffer. Development stalls and institutions across the board – both in the public sector and in the private sector – also fail.

“Corruption has wounded our democracy in a number of ways and has also shaken people’s faith in our institutions. If corruption is not curbed, arrested or stopped, the greatest damage will not be in the funds stolen…or the jobs lost. It will be in damaging our democracy,” he said.

Reflecting further on South Africa’s democracy – which will turn 30 years old in 2024 – President Ramaphosa said next year, both progress and failings will be acknowledged.

“We will…reflect on how far we have come as a country in improving the lives of our people…the quality of their lives and also…in entrenching a culture of democracy and human rights.

“We will reflect on the progressive policies that have enabled millions of our people to be lifted out of absolute poverty and that have provided…basic necessities which they didn’t have…such as housing, electricity, water and other basic services.

“We will also, at the same time, acknowledge where we have not achieved enough, where the expectations and aspirations of our people have not been met. As we consider the great achievements of our democracy, we must be forthright about one of the great weaknesses where we have fallen short and that is with regard to corruption,” the President said.

The President emphasised that the fight against corruption and crime should be taken up by all of society.

“When it comes to criminality, we have 95 000 police in our country [and] we are adding [more]. Between last year and this year we are going to be adding up to 30 000 even next year. But those police will never be in every household, they will never be in every street, they will never be in every locale.

“In the end, the fight against criminality is also a societal one. Quite often…as communities, we know the people that get involved in criminality…and we don’t speak out. It is up to us as well to speak out, to make sure that we root out criminality working together with the police where we become the eyes and the ears of our people as a whole.

“Similarly when it comes to corruption, it is our duty all of us. It is a societal challenge and I hope this summit is going to come up with a lot of strategies and measures that we need to take to push back on corruption and end corruption in South Africa,” President Ramaphosa said. – SAnews.gov.za

 

NeoB
Thu, 11/09/2023 - 09:46

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Read moreStrides being made to claw back against effects of State Capture

Police Committee Resolves not to Include Optional Protocol to the Convention against Torture (OPCAT) Obligations in Independent Police Investigative Directorate (IPID) Amendment Bill

Location: News

Republic of South Africa: The Parliament
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The Portfolio Committee on Police has today resolved not to include the National Preventative Mechanism's (NPM's) preventive monitoring obligations in the Independent Police Investigative Directorate (IPID) Amendment Bill. The committee was of the view that this decision does not cause any prejudice, as the directorate already conducts regular inspection of police cells. The committee took this resolution during its deliberation on the Bill. 

The NPM is an independent mechanism for the prevention of torture, designated or established in accordance with Article 18 of the Optional Protocol to the Convention against Torture Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). In terms of the protocol, state parties are required to establish a system of regular visits to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman, or degrading treatment or punishment. Parliament ratified OPCAT in 2019. However, there is no domestic legislation currently that regulates the NPM.

Furthermore, the committee held the view that because the NPM membership consists of the South African Human Rights Commission, the Judicial Inspectorate for Correctional Services, the Military Ombud, IPID and the Health Ombud, it is desirable to have an inclusive Bill to enforce, observe and promote OPCAT obligations. Therefore, the committee committed to consult and engage with various portfolio committees to discuss legislation dealing with OPCAT obligations to ensure that the matter is not dealt with piecemeal.

Meanwhile, the committee requested the Civilian Secretariat for Police to provide progress on the review of the South African Police Service Disciplinary Regulations to ensure that there is alignment with the Bill. The committee will schedule a meeting and has requested a presentation to address the question of the Minister's role in processing the Bill.   

To highlight the importance of public participation in the law-making process, the committee acknowledged the insertion of various recommendations made during public hearings, particularly in relation to the appointment of the executive director and definitions within the Bill.

The committee will on Friday consider the Bill clause by clause and will next week, on Wednesday, consider the A version of the Bill. 

Distributed by APO Group on behalf of Republic of South Africa: The Parliament.

Read morePolice Committee Resolves not to Include Optional Protocol to the Convention against Torture (OPCAT) Obligations in Independent Police Investigative Directorate (IPID) Amendment Bill

South Africans play a greater role in becoming scam victims than they care to admit

Location: MyPR

South Africans play a greater role in becoming scam victims than they care to admit The South African fraud landscape is becoming increasingly risky as fraudsters and scammers look to target individuals with highly sophisticated scams in an environment where it is becoming increasingly difficult for lawmakers and authorities to bring these criminals to justice. …

Read moreSouth Africans play a greater role in becoming scam victims than they care to admit

Pandor warns of looming genocide in Gaza, calls for immediate cease flame

Location: News

Pandor warns of looming genocide in Gaza, calls for immediate cease fire

International Relations and Cooperation Minister, Dr Naledi Pandor, on Tuesday warned that the crime of genocide “sadly” looms large in the current situation in Gaza, as the conflict between Israel and Palestine continues.  

“We recall that in 1994, a genocide occurred on the African continent, with much of the whole world watching as innocent people were massacred,” she said. 

Pandor, who delivered a statement in the National Assembly explaining the country's standpoint on the war, called for an immediate ceasefire in Gaza and the opening of humanitarian corridors and basic services to allow much-needed aid to reach those that are injured.  

“The actions that we are witnessing daily by Israel are a violation of international law, including the United Nations Charter, the Geneva Convention and all its protocols, and its attacks on and kidnapping of innocent civilians.” 

While she did not mince her words when talking about Israel, she told the Members of Parliament that Hamas has also violated international law. 

“While we express horror at the violence, it is critical that we acknowledge that the illegal occupation of Palestine by Israel for several decades has led to bitter hatred and increased violence, and this violence is not the first violence the people of Palestine have experienced.”

The violation, she said, has been going on for decades. 

“The murder of children of women... is an act that should have resulted in the International Criminal Court issuing an immediate arrest warrant for key decision makers, including Mr Benjamin Netanyahu, who is responsible for violations of international criminal law.” 

According to Al Jazeera, at least 10 328 Palestinians in Gaza have been killed in Israeli attacks since October 7. Meanwhile, the news channel said the death toll in Israel over the same period stands at more than 1 400.

Pandor has once again stressed that the Israeli-Palestinian conflict can only be solved through the establishment of two States, Palestine and Israel, living side by side in peace. 

“The Palestinian State should be created along the lines of the 1967 border with East Jerusalem as its capital, and in line with standing multiple UN resolutions.” 

Pandor believes that for this two-State solution to materialise, a peace process initiated by the United Nations (UN) needs to commence urgently. 

“We are aware that increasing settlements and illegal occupation have been used to make the creation of a Palestinian State almost impossible.” 

Pandor has since outlined concrete actions to end the suffering, including an immediate comprehensive ceasefire and the opening of humanitarian corridors. 

She called on all parties to exercise restraint and to desist from fueling unjust war and human suffering, including by seizing the supplying of weapons to the various parties and for the release of all civilian hostages. 

“Africa seeks the resumption of a comprehensive dialogue led and owned by Palestinians and Israelis themselves and facilitated by the United Nations,” she said. 

In addition, she called for the deployment of a UN Rapid Deployment Force in Palestine mandated to monitor the implementation of a ceasefire, cessation of hostilities and most importantly, to protect civilians. 

“Our common humanity dictates that all human lives matter. The time for the international community to stand together and act is now. We, who enjoy freedom from apartheid, can never ever be the ones who agree to any apartheid form of oppression.

“This brutality should not be accepted. We must call for a ceasefire.” – SAnews.gov.za

 

Gabisile
Wed, 11/08/2023 - 10:19

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Nzimande conferred with honorary professorship

Location: News

Nzimande conferred with honorary professorship

Higher Education, Science and Innovation Minister, Dr Blade Nzimande, has been awarded an honorary professorship by the Beijing Jiaotong University in China.

The awarding of the professorship is in recognition of his contributions to education, and is a symbol of strengthening ties between South Africa and China.

In his acceptance speech, Nzimande said he was deeply honoured and grateful for the honour bestowed upon him by such a prestigious institution.  

“Professor YU Zujun, President of Beijing Jiaotong University and dear colleagues, it is with the greatest humility, cognisant of the significance of the award, and with gratitude for China’s friendship and support throughout my career, that I am privileged to accept the honorary professorship.
 
“This award is further evidence of the enduring friendship between South Africa and China, a strategic partnership in which the Beijing Jiaotong University could play an even more important role that I am determined to help facilitate,” Nzimande said. 

The Minister said the university is a model of excellence in collaboration and innovation. This is demonstrated by the success in combining its capacities in transport systems, information and communication technologies, as well as the economics and management sciences, to support China’s progress in the development of one of the world’s leading rail networks for both passenger and freight transport.  
 
“I am also eager to learn about Beijing Jiaotong University’s success in combining advanced scientific research and post-graduate programmes, undergraduate studies, as well as vocational training in a holistic manner.”

Over the past 120 years, the Beijing Jiaotong University has developed a comprehensive and coordinated education system, with strength disciplines in information and management, characteristic disciplines in transportation, and other diversified disciplines, including engineering, management, economics, science, liberal arts, law and philosophy.
 
The university's position in international rankings of world-leading universities and disciplines is steadily on the rise, maintaining its position in the top 500 in the Academic Ranking of World Universities (ARWU).
 
Currently, the university has 16 888 undergraduate students, 2 763 Doctoral students, 9 933 Master's students, and 3 389 adult college students. The total number of international exchange students amounts to 1 142.
 
The Departments of Higher Education and Training, and Science and Innovation have congratulated the Minister on his conferral of the honorary professorship. – SAnews.gov.za

GabiK
Tue, 11/07/2023 - 10:08

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Empowering women: Turning the tide on GBV

Location: News

Empowering women: Turning the tide on GBV

Throughout our history, organised South African women have proven to be a force to be reckoned with by rising above painful circumstances and empowering themselves to create a brighter future for our nation.

The powerful impact of women on our nation was demonstrated on the 9th of August 1956 when 20 000 South African women marched against discriminatory apartheid laws.

Thanks in a large part to the resilience of women, the pass laws were later abolished and it was proven that when “you strike a woman, you strike a rock”.  Today we applaud the strength, determination and bravery of the women who came before us. Many were harassed, detained and died in their quest for freedom. Their selfless actions helped to pave the path for our democracy and its manifold opportunities.

Since 1994, we have made great strides in gender equality, inclusion and representation of women in all spheres of government, business and civil society. Successive democratic administrations have also sought to empower women through our Constitution, legislation and progressive policies.  

Though we have accelerated opportunities for women, there is still much work to be done and one of the major challenges that persists and affects women is Gender-Based Violence and Femicide (GBVF).

Considering the harmful effects of GBVF and the alarming rate of these cases, it prompts the question of what is being done to overcome GBVF.

The need to empower GBVF survivors led to the establishment of several Thuthuzela care centres across the nation. These centres are part of our toolkit and actions to help prevent, respond to and support rape victims.

Through these facilities, individuals can report rape cases, receive medical assistance and counselling, open a police case and prepare for court. In this way, these centres give power and hope back to survivors by prioritising their needs and helping them heal from past trauma.

Another government initiative helping victims rise from pain into power is the victim empowerment programme, which supports victims through shelters, counselling and life skills that facilitate behavioural change.

The victim empowerment programme is aimed at eliminating all forms of violence against women and children through a collaborative approach.

Given the complex nature of GBVF, government has been working to strengthen the entire criminal justice system.  In this regard, President Cyril Ramaphosa in 2022 signed into law three pieces of legislation to strengthen the criminal justice system, promote accountability across the state and support survivors.

The pieces of legislation includes tightening bail conditions, strengthening parole conditions, ensuring consequences for contravening a protection order, as well as increasing the minimum sentence for perpetrators of sexual offences.   

Through stricter legislation, enhanced policing powers that enable peace officers to arrest perpetrators without a warrant at the scene of domestic violence, and the collaboration of the NPA and courts, women are empowered to take action as we strive to bring perpetrators to book.

Government’s efforts towards tackling the scourge of GBVF continues and currently all avenues are being explored to make attaining protection orders easier.

Alongside government efforts, we also applaud the efforts of the private sector in tackling GBVF. Through the private sector GBVF response fund, we have raised millions to support GBVF prevention programmes, forums, shelters and welfare organisations.

We urge all entities and individuals to continue to work towards eradicating GBVF and to act when they see or know something. One of the ways individuals can assist is through the Bright Sky SA initiative (free mobile application), which helps assess whether someone may be in an abusive situation through completion of a risk assessment questionnaire, as an endeavour to protect them.

We call upon everyone to report GBVF cases to their local police station, toll-free Crime Stop number: 086 00 10111, or via the GBV command centre: 0800 428 428.

Together we can tackle the scourge of GBVF and build the society we want to live in.

*Mnukwa is the Acting Director-General of the Government Communication and Information System (GCIS) 

Matona
Tue, 11/07/2023 - 15:51

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President Ramaphosa appoints Judges to High Court Divisions

Location: News

President Ramaphosa appoints Judges to High Court Divisions

President Cyril Ramaphosa has appointed Judges to the Supreme Court of Appeal, the Gauteng Division of the High Court and the KwaZulu-Natal Division of the High Court. 

The President appointed the following Judges in terms of Section 174(6) of the Constitution of the Republic of South Africa, 1996, and on the advice of the Judicial Service Commission: 

(i) Madam Justice Fayeeza Kathree-Setiloane as a Judge of the Supreme Court of Appeal, with effect from 01 December 2023, in an existing vacancy;

(ii) Madam Justice Anna Maleshane Kgoele as a Judge of the Supreme Court of Appeal, with effect from 01 December 2023, in an existing vacancy;

(iii) Adv Soraya Khatija Hassim SC as a Judge of the Gauteng Division of the High Court, with effect from 01 January 2024, in an existing vacancy;

(iv) Adv Omphemetse Mooki SC as a Judge of the Gauteng Division of the High Court, with effect from 01 January 2024, in an existing vacancy;

(v) Adv Jacobus Johannes Strijdom SC as a Judge of the Gauteng Division of the High Court, with effect from 01 January 2024, in an existing vacancy;

(vi) Adv Brad Christopher Wanless SC as a Judge of the Gauteng Division of the High Court, with effect from 01 January 2024, in an existing vacancy; and 

(vii) Prof Mbuzeni Johnson Mathenjwa as a Judge of the KwaZulu-Natal Division of the High Court, with effect from 01 November 2023 in an existing vacancy.

Furthermore, President Ramaphosa has appointed Justice Mogomotsi Edwin Molahlehi as Deputy Judge President of the Labour and Labour Appeal Courts with effect from 1 November 2023 in an existing vacancy.

The appointment of Justice Molahlehi was done in terms of Section 153 (1)(b) of the Labour Relations Act, 1995 (Act 66 of 1995), acting on the advice of NEDLAC and the Judicial Service Commission and after consultation with the Minister of Justice and the Judge President of the Labour Court. 

In terms of Section 169(1) of the Labour Relations Act, 1995 (Act 66 of 1995), acting on the advice of NEDLAC and the Judicial Service Commission and after consultation with the Minister of Justice and the Judge President of the Labour Appeal Court, President Ramaphosa has appointed:

(i) Madam Justice Madeline Portia Nompi Nkutha-Nkontwana as a Judge of the Labour Appeal Court with effect from 01 January 2024, in an existing vacancy;

(ii) Madam Justice Katherine Mary Savage as a Judge of the Labour Appeal Court with effect from 01 January 2024, in an existing vacancy; and 

(iii) Mr Justice André Johann Van Niekerk with effect from 01 January 2024, in an existing vacancy.

Additionally, President Ramaphosa has, in terms of Section 153(4) of the Labour Relations Act, 1995 (Act 66 of 1995), acting on the advice of NEDLAC and the Judicial Service Commission and after consultation with the Minister of Justice and the Judge President of the Labour Court, appointed the following judges:

(i) Adv Kelsey Allen-Yaman as a Judge of the Labour Court with effect from 1 December 2023, in an existing vacancy;

(ii) Mr Reynaud Neil Daniels as a Judge of the Labour Court with effect from 01 January 2024, in an existing vacancy; and 

(iii) Mr Molatelo Robert Makhura as a Judge of the Labour Court with effect from 1 January 2024, in an existing vacancy.

“These appointments will ensure continuity in the administration of justice at all levels and centres of the judiciary.

“President Ramaphosa wishes the newly appointed justices well as they take up their new roles in upholding the rule of law in the country,” the Presidency said in a statement. - SAnews.gov.za 

DikelediM
Tue, 11/07/2023 - 13:32

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Draft White Paper on Citizenship, Immigration and Refugee Protection approved for publication

Location: News

Draft White Paper on Citizenship, Immigration and Refugee Protection approved for publication

Cabinet has approved the publication of the White Paper on Citizenship, Immigration and Refugee Protection for public comment.

“The draft policy aims to provide a framework to guide the granting of residency and citizenship to foreign nationals, as well as the protection of refugees and asylum seekers in South Africa, cognisant of the Republic’s national security interests and in compliance with international agreements and protocols on migration that South Africa is party to,” Minister in The Presidency Khumbudzo Ntshavheni said on Monday.

The Minister was addressing a media briefing in Pretoria on the outcomes of the Cabinet meeting held on 1 November in Pretoria.

In addition, Cabinet has approved the submission of the Draft African Renaissance and International Cooperation Fund (ARF) Bill to Parliament.

“The bill seeks to amend the ARF Act (Act 51 of 2000) and establish the South African Development Partnership Agency that will serve as a mechanism to support South Africa’s development and cooperation with sister countries through the promotion of democracy, good governance, the prevention and resolution of conflict, socio-economic development and integration,” Ntshavheni said.

Disability rights, 16 Days of Activism

Cabinet has approved for publication in the government gazette the 6th Annual Progress Report on the implementation of the White Paper on the Rights of People with Disabilities.

The publication of the progress report will coincide with the international commemoration of the Disability Rights Awareness Month from 3 November to 3 December.

“The progress report also signals an increase of the minimum employment equity target from 2% to 3% for persons with disabilities, as from the 2024/2025 financial year, towards a minimum 7% employment equity target for persons with disabilities by 2030,” Ntshavheni said.

Meanwhile, this year marks the 25th anniversary of South Africa’s participation in the 16 Days of Activism for No Violence against Women and Children Campaign.

The campaign will take place under the theme: “Accelerating Actions to end Gender-Based Violence and Femicide (GBVF): Leaving no one behind”.

“This global campaign runs from 25 November -- the International Day for the Elimination of Violence against Women to 10 December -- International Human Rights Day. It aims to combat violence against women, whilst upholding human rights,” Ntshavheni said.

Anti-corruption

Following Cabinet’s approval of the National Anti-Corruption Strategy (NACS 2020-2030) in November 2020, government will host the Anti-Corruption Dialogue to mobilise society in the fight against corruption, in line with the country’s National Anti-Corruption Strategy.

The strategy is aimed at creating a corruption-free society, while also encouraging citizens to have zero-tolerance for corruption and abide by the rule of law.

The Anti-Corruption Dialogue will be held on 8 and 9 November 2023 at Birchwood Hotel in Ekurhuleni. – SAnews.gov.za

nosihle
Mon, 11/06/2023 - 14:16

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SA recalls diplomats in Israel for consultation

Location: News

SA recalls diplomats in Israel for consultation

Cabinet has decided to recall all South African diplomats from Tel Aviv for consultation. 

“Cabinet is disappointed by the refusal of the Israeli government to respect international law and its continued undermining of the United Nations resolutions for the implementation of a ceasefire with impunity,” Minister in The Presidency Khumbudzo Ntshavheni said on Monday.

Addressing a media briefing in Pretoria, Ntshavheni said the humanitarian corridors for the people of Palestine remain closed, with dire consequences for children, women and innocent civilians.

“The genocidal airstrikes by the government of Israel on the people of Palestine continue, with a rising death toll that includes women and children.

“In the last two days, the world has sat helplessly and watched as intensifying airstrikes on Gaza and the West Bank have destroyed schools, health facilities, ambulances and civilian infrastructure, and supposedly safe roads travelling to the South of Gaza,” the Minister said.

"For these, the Cabinet has decided to recall all South African diplomats from Tel Aviv for consultation."

According to the latest data, the Department of International Relations and Cooperation (DIRCO) said at least 9 227 Palestinian civilians have been killed in Israeli attacks on Gaza since 7 October.

Meanwhile, more than 1 400 Israelis, including settlers and soldiers, have been killed in Israel.

Cabinet also noted with disquiet the continuing disparaging remarks of the Israeli’s ambassador to South Africa, Eliav Belotsercovsky, against South Africans, the leadership of South Africa both in and outside government, including civil society, who are speaking against the holocaust being committed by the Israeli government against Palestinians.

“The disparaging remarks of Ambassador Belotsercovsky are contrasted by the statements of two former Israeli ambassadors to South Africa (Illan Baruch and Dr. Alon Liel), who have been consistent in describing the actions of their government against Palestinians as apartheid.

“The disparaging remarks against those speaking up against the atrocities and the country’s leaders make Ambassador Belotsercovsky's position more and more untenable.

“As such, Cabinet has directed the Department of International Relations and Cooperation to convey the South African government displeasure with the ambassador formally through diplomatic channels,” the Minister said.

Minister Ntshavheni was briefing the media on the outcomes of the Cabinet meeting held on 1 November. – SAnews.gov.za

nosihle
Mon, 11/06/2023 - 14:37

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Read moreSA recalls diplomats in Israel for consultation