Report: Visit to SADC countries, dated 25 September 2001:
A. Introduction
As part of our Committee's role of exercising oversight over the process of developing a new Immigration Policy for South Africa and to better understand Home Affairs issues, especially in respect of land border posts, airports and seaports as vital points of entry that are targeted by illegal immigrants, as well of contribution and, allegations of corruption, and the exploitation of the VAT system, we visited:
* Namibia
* Botswana
* Zimbabwe
* Mozambique
1. The aim of the visits was to:
(a) Gain first-hand knowledge of specific migration problems that are being experienced by the various countries and its impact on South Africa
(b) Better understand the problems that face border posts in the various countries and its impact on South Africa
(c) Find common solutions and mechanisms to deal with the migration problems of the region and the country
(d) Gain general insight into the SADC region's situation regarding migration and the movement of people
(a) Apply the knowledge that was gained in order to consider the Immigration Bill from an informed position
In all the countries, we gave special attention to ports of entry, such as land border posts, air and seaports. The information that we gathered will help us to formulate a practical and workable immigration policy.
2. Composition of delegation
The delegation under the leadership of Mr D A Mokoena (ANC), included Mr W M Skhosana (ANC), Mr K W Morwamoche (ANC), Mr P M Mathebe (ANC), Mrs C I Gcina (ANC), Mr M R Sikakane (ANC), Mr G A J Grobler (DP), Mr M Waters (DP), Mr F Beukman (New NP), Prince N E Zulu (IFP) and the Committee Secretary, Mr J F Vermeulen.
B. Approach
Information was obtained by interviewing Immigration Officers, Departmental Officials, politicians, the police, Customs and Excise Officials in the countries that were visited.
The information in this Report under "Findings" contains information as it was conveyed to the Committee. The evidence gathered should not necessarily be seen as the view of the Committee. The Committee's views are reflected under "Conclusion" and "Recommendations".
C. Findings - Namibia
The delegation held meetings in Namibia between Monday, 30 July 2001 and Thursday, 2 August 2001. Meetings were held in Windhoek and Walvisbay as follows:
Meetings were held with various role players who explained migration problems in Namibia, as follows:
1. South African High Commissioner to Namibia, Mr C Nkondo and his staff on migration in Namibia
(a) There are very few Namibians who migrate to South Africa and there are also few South Africans that migrate to Namibia, although there are no official statistics.
(b) The trafficking of drugs through Namibia to South Africa and cash in transit heists are on the increase.
(c) Many Taiwanese, Chinese, Indians and Angolans regard Namibia as the best springboard into South Africa.
(d) Many Chinese are settling in Namibia and Chinese shops are mushrooming all over Namibia.
(e) Some Namibians regard South Africa as "big brother" and are negative toward South Africans. South African citizens struggle to get work or permanent residence permits in Namibia.
(f) There is a very large refugee camp near Otjivango with mostly Congolese and Angolan refugees. There is also a refugee camp near Osire.
2. Namibian Parliamentary Standing Committee on Security and Standing Committee on Governmental Affairs
(a) Namibia has an Immigration Act that was passed in 1990 and it has been amended twice.
(b) There are thousands of Refugees from the North of Africa even Sudan.
(c) There are about 200 000 refugees in the Osire Refugee camp 25 kilometers from Windhoek. Many are from Angola. Economic refugees do not want to stay in the refugee camps but want to go to towns to work.
(d) Namibia and South Africa share common migration problems. Both countries have long borders that are difficult to control. On the border of Namibia and Angola there are families and tribes that live on both sides of the river. The river divides the tribe.
(e) Especially Angolans come to Namibia for medical attention, education and work. There are no fences between the Namibian/Angolan border and people cross as they please. It is legal to cross the border and stay within a 60 km radius of the border without a permit. There are not enough resources to guard the 1000km border. Namibia had a major car theft problem recently from migrant thieves.
(f) Some hospitals in Northern Namibia are 60%-70% filled with Angolan patients. Some Angolans even draw a pension in Namibia. During the Namibian war, Namibians crossed to Angola in large numbers and Namibia now feels obliged to help Angolans who cross to Namibia. After the war, some Angolans even acquired Namibian identity cards. Namibia had serious backlogs in the issuing of Identity Documents (ID) some time ago. The voters' roll is outdated and many people still have no ID.
(g) Drug smugglers use Namibia as a springboard to South Africa.
(h) The Namibian government is concerned about the large numbers of Chinese in the country. Some of them smuggle goods into the country by bribing officials and evading customs duties and taxes. Some Chinese people even kill rival Chinese. Chinese shops are everywhere and they sell low quality goods.
(i) Foreign companies, especially in the building and fishing industries, who use foreign labour at the expense of locals, created many problems. Petty criminals from China were used as cheap labour especially in the building industry.
3. Namibian Customs, Immigration and Police Officials
(a) Immigration
* Namibia deports ten to fifteen thousand people per year and this is costing the country a lot of money. People are even deported as far as China and America.
* Namibia needs skilled labour from other countries and preference is given to citizens from SADC countries when Namibia wants to contract foreign skilled labour.
* Namibia also does not allow dual citizenship and experiences many problems with farmers who stay on the border and retain passports from both Namibia and South Africa in order to avoid paying for study permits for their children who study in South Africa.
(b) Customs and Excise
* The Namibian Customs Officials said that an aggressive customs oriented strategy was very important to educate the public. This was achieved by providing the public with information documents.
* Admission of guilt fines on minor customs fraud can be paid.
(c) Police: Commercial Crime Unit
* There are many counterfeit Rand notes in Namibia.
* Syndicates steal traveller's cheques in South Africa and cash them in Namibia.
* Syndicates defraud people with "Nigerian letters". These letters are faxed to Namibia from South Africa.
* Vehicles stolen by syndicates in South Africa are brought to Namibia. Namibia is then used to register the stolen vehicles after which the vehicles are taken to Angola. It is very difficult to detect the syndicates because when the Namibian police run a computer test, they find that the vehicle is not stolen. They said that they have reason to suspect that the registration authority in South Africa could be bribed by car theft syndicates. If the theft of a vehicle is registered late on computer, it could provide the syndicates with enough time to get stolen vehicles to Angola.
* Some South African citizens also come to Namibia and sell vehicles to Angolans. They then fly back to South Africa and report the car that they sold as stolen, in order to get insurance money. By that time the vehicle is already in Angola. Some Angolan police are involved in the fraud. From past experience, the Namibian police said that they could not get stolen vehicles back from Angola even when they could prove that the cars were stolen.
* Cannibas is transported from South Africa to Namibia. Designer drugs such as heroine and cocaine are also coming to Namibia in larger amounts. Market growing for cocaine and heroine.
* Namibian laws are too outdated to deal with crime syndicates. There are also not enough resources to do proper container searches at border posts. No laws in Namibia to allow to investigate suspects - can only do surveillance. Also no organised crime or money laundering legislation. No anti-corruption office or legislation.
(d) Walvisbay Airport, Mr D Booysen, Airport Manager; Mr S Mulundu, Senior Immigration Officer and Mr R Strong, Acting Controller: Customs and Excise
* The Namibian law is outdated and counterfeit goods are not illegal as in South Africa.
* Some importers sometimes package cigarettes as something else in order to evade the paying of duties. Also import low quality cigarettes.
* The Chinese mafia and some Chinese business people undervalue goods that they import.
(e) Walvisbay Harbour, Mr Hengari, Port Operations Manager: Namport; Mr Muttotta, Head Maritime Directorate: Namport; Capt van der Meer, General Manager: Port Authority Division, Namport
At the harbour, customs, immigration and police run their own shows respectively and are not connected to Namport. The Namibian Ports Authority is a fully commercialised government entity that took over from Portnet in 1994.
15 - 20 Stowaways per year at the port. Ships have to cover cost of deportations.
D. Findings - Botswana
Botswana has a population of about 1.6 million people. There are 40 members of Parliament plus 4 specially elected members. There is also a house of Chiefs which act in an advisory capacity to Parliament. It is also a country with very extensive borders that are hard to patrol.
The delegation held meetings in Botswana from Friday, 3 August 2001 until Saturday, 4 August 2001. Meetings were held in Gaborone and at various border posts where the delegation was told about migration and related problems, as follows:
1. Ms T Lujabe-Rankoe, South African High Commissioner to Botswana
(a) There are four commercial border posts between South Africa and Botswana.
(b) There is a need for more commercialized border posts.
(c) Officials on the South African side of border posts have no discipline and are inefficient. There was recently a problem when the President of Botswana wanted to cross a border post after the official closing time. Officials on the South African side wanted to know who was going to pay for their overtime.
(d) Recently a bus that was transporting handicapped schoolchildren broke down. The bus reached Kopfontein border post at 22:07. That is 7 minutes past the official closing time. Officials on the South African side of the border post did not want to let them through and they had to sleep in the bus until the next morning. The next morning they were only helped 2 hours after official opening time.
(e) Investigations into misconduct by staff members in the Department takes too long.
(f) The buildings at border posts need to be upgraded and computers should be functional.
(g) The system of claiming VAT refunds at border posts causes delays.
2. Minister D Kwelagobe, Minister of Home Affairs and members of Botswana's Parliament
(a) Unco-ordinated times of open border posts between South Africa and Botswana should be addressed.
(b) Martins drift closes at 16:00 and there is a need to extend the hours of operation.
(c) Not all border posts have customs facilities and Ramatlabama (commercial border post) is too far from some towns for people to go there just too declare a vehicle or shopping.
(d) 4 Families on both sides of the border fence cross illegally as they have to travel too far for permits.
(e) When South Africans come to Botswana they are given a 90-day visit permit; but when Botswana citizens go to South Africa, they are only given a 30-day permit. This inequality should be addressed as permit extensions cost money.
(f) The maintenance of the fence along the South African/Botswana border is poor, and it encourages stock theft. Stock theft along the border is rife and in the Kalahari area it is difficult to get stolen stock back to Botswana. It is alleged that the South African police collude with thieves. Even if 10 cattle are identified as stolen, only half will be returned. Always forgo a few. If stolen cattle is found on the Botswana side, they are all returned.
(g) Game poaching is also rife on the banks of the Limpopo.
(h) Agreements between South Africa and Botswana are difficult to implement. It was agreed that bridges should be built at 3 border posts. For example at Swartkopfontein it is impossible to cross after heavy rains. Another example is Pontsdrif that is an important crossing for a big diamond mine in the area. But now South Africa is saying that the bridges are not commercially viable.
(i) Ramatlabama is a very busy commercial border post, on the Transkalahari highway, but it closes at 20:00. Makgobistad closes at 16:00 but it would be better to close at 19:00 or 20:00. Extended hours of operation needed.
(j) Also need South African revenue collection facility at Makgobistad as even corpses are turned back to go through Ramatlabama to be declared. The non-establishment of South African revenue services contributes to problems at border posts. There are currently only 4 border posts with such facilities. Even when people carry very small parcels, they cannot cross at non-commercial border posts. They then jump the fence, rather than going on a detour.
(k) Botswana citizens experience real problems to pay for medical insurance when they study in South Africa. South Africa demands that foreign students who study there, should have medical insurance. Poor people really struggle to pay for such medical insurance.
(l) A contact-forum between Home Affairs Ministers do exist. Botswana also have a local working Committee at border post and regional level that reports to the Minister. The Ministers' meeting with Dr Buthelezi never materialized as he never has time to meet. Supposed to meet once a year.
(m) There was a influx from the Far East into Botswana, and now the government insists that they apply for visas in Beijing before entering Botswana.
(n) Minister Kwelagobe said that they propose a register for Chiefs that will provide a form of border control. On this system, Chiefs will keep a register of their tribe members and their crossing to South Africa.
(o) Introduced an investment code recently for foreign investors. A person is recognised as an investor when he or she brings a certain amount of money into Botswana. A potential investor should also prove that he or she has a viable project, and then Home Affairs will process the necessary permits.
3. Ramatlabama border post
(a) This is a commercial border post between South Africa and Botswana that opens at 06:00 and closes at 20:00.
(b) The staff complain that the building is very cold in winter and that rain causes power cuts - also generator problems.
(c) Ms M Motwe from South African Revenue Services (SARS) at the border post said that SARS, Home Affairs and the Police Service are equally responsible for the border post but that they have never been told who is the top authority at the border post. When they have meetings they have a rotating Chairperson. To take a decision for instance to stay open late should be made collectively.
(d) It was suggested that all border posts should stay open later.
(e) The public toilets at the border post are an absolute mess and not fit for human usage.
(f) The security inside the buildings is poor and there is no security glass on the counters to protect officials.
4. Botswana side of Ramatlabama border post
(a) The main complaint was that the border post should have extended hours of operation. Sometimes people get stranded due to the closure of the border post.
(b) A complaint was also raised about the poor state of the fence around the border post.
(c) Officials also said that the South African side had no clear line of commandment and that it created problems.
(d) Monthly meetings at border level - interstate once a year.
5. Skilpadshek border post
(a) The head of the border post was apparently ill at the time of the Committee's visit. Six immigration officers work here and and they work in shifts of 2 at a time.
(b) Home Affairs has no telephone or fax facilities.
(c) Discipline seems to be slack as the delegation was subjected to behavior that is inconsistent with Batho Pele principles. We do not want to give more details about this, as we do not intend to target individuals. This is also the fruit and not the root of the problem. The root problem is that officials should know who the final authority is at any border post.
6. Kopfontein border post
(a) This is the border post where the handicapped schoolchildren had to sleep overnight in their bus. The Chief Immigration Officer was not on duty at the time of the Committee's visit and we interviewed the senior immigration officers who were present. We also interviewed Inspector Maotwe and Inspector Tshotshe from SAPS and Mr Seamela from SARS.
(b) Inspector Tshotshe said that the border post closes at 22:00 and that special arrangements have to be made in advance for late entry. If an arrangement is in place they will stay open later he said. Commanders stipulate procedure and requests for late entry must be made in writing. He also said that he was not aware of the incident that took place there but he apologised for it.
(c) Mr Seamela from SARS said that Kopfontein was a very busy commercial boder post. They experience many problems with people not wanting to pay VAT on goods. They have a large amount of detained goods at the border post. Detained furniture is stacked even in the passages.
7. Botswana side of Kopfontein: Tlokweng border post
(a) Tlokweng border post is on the Botswana side of Kopfontein. The building is very impressive compared to the building on the South African side.
(b) The Botswana immigration officials said that there was no co-operation from South African immigration officials, for example: people come through the South African side with other peoples Passports. Customs on the South African side seem to be in cahoots with fraudulent practices such as under-declaration and under-valuation of goods. VAT is also refunded on the South African side before goods are even cleared on the Botswana side.They also said that the South African movement control system is outdated.
(c) More SARS services are required and the hours of operation at the border post should be extended.
8. Groblersbrug border post
(a) This border post opens at 08:00 and closes at 18:00. We were told that it is becoming increasingly busy and the hours of operation should be extended. More staff would then be needed and they should be provided with proper accommodation.
(b) We saw the first sign of upgrading of buildings at South African border posts here.
(c) Illegals who cross into South Africa here are mostly from Zimbabwe. 56 Illegal immigrants were arrested here in December 2000.
(d) 35 000 people use the border post per month.
(e) There are no more army patrols as in the past.
(f) Officials complain about lack of human resources, poor buildings and facilities.
(g) They also say that they have never been inspected since 1998 by head office.
(h) Work well with counterparts in Botswana.
(i) Need adequate staff housing at border post.
9. Martinsdrif border post (Botswana side of Groblersbrug)
(a) A new facility to house immigration staff is nearly completed and the facility is very modern and spacious.
(b) The Botswana Immigration Officials say that they have joint working group meeting with their counterparts in South Africa.
(c) They also say that the bridge that links South Africa and Botswana will be renovated. The bridge will be widened in order to accommodate 2-way traffic and the arches will also be cut off as they are too low.
(d) They proposed that the border post should be open 24 hours.
(e) The border post is mostly used by tourists and for commercial crossings.
10. Dukwi Refugee Camp
Some members of our delegation made a brief stop-over at the Dukwi Refugee Camp. This Camp historically has been a haven of many South African exiles. There were emotional scenes characterised by nostalgia when one of our delegates, the Honourable Chief Piet Mathebe, identified and went into a dwelling where he has lived. He spoke with the occupants who had fled from Somalia. As it was on a Sunday, we joined a highly spirited church service of Refugees from all over Africa. They honored us by giving us an opportunity to say a few words after which we made personal donations. Needless to say the refugees were greatly encouraged and impressed with our visit. This serendipitous encounter with the refugees at Dukwi deepened our understanding of the plight of refugees. We appreciate the harborage given by the Botswana Government and the subventions of the United Nations High Commission for Refugees.
E. Findings - Zimbabwe
Zimbabwe has a population of about 12 million people. South Africa is connected to Zimbabwe with the Beitbridge border post, and this is one of the busiest border posts in Southern Africa. Zimbabwe has a total of 24 border posts.
The delegation held meetings in Zimbabwe Monday, 6 August 2001 until Wednesday, 8 August 2001. Meetings were held in Victoria Falls, Harare and at Beitbridge border post.
1. Mr Bazwi, Chief Immigration Officer, Victoria Falls
(a) There has been a 60% decrease in tourism since the start of the land problems. Unemployment is high but migration to South Africa is undocumented.
(b) Because of our credible passport system, people move illegally.
(c) Our passport system is very strict and it takes about three months to be issued. A normal passport costs 500 Zimbabwean dollars.
(d) No dual citizenship is allowed in Zimbabwe.
(e) Foreigners must have scarce qualifications in order to be granted with work permits.
(f) Investors with 5 million US $ gets permanent residence and waits 5 years for citizenship.
(g) There are refugee camps in Zimbabwe and the Zimbabwe Refugee Committee is the determining body for refugee status.
(h) Waiting for SADC protocol on movement of goods and people to be finalised.
(a) Previous immigration law was based on control but now selection committees are responsible for determining applications based on skills. In 1996 the old act was reviewed and discriminatory clauses were removed. The aim is that foreign skills should come into Zimbabwe and train locals. The policy is not to permit foreigners to work in Zimbabwe for longer than 3 years. Foreign investors are allowed to apply for permits and to await the outcome of such application from within the country.
(b) Marriages of convenience are prevalent. On one Friday 75 civil marriages were registered. Some even pay Lobola to make the marriage look authentic.
(c) It is not really possible to enter into fraudulent customary marriages. The community involvement is too high and fraudsters will be exposed.
(d) Zimbabwe is under pressure to relax visa regulations on tourism countries.
(e) Zimbabwean Refugee Law is very liberal and recognized refugees can take up employment. There are about 5000 recognised refugees in Zimbabwe.
(f) They are housed in 5 holding camps while they await the outcome of their asylum applications. Most of the camps are close to Mozambique. The United Nations High Commission on Refugees assists refugees through grants. Mr Mokwadi said that he did not know what measures were in place to stop the grants once refugees were employed.
(g) Skilled people are leaving Zimbabwe, especially since the start of the land crisis.
(h) There are many Zimbabwean doctors in South Africa. Many Zimbabweans work on South African farms.
(i) People who hold Temporary Residence Permits in Zimbabwe are mostly from South Africa, England, United States of America and Scandinavia. There are also Tanzanian and Kenyan professionals in Zimbabwe.
He also said that the following key challenges are facing Zimbabwe:
(j) To open more border posts.
(k) Incentives and ways to attract skills to the country.
(l) To manage the high outflow of skills out of the Department of Home Affairs.
(m) To cope with the small staff compliment of 300 people in the Department of Home affairs.
(n) The development and review of Immigration legislation.
(o) Investors to be granted Permanent Residence straight away.
4. Zimbabwean Parliamentary Committee on Defence and Home Affairs
(a) Cross border crime is rife and the police and immigration officials have inadequate resources to fight sophisticated crime syndicates. Stolen cars cross borders amazingly quickly.
(b) The housing for police at Beitbridge is inadequate. They stay in old horse stables and old police cells that have been converted. Many police officers die of Aids and this problem is burdening the State. It is difficult to issue death certificates due to so many Aids deaths clogging the system.
5. Minister J L Nkomo, Minister of Home Affairs, Zimbabwe
(a) As the Minister of Home Affairs Minister Nkomo is also responsible for Security and Order in Zimbabwe.
(b) Britain has never made money for land resettlement available as they promised even after the signing at Lancaster House. 32 million pounds was promised by Britain, but now the new Labour Party does not want to honor the Conservative Party's commitment. If the commitment that was made at Lancaster house were honored, there would have been no land crisis in Zimbabwe.
(c) The government agreed with farmers on a willing buyer willing seller clause when they discussed land redistribution, but after the agreement farmers were unwilling to sell land. In 1998 agreed with farmers that the situation should be reviewed.
(d) The government intends to redistribute 8 million hectares of land and leave 4 million hectares for commercial farmers. Government also established a joint distribution Committee with farmers. Most commercial farms only utilize 30% of the land.
(e) The government does not want people to invade farms and land not identified for redistribution will be left alone. There will also be no new farm invasions. Government lost control when invasions started but will not allow it to happen again. The absence of definitive laws/legal instruments causes problems for the country as 3/4 of the Law and Order Act, was declared Unconstitutional. There is thus no law that addresses the Zimbabwean situation adequately at present. The government is battling to be in control.
(f) Fake travel documents are rampant and many drug syndicates operate in the country.
(g) 90% of companies in Zimbabwe have their origin in South Africa.
6. Beitbridge Border Post, Mr Chitsaka, Principal Immigration Officer; Mr Y Jacob, Head of Customs, Zimbabwe; Mr J Moyo, Regional Commissioner, Customs; Mr L Ndlovu, Customs, Mr Ngoma, President's Office, Zimbabwe
(a) This is a commercial and the busiest border post in SADC and commercial clearing takes place between 08:00 and 18:00.
(b) The border is too long to be effective and illegals cross regularly.
(c) 1 000 vehicles cross into Zimbabwe every day and 1000 into South Africa. It means that 2000 vehicles use Beitbridge every day.
(d) Young people enter South Africa legally and then they look for work in South Africa and do not return to Zimbabwe. Women who use border passes and farm laborers tend to return to Zimbabwe.
(e) Corrupt practices are rife at the border post but monthly liaison meetings are held with South African counterparts in an attempt to co-operate and solve problems at border post level.
(f) Queues are too long and the answer might be to open the border post 24 hours. It will also prevent trucks from staying overnight at Beitbridge. The concept of a one-stop border post should be considered seriously. This would mean that South African and Zimbabwean operations would be merged. This could be more cost effective and would save a lot of time. The border post will be more efficient. The Zimbabwean side presently not computerized. This makes it more difficult for example to ensure that vehicles that cross are not stolen.
(g) South African side of Beitbridge Border Post
We were glad to see a big team from the South African Revenue Services deployed here. The whole atmosphere was different than the time of our previous visit. Everything seemed to run smoothly and security was also much better than during our previous visit.
F. Findings - Mozambique
Mozambique has a population of about 18 million people. South Africa is connected to Mozambique through the Komatiepoort border post, and this is one of the busiest border posts in SADC.
The delegation held meetings in Mozambique from Thursday, 9 August 2001 until Friday, 10 August 2001. All meetings were held in Maputo.
1. Mavalane International Airport, Maputo
(a) Mavalane airport is the largest airport in Mozambique. 350 people are employed there, of whom 163 work directly for the airport. The rest work for companies who operate at the airport. It is also open 24 hours a day.
(b) A committee on facilitation and security deals with migration and customs issues. Just like other airports not all passengers are searched upon arrival. Searches depend on information received and where the flight is from. They are busy to establish the 2-tier system of the red and green line, as at most other international airports. This system works on the principle that a domestic passenger who returns from abroad should choose either the green or red channel. The passenger chooses the appropriate channel if something is to be declared or not.
(c) There are no sniffer dogs at the airport.
(d) There is a system whereby passengers from countries that have no Mozambican Embassy, can obtain a visa upon arrival at the airport. Illegals try to abuse this system. Most illegals are from Pakistan, Nigeria and the Great Lakes region. They use Mozambique as a transit to South Africa, but Mozambique is also cheaper to live in than the Great Lakes region.
2. Y J Duarte, South African High Commissioner to Mozambique
(a) The Komatipoort border post between South Africa and Mozambique is very busy. South Africa exports goods to the value of R5 billion to Mozambique per year. Mozambique only exports goods to the value of R380 000 to South Africa per year. The imbalance is very big. South Africa is Mozambique's prime resource for goods and services.
(b) South Africa repatriated 180 000 Mozambicans in 2000 compared to 60 000 Zimbabweans. There are many Mozambicans in South Africa with false documents. Some even draw pensions in South Africa.
(c) The South African High Commission in Maputo receives 500 - 800 visa applications per day. Mozambicans go to shop in Nelspruit and Nelspruits' economy will not survive without Mozambican trade. People follow goods, that is why they shop in South Africa.
(d) The closure of the Mbuzini Tunnel caused many problems as the fence divides the Mahlalela tribe. Since the closure of the tunnel, they have to take a detour to visit across the border.
(e) South Africa cannot scrap Visa requirements for Mozambicans. The next step should be a SADC visa and prospect of no Visa should be a future vision.
(f) 8 000 - 9 000 Mozambican children school in the Komatiepoort area. 12 000 children from the Gaza area school in South Africa.
3. Minister A Manhenje, Minister of Interior and Defence
(a) Mozambique does have an Immigration Bill but the region needs a common approach to migration at SADC level.
(b) Did meet with Minister Buthelezi to discuss migration issues.
(c) Mozambique is in favor of moving step by step in the process to remove restrictions regarding the movement of SADC citizens.
(d) Many Mozambicans want to go to South Africa, as they believe that people get rich quickly there. Mozambique wants to stop illegal crossings to South Africa, but employment in Mozambique is scarce.
(e) Migration to Mozambique is not from SADC countries but mostly from Somalia, Nigeria, Congo and Angola. These migrants are mostly economic refugees.
(f) The split tribe issue should be resolved, not manage to do so yet. Swaziland and Tanzania established free movement for split tribes to attend funerals etc. The Minister said that in southern Mozambique he saw South Africans in traditional clothes at a function that see themselves as part of a tribe who live in Mozambique. The leader of this tribe lives in Swaziland. He said that they try to facilitate the movement of such tribe members.
(g) Mozambican law does not allow dual citizenship.
4. Maputo Harbour, Mr. S Ndlovu, National Director of Shipping and Ports, Mozambique
(a) Stowaways are mostly from Tanzania and Kenya, and they usually want to go to South Africa. Some think that Mozambique would provide a better life than the Great Lakes region. Some attempt to go to the United States of America and Europe.
(b) It is difficult to inspect goods in transit, as international law does not allow one to inspect goods in transit.
(c) Mr Ndlovu said that Mozambique has no specific law on Migration and that they try to adhere to United Nations laws on refugees and migration.
5. Mr Momade, National Director for Migration, Mozambique
There are good relations between Mozambique and South Africa at border post level.
When looking at a SADC immigration policy, the following should be remembered/discussed:
(a) The security of each country i.e. trafficking of drugs, weapons and people. (But even with strict laws these problems are still there).
(b) The negative effects of open borders.
(c) Positive ways to facilitate the movement of goods and people.
(d) Risks will always exist.
(e) If SADC members receive the same treatment in other SADC countries as non-SADC members then there is no benefit of SADC membership.
(f) Problems in SADC are not unique as Europe is full of illegals.
(g) Even the USA is full of illegals, and this should not prevent the free movement of people and goods.
(h) South Africa can fulfill the role to "kick start" all other SADC countries in the direction of free movement as South Africa is very developed, and any example provided by South Africa will have a great impact on SADC.
(i) There would actually be better control if borders are opened to free movement as then you will know exactly how many people came to a country - even with control people just move illegally and governments do not know how many people came to their countries.
G. Acknowledgements
1. We thank the National Assembly for having granted us permission to undertake this Study Tour and funding it.
2. We thank the Department of Foreign Affairs for making the services of its Foreign Missions available to facilitate the scheduling of meetings for the Committee in the various countries.
H. Recommendations
1. The Committee should undertake a Study Tour of:
(a) Swaziland
(b) Lesotho
(c) Durban harbour
(d) East London harbour
(e) Port Elizabeth harbour
(f) Mossel Bay
This will enable us to have a panoramic view of migration and border/port control in the SADC region.
(g) We should also revisit Cape Town harbour
(h) Cape Town International Airport
2. We urge all SADC countries to give Home Affairs a distinct profile as opposed to merging it with other line functions as this suppresses and undermines crucial aspects of Home Affairs.
3. Home Affairs Porfolio Committees of SADC countries should convene in order to establish a common understanding of Parliamentary oversight.
4. Such a Home Affairs Parliamentary Committee of SADC could play a vital role in assisting the African Union to deal with Home Affairs issues, borders, immigration, citizenship, drug trafficking, contraband goods, customs and excise, stowaways etc. Such a forum will be in a very good position to deal with the issue of communities that are split by border fences, a common SADC problem. The forum could also discuss a SADC policy on foreign investors and joint ventures.
5. Ministers of Home Affairs of SADC countries should meet on a regular basis as it is clear that there is a comprehensive need for a SADC protocol on Migration.
6. SADC countries should help each other to develop legislation in respect of organized crime, Immigration and border control.
7. The idea of "one stop" border facilities should be given serious attention. Such a system could save time and co-ordinate and facilitate better border control at SADC level.
8. To establish more customs facilities at some South African border posts, especially between South Africa and Botswana should be investigated at Ministerial level. Such an investigation should also look at co-ordinating the times of open border posts between countries, especially in respect of commercial border posts.
9. The Department of Home Affairs should give more attention to train its personnel properly. All the departments represented at the border posts should train their staff to be more people friendly as they are the first line of communication to people who visit our country. The first responsibility however should always be proper border control. This can only be achieved with proper training. Discipline of all staff is vital and any staff member who does not act responsibly, such as being under the influence of alcohol on duty, that we as a Committee have experienced, must be severely dealt with.
10. Computers must be upgraded at border posts, hardware as well as software.
11. Immediate attention should be given to the unexceptable situation of public facilities at border posts, eg the poor state of offices, ablution facilities and border fences as outlined in the report.
12. More frequent contacts and visits by the Minister, Director-General and Regional Representatives to the various border posts must be undertaken on a regular basis to acquaint themselves with the needs and problems experienced by our personnel.
13. Proposals put forward by our neighbouring States to improve trade and better relations between SADC countries, as well as border incidents reported, should be handled in a much more professional and sensitive manner. Insidents and proposals as highlighted in the report, are after months still not given the necessary attention.
I. Conclusion
1. This Study Tour was a real eye-opener. We adopted an open-minded approach, which enabled us to learn from our neighbors, and also influenced them. Our hosts were extremely impressed with our approach, as they perceived that we did not come to their countries riding a high horse, but to persuade them to move along with South Africa, as we are busy processing an Immigration Bill that will affect them intimately.
2. Criminals exploit border control. Current control measures are not sufficient to stop, smuggling, VAT exploitation or the movement of illegals across SADC borders.
3. Resources are lacking, especially at South African border posts where buildings, equipment, toilets facilities are insufficient. Accommodation for staff at especially rural border posts not sufficient in South Africa and for example. Zimbabwe.
4. Staff morale and discipline is also unsatisfactory at South African border posts.
5. Corruption at some border posts also seems to be out of control.
6. Some SADC countries urgently need to enact laws that will empower them to deal with problems that are prevalent in our modern day society where criminal syndicates are very well organized and exploit loopholes in legislation and border control.
7. The system of claiming VAT at South African border posts causes delays.