Department of Home Affairs: Lubisi Report Recommendations Implementation Briefing

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The Department of Home Affairs provides an update on the implementation of the Lubisi Report recommendations and Portfolio Committee oversight. The Multi-Disciplinary Task Team (MDTT) is fully operational, focusing on investigations, data analytics, anti-corruption initiatives, expert advice, and staff training. The MDTT's mandate includes addressing fraud, theft, corruption, and maladministration within the department. Key operational teams within the MDTT are detailed, emphasizing the proactive approach to combating misconduct and enhancing governance.

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Briefing by the Department of Home Affairs on the implementation of the recommendations of the Lubisi Report and update on Portfolio Committee oversight in March 2023 29 August 2023

Contents Introduction Multi-Disciplinary Task Team (MDTT) Mandate MDTT Composition Update on Matters Recommended for Investigation MDTT Prioritisation of Matters DG Referrals To MDTT for Immediate Investigation DG Referrals to DPCI for Immediate Investigation MDTT Case Management System Size of Data Sets Obtained/Analysed Level Profiles of Officials Existing and Ongoing Disciplinaries Recommendation 2

Introduction 1. The MDTT is fully operational and has been functional since 01 March 2023. The MDTT is currently operating with the following operational team clusters: Disciplinary Legal Implementation Team (De Swardt Myambo Hlahla Attorneys) (DMH); Data Analytics Team (including FACTS Consulting); Case Management Team (Black Widow); Disciplinary Investigative Team; Criminal Investigative Team; and Contingent Liability/SOP/Training Team. 3

MDTT Mandate 2. The MDTT mandate, as per the Service Level Agreement (SLA) concluded between the Department of Home Affairs (DHA) and the MDTT, includes the following primary deliverables: Conduct investigations, data analytics, including link analysis on the issuance of visas or permits, as well as investigate/identify criminal syndicates for fraud, theft, corruption and maladministration; Co-ordinate / improve the co-ordination of anti-corruption initiatives between the DHA and law enforcement agencies; Provide expert opinions and advice including attending court cases, departmental disciplinary hearings and dispute proceedings, and testifying as expert witnesses; 4

MDTT Mandate continued Provide expert advice and support on the development of a comprehensive Anti-Fraud and Corruption Prevention Strategy and Risk Prevention Plan for the DHA; Analyze existing, new or developing related trends within the DHA; Provide advice and recommendations on the (re) engineering of business processes (and systems) to address identified risks / close identified gaps; Prepare / present the necessary (progress) reports required by all relevant parties / structures (e.g. Audit Committee, Risk Management Committee, Executive Management Meeting, etc.) timeously; and Provide training to identified DHA staff on the use of data analytics, link analysis software (and systems). 5

MDTT Composition TEAM LEVEL 13/14 LEVEL 12 LEVEL 11/12 Project Directorship Investigations and Profiling 2 1 7 2 Disciplinary 3 1 6 Data Analytics and System Experts Business Processes Project Administration CAJV Support (Contingent Liability) 2 2 2 1 5 3 TOTAL 9 15 13 6

Focus Areas For Investigation As Per Mincom Report And Current Status NO. ITEM DESCRIPTION OF MATTERS Pages 236 to 239 of the Lubisi Report All PRPs that were previously rejected and then approved after appealing; and Files sent for the appeal process with no application documents on record and have also not followed the adjudication process. All applications information which is in VAS and not reflected in VFS; All application information which is in VFS and not reflected in VAS; All applicants loaded onto VAS, but have no associated application supporting information; All applications with difference between the Passport Number captured in VFS and the Passport Number loaded in VAS; and All applications with passport number differences by the application status. Findings into the alleged security breaches and irregularities in the VAS System. TASK STATUS What must be done Responsibility Progress Each case needs to be investigated and the reason for approval needs to be verified against the reasons for the rejection. One (1) criminal referral en route to the DPCI. 1 Appeals. MDTT Each case needs to be investigated by DHA IS and VFS. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. Four (4) Matters under investigation; Three (3) suspension letters issued; Three (3) charge sheets issued; Three (3) disciplinaries commenced; and One (1) criminal referral referred to the DPCI. 2 VFS and VAS Applications. MDTT Investigation to be conducted. 3 Nexia SAB&T Forensic investigation report. Nexia SAB Investigation to commence. 7

Focus Areas For Investigation As Per Mincom Report And Current Status ITEM DESCRIPTION OF MATTERS TASK NO. STATUS Pages 236 to 239 of the Lubisi Report All applications processed in TnT since 2015 that circumvented the VFS and VAS processes. What must be done Responsibility Progress Each case needs to be investigated by DHA IS and VFS. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. 4 Track and Trace System (TnT). MDTT Investigation to commence. Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. Current prioritised matters selected for investigation also form part and overlap with this category, namely: Focus No 1 Focus No 2 Focus No 14 Focus No 21 Focus No 23 Focus No 24 All PRP applications that were approved before 5 years had expired and did comply with the continuous period of only being 90 days outside the country during this 5 year period; All PRP applications approved but had been declined previously due to false documentation having been submitted; All issued visitors visas status changed to PRP whilst in the country; and PRP with common patterns of forum shopping and brute force tactics among some foreign nationals shifting from one application to another. 5 PRPs. MDTT 8

Focus Areas For Investigation As Per Mincom Report And Current Status NO. ITEM DESCRIPTION OF MATTERS Pages 236 to 239 of the Lubisi Report All business permit approvals that were found to be skewed where analysis indicated that 1,137 were approved over the same period in the TnT system. These applications and approvals should have been processed through VFS and VAS and not TnT. All under-aged applicants for critical and exceptional skills visas and permits due to a data capture error involving gross misconduct. TASK STATUS What must be done Responsibility Progress Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. One (1) matter under investigation; Two (2) suspension letters issued; and Two (2) charge sheets issued. 6 Business permits. MDTT Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. 7 Underage Visas. MDTT Investigation to commence. 8 Work Visa to Critical Skills Visa. All work visas approvals where applicants changed their visa from worker to a critical skills visa and back to a PRP worker. MDTT Investigation to commence. 9 Study Visa to Critical Skills Visa All study visa applications followed by critical skills visa applications. MDTT Investigation to commence. 9

Focus Areas For Investigation As Per Mincom Report And Current Status NO. ITEM DESCRIPTION OF MATTERS Pages 236 to 239 of the Lubisi Report All study visas that include multiple spelling variations of the generic terms, Learner and n/a captured in VAS. TASK STATUS What must be done Responsibility Progress Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. 10 Study Visa. MDTT Investigation to commence. Retirement Visa. All approved retirement visas with a significant increase of applications for the period 2016- 2018; All retirement visas below the age of 55; All retirement visas where applicants have applied for another visa due to a change in status, i.e., spousal relationship or to work; and All retirement visas awarded in contravention of Section 20 of the Immigration Act regulations related to minimum amounts per month from pension or irrevocable annuity or retirement account. Irregular System Users created on MCS. Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. 11 MDTT Investigation has commenced This focus identified for immediate priority in terms of staggered investigation approach 3 530 Retirement Visa applications / Visas matters were identified for investigation, inter alia relating to retirement visas or permits for young applicants, work or a spousal relationship visas to entitle the applicants to work in South Africa . Each case needs to be investigated By IS. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. DHA Info Services MDTT 12 All the MCS process transactions created by the irregular users. Investigation has commenced Immediate priority 285 427 matters were identified for further investigation and action, ostensibly involving unauthorised DHA users that processed movements across South African borders. 10

Focus Areas For Investigation As Per Mincom Report And Current Status NO. ITEM DESCRIPTION OF MATTERS Pages 236 to 239 of the Lubisi Report All visa applications that were processed after hours, over weekends and public holidays on VAS by DHA officials. TASK STATUS What must be done Responsibility Progress Each case needs to be investigated By IS. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. Seven (7) matters under investigation; and This Focus Area also linked to 111 applications in Focus Area No 21 - officials who allegedly assisted foreign nationals to obtain South African Passports, irregularly, during Covid-19 lockdown. So far 111 matters have been identified for further investigation. Investigation to commence. 13 After hours, weekends and public holiday visas processed on VAS. MDTT Each case needs to be investigated by IS. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. Each case needs to be investigated by IS. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. Need to obtain the IA report and investigate. 14 Irregular process flows of stage codes. All applications that were processed following an irregular process flow of stage codes and those that had extra fields populated. DHA Info Services MDTT 15 Identified anomalies in the dates related to approvals and the printing of visas. All cases where the printing date was before the visa approval date. MDTT Investigation to commence. 16 Missing Visa or Permit Control numbers. All internal audit findings related to missing visa and permit printed control numbers. MDTT Investigation has commenced Immediate priority. Missing Visa or Permit Numbers where 1 115 visas were ostensibly issued to foreign nationals, where it appears that certain visa labels may not have been issued by the DHA. 11

Focus Areas For Investigation As Per Mincom Report And Current Status NO. ITEM DESCRIPTION OF MATTERS Pages 236 to 239 of the Lubisi Report All passport numbers being used by multiple persons. TASK STATUS What must be done Responsibility Progress Need to investigate each passport number. 17 Same passport number used by multiple persons. MDTT Investigation to commence. Need to investigate why applications were fast tracked. 18 Fast processing of applications. All applications that were processed and approved between 0 and 1 day and less than 0 days. MDTT Investigation to commence. Need to investigate, however visas are issued for a period way into the future, even past 2031. 19 Visa dates issued into the future. All visas that were issued into the future. MDTT Investigation to commence. Need to investigate each case to determine the anomalies. Thirty Five (35) Matters under investigation, (111 applications); Three (3) matters enroute to the DPCI; Four (4) matters referred to the DPCI; and One previously registered criminal case identified for support by the MDTT. Investigation to commence. 20 NPR Anomalies found. All anomalies found during the finalisation of the NPR work. MDTT DHA and VFS need to confirm why their e- mail addresses was used in applicants file. 21 VFS/DHA email addresses associated to an application. All 760 applicants using either VFS or DHA email addresses as their contact addresses. MDTT 12

Focus Areas For Investigation As Per Mincom Report And Current Status NO. ITEM DESCRIPTION OF MATTERS Pages 236 to 239 of the Lubisi Report All 880 applications approved containing fraudulent documentation detected during adjudication process. TASK STATUS What must be done Responsibility Progress Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. Ten (10) matters under investigation; One (1) Suspension letter issued; One (1) Charge sheet issued; One (1) disciplinary commenced; and Six (6) criminal referrals en route to the DPCI. Ten (10) matters under investigation; and Six (6) criminal referrals en route to the DPCI. 22 Visas and Permits rejected approved with fraudulent documents detected. MDTT Each case needs to be investigated. To avoid any manipulation of the data it would be best to have the MDTT to conduct this investigation. 23 Applications rejected due to fraudulent documents submitted but new applications approved. All 4 160 applications that were rejected due to fraudulent documents submitted but applicants later applied for other visa/permit types which were approved. MDTT Investigation to be conducted by IS. Investigation concluded matters referred to DCPI. MDTT assisting the DPCI with additional information that is being requested. MDTT and IS investigating system security breach and associated internal disciplinary matters. 24 Firewall irregularities. The potential corrupt involvement of officials in companies appointed to install firewalls in the DHA s provincial offices. DHA Info Services MDTT Matter has been referred to the DPCI Criminal case registered- Pretoria Central CAS 387/10/202 13

MDTT Prioritisation of Matters 3. The MDTT is currently focusing, in the short term, on the following impactful areas DG referrals requiring urgent attention: Matters aligned to the Focus Areas as identified in the Ministerial Committee Report and aligned to the mandate of MDTT as aforementioned, e.g., specific high-profile matters; Matters referred to the respective law enforcement agencies, but requiring additional unlocking activities for such matters to gain traction; Urgent matters referred by the Director- General (DG), including disciplinary matters; Referred disciplinary matters, requiring review and unblocking activities to ensure timeous resolution of such matters; and, Minimization of potential fruitless and wasteful expenditure. 4. A sound working relationship has been fostered between the MDTT, departmental Counter Corruption Unit, Labour Relations Unit and ICT in progressing the investigations. 14

DG Referrals To MDTT for Immediate Investigation 5. The MDTT prioritised for immediate action as referred by the DG and commenced investigation accordingly relating to: Ghana Mission involving issuance of fraudulent visas and permits. One official has been suspended, charged and is currently undergoing a disciplinary hearing, which will sit again on 15 August 2023. A referral has also been made to the DPCI in this matter. China mission: 2 Officials suspended Precautionary Suspension Letters issued on 6 June 2023 in matters related to irregular issuance of visas. Both members foreign deployment has also come to an end; Draft Charge Sheets prepared; and, Charge Sheet in respect of one (1) official served and notice of disciplinary proceedings against one (1) official served; disciplinary proceedings in respect of one (1) official commenced 8 August 2023. 15

DG Referrals To MDTT for Immediate Investigation continued eSwatini: In a letter dated 6 June 2023, the DG informed the applicant and bearer of a South African Smart Identity Card and a South African Passport that her Identity Card and Passport would be cancelled in terms of the provisions of the Identification Act and the South African Passports and Travel Documents Act. This was preceded by a letter for representation by the applicant before she would be declared a prohibited person in terms of section 49(1)(f) of the Immigration Act. This following investigations, interviews and Memoranda prepared and submitted to DG, notably on 2 June 2023. Identified challenges in the Gupta family early Naturalisation administrative processes are currently being reviewed by the MDTT based on available evidence with a view to plug any gaps in pursuing disciplinary charges. 16

DG Referrals To DPCI For Immediate Investigation Bushiri matter: 6. A dedicated Task Team has been set up by the DPCI to focus on all matters referred by the MDTT to ensure prioritization and traction of these matters. Bushiri Matter Support is currently being rendered by the MDTT to the DPCI in respect of an ongoing criminal investigation and by the MDTT to the DHA in respect of four (4) disciplinary matters currently ongoing. These disciplinaries were delayed for two years and is now being unblocked. Further support is also being rendered to the DHA relating to the arbitration (ongoing) in respect of the former Chief Director, previously dismissed. Eleven (11) new finalized matters to be submitted on 23/08/2023 to the Director-General for consideration and onward transmission to the DPCI for criminal investigation. 17

MDTT Case Management System CUSTOMISATION OF AN ELECTRONIC CASE MANAGEMENT AND DOCUMENT MANAGEMENT SYSTEM 7. MDTT uses the AIMS electronic case management system which is a fully integrated, modular, web-based, suite of investigation case management software developed in South Africa by BlackWidow Cognitive Digital Solutions (Pty) Ltd, which can be accessed from any web browser, personal computer, or mobile device worldwide by assigned team members. The system has been configured to meet the requirements of the investigations taking place with the MDTT and the Department of Home Affairs. The MDTT commenced with the uploading of cases on the Case Management System. A total of eighty-one (81) priority cases were captured and allocated to the respective teams. To date twenty-one thousand one hundred and ninety-eight (21,198) Foreign Nationals eminating from the MinComm report who are Persons of Interest were uploaded to the Case Management System. Configuration of the system will be done continuously if, and when required to enable the system to deal with the complexity of the investigations and disciplinary matters. 18

Size of Data Sets Obtained/Analysed 8. The data size is as per the table below: AREA NUMBER OF RECORDS / ROWS Entity Resolution Metadata Network diagrams Temporary Staging Transformed Source Grand Total 6 967 313 142 352 002 529 751 531 1 933 610 344 2 499 658 749 11 930 685 768 DATA ANALYTICS 9. The data utilised by MDTT to analyse foreign national applications for investigations and building profiles on officials for internal disciplinary action is voluminous as the table above demonstrates. 19

Level Profiles Of All Officials Referred For Disciplinaries 10. To date, the level profiles of the officials identified in the disciplinary referrals fall within the following salary levels: SALARY LEVEL NUMBER OF OFFICIALS 59 1 1 Nil Nil 1 to 12 13 14 15 16 20

Level Profiles Of Officials Existing And Ongoing Disciplinaries 11. To date, the level profiles of the officials currently facing ongoing disciplinary procedures, fall within the following salary levels: SALARY LEVEL NUMBER OF OFFICIALS 11 Nil Nil Nil Nil 1 to 12 13 14 15 16 21

Recommendation . It is recommended that the Portfolio Committee on Home Affairs notes the presentation. 22 22

Update on Committee oversight visit to Permitting Unit in March 2023. 23

CONTENTS 1.Introduction 2.Purpose 3.Progress 4.Recommendation 24

INTRODUCTION On 30 March 2023, the Committee conducted an oversight visit to the Department of Home Affairs Head Office Permitting Unit. The purpose of the visit to the Head Office was to interact with staff that were adjudicating Temporary Residency Visas (TRV) and Permanent Residency Permits (PRP). The DHA and media had previously reported that there were backlogs in the processing of applications due to the Covid-19 pandemic. The Committee interacted with management and officials who perform the permitting functions. This interaction was aimed to give committee members an opportunity to understand the day to day functions performed by the officers at the various stages of the adjudicating process. 25

PURPOSE The purpose of this presentation is to address the three key areas raised in the oversight report pertaining to: 13.3, 13.13 and 13.14 The presentation will give a brief progress update of where we are with regards to the recommendations made by the committee specifically to the above three points. 26

PROGRESS UPDATE ON RECOMMENDATIONS 11.3 Whilst the additional caution introduced to prevent fraud in applications for Visas and permits is important, there must be decentralisation and downward delegation of applications with other ad hoc and automated system checks and balances put in place to address the backlog. 11.13 The Deputy Minister should engage with VFS on the issues raised by the Committee and report back. The Committee would then conduct an oversight visit to VFS office/s. 11.14 The Public Private Partnership tender for the appointment of a new Visa Facilitation Service provider should be completed as soon as possible with the inclusion of requirements to filter out incomplete applications which are now clogging the application process. 27 27

Recommendations on 11.3: Whilst the additional caution introduced to prevent fraud in applications for Visas and permits is important, there must be decentralisation and downward delegation of applications with other ad hoc and automated system checks and balances put in place to address the backlog. The Department commenced with the review of the delegations. It is currently under consideration within the department and legal counsel. The adjudicators have also strengthened its verification process by engaging with relevant stakeholders such as banks, institutions of higher learning and SAQA. 28 28

Recommendations on 11.13: The Deputy Minister should engage with VFS on the issues raised by the Committee and report back. The Committee would then conduct an oversight visit to VFS office/s. The part where applicants submits incomplete applications is part of the process due to a court ruling (Joachin Chukwueloka Emeribe ver.., Case No: 2190/2015, Clause 2 of Appendix B to the agreement is headed Overview of Services and provides for the services to be performed by VFS) therefore, VFS is not allowed to perform this function of rejecting or returning the application for being incomplete. The ruling is available for perusal by the committee members. It should be noted that VFS does not adjudicate or make decisions on behalf of the department. Regarding the oversight visit by the Portfolio Committee - The Department will receive the Committee at VFS once the Committee confirms the visit dates. 29 29

Recommendations on 11.14: The Public Private Partnership tender for the appointment of a new Visa Facilitation Service provider should be completed as soon as possible with the inclusion of requirements to filter out incomplete applications which are now clogging the application process. The Department has appointed the Transactional Advisor, the contract accepting the appointment was signed. The SLA was finalised and awaiting signatures of the service provider. Parallel to the PPP the Department has embarked an open tender process. Submission to appoint the relevant committees were approved due to the length of time it would take. 30 30