No obligation to provide legal aid to undocumented foreigners: DHA

The Department of Home Affairs says it has no legal obligation to formulate legal representation for undocumented foreign nationals in South Africa.

The department was updating the Parliament’s Portfolio Committee on Home Affairs on issues of state funded legal representation for undocumented foreign nationals.

This includes its work in collaboration with the Department of Social Development on foreign individuals including children who are migrants in the country.

“The legal aid board chair, through the Department of Justice and Constitutional Development take this entire process. So, Home Affairs is not involved in any way in arranging or facilitating the legal representation chair. So, in this point, clearly, it’s not the function of the Department of Home Affairs or state funded legal aid for foreign nationals, that resort squarely with the Department of Justice and Constitutional Development,” Western Cape Home Affairs Department Provincial Manager Yusuf Simons explains.

The Department of Home Affairs says it is aiming at significantly reducing the expenditure on court cases during this financial year. Home Affairs Minister Dr Leon Schreiber says under the current fiscal projection, they want to prioritize the reduction of the legal spending.

“I think that is in on itself in the current budget environment, it’s a very clear reason for us to focus in this area and make sure we reduce the burden of legal cases on this department. I would say that it is part of the spending reviews and efficiency gains that has been much talked about. And I think when the presentation follows, we will see progress in that regard. I don’t think we have figures yet on the financial side. But I think this is the work in progress and hopeful during this financial year we will be able to quantify the savings that have come from this work. But it is real hundred millions of rands that we can save,” says Schreiber.

Schreiber has revealed that there are a number of class-action court cases against his department.

The minister says court applications against the department vary on either refugee or asylum status requests. He, however, says there is a slight decrease in litigations since the start of the seventh administration.

“I think if we come to the presentation the reference is to 1 684 class-actions alone. So, this is just one category of litigation against the department. And they broadly would have involved these kinds of issues, procedural issues. People are saying I have applied but I have waited one two three years and now I am taking the department as part of the class-action to court. The good news chair is that we have seen at 98% reduction in a number of class action cases. I think that this is something to be celebrated. I think it’s an extraordinal achievement.”