NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION 2105 / NW2379E
DATE OF PUBLICATION: Friday, 12 August 2011
INTERNAL QUESTION PAPER NO 23 of 2011
Mrs A T Lovemore (DA) to ask the Minister of Home Affairs:
(1) What are the details of the process followed for assessing the
validity of marriages between South Africans and foreign nationals;
(2) (a) how many marriages between South Africans and foreign nationals
has (i) she or (ii) her Department declared null and void (aa) in the
(aaa) 2007/08, (bbb) 2008/09, (ccc) 2009/10 and (ddd) 2010/11
financial years and (bb) during the period 1 April 2011 up to the
latest specified date for which information is available, (b) what was
the reason for annulling the marriages and (c) in terms of which
statutory provisions were the annulments effected;
(3) who (a) assessed the marriages, (b) recommended annulment and
(c) decided on annulment in each case;
(4) whether any action has been taken in respect of each foreign national
involved in an annulled marriage; if not, why not; if so, (a) what
action and (b) in terms of what statutory provision?
NW2379E
REPLY:
(1) The details of the process followed for assessing the validity of
marriages between South Africans and foreign nationals are, as
follows:
⢠Foreign nationals marrying a South African citizen must
present one of the following applicable documents, namely a
valid passport / legal asylum seeker permit / refugee
identity document
⢠Letter of no impediment from the foreigner confirming his /
her marital status
⢠The designated marriage officer appointed by the Department
of Home Affairs
⢠The couple must be present
⢠Two competent witnesses must be present
⢠Identity Document (ID) of the South African partner, and the
residential document of the foreigner, as well as, the IDs of
the two witnesses
⢠Two ID photographs, each of the marital couple
⢠Verification of the marital coupleâs fingerprints
⢠Persons who do not possess such an identity document, e.g.
visitors to the Republic of South Africa, or a person who is
unable to produce his or her ID, shall submit the prescribed
declaration
Additional requirements in specific cases:
⢠Minors (under 18 years of age) must provide a form of consent
completed, and signed by both parents
⢠Divorcees need to provide a certified copy of the final
decree of divorce
⢠Widows / widowers need to provide a certified copy of the
deceased spouseâs Death Certificate
⢠Declaration or affidavit confirming marital status
(2)(a) (aa) & (bb) The information is specified in the table,
below:
|Financial Year |Total |
|2007/08 |1 562 |
|2008/09 |1 016 |
|2009/10 |1 035 |
|2010/11 |808 |
|1 April 2011 to 31 July |232 |
|2011 | |
(2)(b)&(c) The marriages were annulled, as it did comply with the
requirements for solemnization, and registration, as stipulated in
sections , and 29A(1) of the Marriage Act, 1961 (Act No 25 of
1961), based on the following factors:
⢠The fingerprints affixed on the BI-30 form were verified, and
found to be different from the original record
⢠The signatures on the BI-30 form differs from the specimen
signature, or on the affidavit of the client
⢠Marriages captured by officials utilising false User IDâs on
the National Population Register (NPR), and in cases, where
the office, where the marriage took place confirms that there
is no record of such User ID, and it is unknown, or cancelled
user IDs, due to deployment of the official of the User ID,
or reason outlined by the office.
(3)(a) to (c) The Department has a Fraudulent Marriage Investigation
Unit which investigates, all, the complaints / sworn affidavits
received. A submission is written, and it is, then, decided to
annul a marriage, or whether the case must be referred to the
Courts for a final decision.
(4) Yes. Action has been taken against each foreign national, once, the
fraudulent marriage investigation has been finalised.
(4)(a) Each fraudulent marriage between a South African citizen, and a
foreigner is referred to the Immigration Services Branch, where
it, then, lists the foreigner on the Departmental Visa and Entry
Stop List to ensure that no permits are issued to the foreigner,
in question, and that the foreigner is, also, refused entry into
the Republic of South Africa (RSA) in future.
(4)(b) The declaration of a foreigner, as a prohibited person is done
in terms of section 29(1) of the immigration Act, 2002 (Act No 13
of 2002). The foreigner, in question, is, then, deported, as an
illegal immigrant in the RSA ,in terms of section 32 of the
Immigration Act.