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  Thursday, September 09, 2010
Organisation > Chief Directorates > Migration Services   
Policy on Disclosure of Information for Migration< Back to previous screen
  1. Individuals requesting their own information for e.g. tax purposes should be furnished with the information.

  2. Relatives requesting information on movements of, for example, a mother's sister etc should be informed whether the person is inside or outside the country only. Addresses or whereabouts should not be disclosed.
    Relatives requesting information other than the movements of persons should have a power of attorney. The purpose of the request will determine the type of information which should be disclosed.

  3. When private institutions or persons and people requesting information regarding the whereabouts of another person and the Department is aware of the whereabouts, the subject should be informed of the enquiry. It must however not be the duty of the Department to inform the subject. He or she can then contact the enquirer at his/her discretion. The only information to be given to the enquirer should be confirmation whether or not the subject is in the country.

  4. Other State Departments requesting information on the movements of persons should be given the information as some of them have already been granted access to the Movement Control System. The information should be necessary for the execution of official duties. In the case of information contained in the files of the Department the signature of the Head of the Department is required, or as agreed upon bilaterally (e.g. NIA).

  5. Attorneys requesting information on their client's records should have a Power of Attorney signed by the client. For this purpose the current Power of Attorney form should be amended to include the disclosure of information.
    Attorneys requesting information on the opposing party’s records should subpoena the Department for the information.

  6. Prospective employers enquiring about the status of a person should be given the information provided the company has a valid reason for requesting the information and sends a written request on its letterhead to the Department.

  7. The media in most cases approaches the Department for comments on individual cases that are in public interest. To mention but a few cases: the Zairian generals and Mr. Mataz. In this type of situation, it will be inappropriate for the Department to request a power of attorney from the media.
    It is when the enquiry / request for information extends to providing the personal details of the individual that the Department should be more cautious when responding to the media. The Department’s response should be limited to the scope of work covered by the Department. An example would be an enquiry from the media on a specific applicant requesting information on the funds that the person brought into the country. The Department’s response should be limited to the question of e.g. the departmental criteria as to what are the requirements to fulfill to qualify for permanent residence in a particular category. If the requirements is e.g. the transfer of R1,2 million and the applicant has transferred R5 million, the Department’s response should be that the applicant has met the requirements as laid down for the transfer of the R1,2 million.

    Questions relating to the applicant’s financial situation is information the Department should refrain from giving to the media.

  8. Parliamentary enquiries should be dealt with as in the past. Power of attorney is not required. Individual members of parliament enquiring about specific applications should be requested to do so in writing. A letter from the applicant requesting his/her assistance/intervention or a written power of attorney should accompany the Member of Parliament’s enquiry.
    Members of political parties should address their enquiries to the Department in writing (on their respective letterheads) and a letter from the applicant (requesting Mr. X’s assistance) or a written power of attorney should accompany the request.

  9. The following parties should not be given any information:

    • Private institutions e.g. banks and individuals requesting information on people owing them money, friends looking for friends etc.
    • Private investigators, tracing companies etc. requesting information on people owing money etc.
    • Private individuals requesting information on vehicles transporting goods across the border.
 

Related links
  Admissions and Aliens Control

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