DHA - Department of Home Affairs

Derrick

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The duties and responsibilities of the Department of Home Affairs stem from the South African Constitution, various legislation, as well as other policy documents. The Department’s services are divided into two broad categories, Civic Services and Immigration Services, which are regulated by the following legislation:

Civic Services

Births, Marriages and Deaths

  • Births and Deaths Registration Act, 1992 (Act No. 51 of 1992) as amended
  • Regulations made in terms of the Births and Deaths Registration Act
  • Marriage Act, 1961 (Act No. 25 of 1961) as amended
  • Regulations made in terms of the Marriage Act, 1961
  • Recognition of Customary Marriages Act, 1998 (Act No 120 of 1998)
  • Civil Union Act, 2006 (Act No. 17 of 2006)
  • Regulations made in terms of the Civil Union Act, 2006

Identity Documents and Identification

  • Identification Act, 1997 (Act No. 68 of 1997) as amended
  • Regulations made in terms of the Identification Act, 1997
  • Alteration of the Sex Description and Sex Status Act, 2003 (Act No 49 of 2003)

Citizenship

  • South African Citizenship Act, 1995 (Act No.88 of 1995) as amended
  • Regulations made in terms of the South African Citizenship Act, 1995

Travel Documents and Passports

  • South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994) as amended
  • Regulations made in terms of the South African Passport and Travel Documents Act,1994

Immigration Services

Immigration

  • Immigration Act, 2002 (Act No. 13 of 2002) as amended
  • Regulations made in terms of the Immigration Act, 2002

Refugee status and asylum

  • Refugees Act, 1998 (Act No. 130 of 1998)
  • Regulations made in terms of the Refugees Act, 1998
  • The Universal Declaration of Human Rights as adopted by the General Assembly of the United Nations on 15 December 1948
  • The basic agreement between the Government of the Republic of South Africa and the United Nations High Commissioners for Refugees (UNHCR), 6 September 1993
  • The 1991 United Nations Convention Relating to the Status of Refugees
  • The 1967 Protocol on Specific Aspects of Refugees Protection
  • The Organisation for African Unity Convention Governing Specific Aspects of Refugee Problems in Africa, 1996
  • The UNHCR Handbook on criteria and procedures for the determination of Refugee Status, 1997
  • The Criminal Procedures Act, 1977 (Act No.51 of 1977)

Other Departmental mandates

  • Public Holidays Act, 1994 (Act No. 36 of 1994)
  • Electoral Act, 1998 (Act No. 73 of 1998)
  • Electoral Commission Act, 1996 (Act No.51 of 1996)
  • Films and Publications Act, 1996 (Act No.65 of 1996)
  • Local Government: Municipal electoral Act, 2000 (Act No.27 of 2000)
  • Constitution of the Republic of South Africa
  • Public Service Act, 1994 (Proclamation No 108 of 1994)
  • Public Finance Management Act, 1999 (Act No 1 of 1999)
  • Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
  • Promotion of Access to Information Act, 2000 (Act No 2 of 2000) as amended
  • Treasury Regulations made under the PFMA
  • Intergovernmental Relations Framework Act,2005 (Act No 15 of 2005)
  • Imprint Act, 1993 (Act No 43 of 1993) as amended
  • Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000)

 
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