The South African Human Rights Commission (SAHRC) has criticised Department of Home Affairs Director-General Tommy Makhode after he failed to appear at a subpoena hearing into delays in processing a citizenship application.
Makhode and the department’s North West Provincial Manager, Eunice Mhlanga, had been subpoenaed to appear before the Commission at its Rustenburg provincial office on Monday. However, only Mhlanga attended the hearing.
The inquiry followed a complaint over prolonged delays in the processing of a citizenship application, which the SAHRC says has remained unresolved since 2022.
Speaking to YOUFM Newshour, SAHRC North West Provincial Manager Shirley Mlombo said Commissioner Nomahlubi Khwinana, who chaired the hearing, would determine whether Makhode had a valid reason for failing to appear.
Mlombo said if the commissioner finds that the Director-General was absent without just cause, criminal charges could be pursued against him.
She said the Commission resorted to issuing subpoenas only after repeated attempts to engage with the department had failed.
“The subpoena process is one such recourse where we have exhausted all normal engagement processes,” Mlombo said.
The SAHRC found that the department had taken an unreasonably long time to process the complainant’s application, saying a four-year delay could not be justified.
“In our view, even if they had legitimate reasons, the period for which this person had to wait is unreasonable. To make someone wait for four years is certainly unreasonable,” Mlombo said.
During the hearing, the Department of Home Affairs undertook to resolve the complainant’s case within four weeks and committed to clearing the broader backlog of citizenship applications by the end of the year in line with Section 43 of the Citizenship Act.
The SAHRC said it would monitor the department’s progress to ensure those commitments are honoured, noting that other affected individuals have also raised concerns about lengthy delays in citizenship applications.
