THE Department of Home Affairs is being sued for R6,8billion, with victims of identity fraud and foreigners wrongfully detained demanding about R414million in damages, according to its annual report.

"Immigration claims arise out of unlawful arrests and detention of illegal foreigners, as well as damages arising out of failure by the department to timeously make decisions on permits," the department says.

The department's director-general, Mkuseli Apleni, however, told journalists in Pretoria earlier: "The [R6billion] of legal claims is only a probability... the public must be aware of this, we want to be transparent."

The department has received a negative audit opinion for the ninth year in a row. Its annual report, tabled yesterday in Parliament, revealed R321million in irregular expenditure.

Auditor-General Terence Nombembe gave Home Affairs a qualified opinion, with emphasis of matter.

Nombembe said he could not verify whether R1,6billion worth of assets really existed. He also found that the department is embroiled in lawsuits, with different people making claims of nearly R7million against it.

He said a further R3,2million of overtime payments to Government Printing Works (GPW) staff (who fall under the department) was irregular spending.

"Overtime by GPW employees exceeded 10 hours per week" - contravening labour laws," said Nombembe.

Since 2001, Home Affairs has been given six qualified opinions and three "disclaimers" or totally negative opinions.

Its former director-general, Mavuso Msimang, who was in charge of the department during the audit period, promised Parliament every year that Home Affairs would get a clean audit "next time".

It now seems it will be up to the new D-G, Mkhuseli Apleni, to make that happen.

But Apleni yesterday downplayed the department's negative opinion.