THE High Commission of Zambia to South Africa wishes to advise
Zambians travelling between Zambia and South Africa to take note of
the new South African immigration laws which came into effect
following the recent amendment of South Africa`s Immigration Act.



South Africa recently amended its Immigration Act which was
subsequently signed into law by President Jacob Zuma on 16th May,
2014.


The advisory follows an incident in which seven members of the Zambia
Under 20 Women National Soccer team were prevented from proceeding
beyond the immigration check point at Oliver Tambo International
Airport in Johannesburg. The seven who had arrived with other team
members on the 9:20 hours flight from Lusaka, were allowed to proceed
six hours later after the High Commission had engaged the South
African Home Affairs authorities.


The seven are Ngambo Musole, Melan Mulenga, Rodah Chileshe, Barbara
Banda, Martha Tembo, Hellen Chanda and Penelope Mulumbwa. They could
not be allowed to proceed after they were found to be below 18
years.


The 18 players and eight officials are in South Africa for a return
leg of the 2016 FIFA U-20 Women`s World Cup.


Zambia`s High Commissioner – Designate to South Africa, His Excellency
Mr. Emmanuel Mwamba advised that all those intending to travel should
take time to consult extensively on the new immigration laws.


"Let`s devote a bit more time to learn what these laws require of us
before we set off on our journey. People can even contact us at the
Mission so that we can help translate the meaning of these laws," Mr.
Mwamba said.


As of 1st October, 2014, parents or any adult travelling with children
under the age of 18 years are required to produce an unabridged birth
certificate of the child reflecting the particulars of the parents of
the child. Provision is also made for one parent travelling with a
child and where one parent or both parents are deceased or the child
is travelling with a relative or another person. Certified copies of
unabridged birth certificates and parental consent, where applicable,
will be acceptable when travelling with children.


South Africa`s Ministry of Home Affairs officially disclosed the new
laws to the diplomatic corps at a briefing held on 9th July, 2014 in
Pretoria. The Amended Immigration Amendment Acts of 2007 and 2011 came
into effect on 26th May, 2014.


Under the new law, Zambia`s exemption from the Visa requirement list
has continued and as such nationals travelling to South Africa would
be granted a visitors permit at the port of entry for a maximum period
of 90 days per annum as has been the case in the past.


Further, under the new law, Visa status application period was changed
from 30 to 60 days before the expiry of the current visa. One cannot
change from a visitor`s Visa to a different type of Visa or Permit
without first exiting South Africa. Applications for change of
conditions or long stay Permits other than visitors` are now made at a
South African Mission abroad – i.e. South African High Commission or
Consulate.

Previously, nationals could apply for a Temporary Residence Permit
whilst using a Visitor`s Visa but the amended law now prohibits
foreigners from applying for a Temporary Residence Permit while still
in South Africa.


As for Business Visa requirements, applicants are now required to get
a letter of recommendation from the Department of Trade and Industry,
confirmation from a Chartered Accountant on either capacity to pay
pledged capital or actual contribution of capital into a
business.


The new law also requires that a foreign applicant makes an
undertaking to employ 60 percent of South African nationals in the
business once in operation. The Business Visas will only be granted
for a renewable three-year period.


The Quota and Exceptional Skills Work Permits have been replaced with
the Critical Skills Permit which were expected to provide a more
rigorous process of proving that only critical skills qualify for work
permits in South Africa. Organisations have to provide proof that all
necessary measures were taken in recruitment including evidence of a
published national media advert seeking the required skills among the
South African nationals. This would be used as part of the proof in
showing that all necessary effort was applied in justifying the use of
foreign skills.


This change in the Skills Visa requirement would, however, not apply
to Diplomats and foreign missions in their employment of personal
servants from their countries as their applications will be expressly
processed through the Department of International Relations and
Cooperation.


The employee applying for an Inter-Company Visa, that is working for a
company with branches abroad, needs to be employed with the foreign
office for not less than six months before being eligible for transfer
to South Africa. The Visa is now available for four years after which
the foreign national will have to exit the country.


The new law also came with steep increases in administrative fines
that are imposed on those who overstay and any other persons in
contravention of the new Immigration Act.


When one`s Visa has expired, they are labelled "Undesirable Persons"
before facing a limited ban from re-entering South Africa for periods
of one, two or five years. Immigration officers at ports of entry or
exit have now been empowered to ban foreigners on grounds of
over-staying even for a mere two days.


Those found to have over-stayed by two to five days will be declared
"Undesirable Persons" for one year. Those over-staying up to 30 days
will be banned for 24 months.


The South African Government has justified the new measures as being
informed by the need for the country`s laws to be in line with
international immigration standards, improve national security and to
curb the high incidences of abuse of the previous Immigration Act. V.1317

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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