The Amendment to the Immigration Act was gazetted on November 30
and removes the requirement for children travelling with both
parents on a foreign passport to carry a birth certificate when
they travel.
The following day the Department issued an Advisory on its website
stating the opposite.
Airlines’ check-in staff around the world have been advised to
follow this advisory and not the redrafted regulations that were
gazetted on November 30 and heralded with much fanfare by
government.
Throughout this saga, Home Affairs has been sharply criticised for
not engaging with the travel and tourism sector and this
represents a significant setback for SA’s attempts to win back a
reputation as a child-friendly destination.
Home Affairs has justified the advisory on the basis that it gives
effect to the Children’s Act of 2005.
It is the airlines that have the unwelcome role of administering
Home Affairs’ regulations, as they face penalties if children
arrive without a birth certificate.
A spokesperson for Geneva-based Iata, which uses its Timatic
system to advise check-in staff of its member airlines on what
travel documentation travellers need before boarding a flight to
SA, told Tourism Update that they had been advised by SA
government sources to use the advisory of the DHA website which
states:
“3.1. Where both parents are travelling accompanied by one or more
of their children, such children have to produce valid passports
and a Birth Certificate (BC) for each child travelling.”
This is in complete contradiction to the Immigration Act
Amendment.
Associate Professor of Law at Wits, Prof. Victoria Bronstein
commented to Tourism Update that, when viewed in context, this
appears to be some rear-guard action against the regulations.
“Although the document claims that the

requirements for children
travelling to or from SA is aimed at giving effect to the
Children’s Act, 2005, the Children’s Act has nothing specific to
say about this issue. It appears that the procedures for enacting
Regulations in the Immigration Act are being circumvented by this
informal advisory. If the amended Regulations are in force, this
advisory is illegitimate.
“The current confusion about the requirements for children
entering South Africa also suggests confusion and lack of
transparency that cuts against rule of law requirements in the
Constitution,” said Bronstein.
There is more confusion over whether the new regulations gazetted
are in force or not.
Said the Professor: “The regulations appear to have been amended
with effect from December 2018 even though the heading in the
Government Gazette says Draft Regulations.”
The online legal service, Jutastat, in one version records the
amendments as having taken effect on December 1, 2018. For two
days Tourism Update has tried without success to get a spokesman
from Home Affairs to clarify if the new Amendment is in force or
not.
Home Affairs is required to consult with an Immigration Advisory
Board over regulations. There is nobody from the private tourism
and travel sector on the board to Tourism Update’s knowledge (and
the spokespeople will not return our calls). The Department has
also consistently slapped down attempts by the industry to engage
with them on regulatory change.
In the meantime, airlines around the world are compelled to
continue to deny boarding to children without birth certificates
as hopes of positioning SA as a family-friendly destination
evaporate. V.2713

The Home Affairs official was accused of selling passports at R3,000 to foreigners A 34-year-old former Department of Home Affairs employee will spend the weekend behind bars after being arrested on fraud and corruption charges. Malusi Mlondo appeared briefly in the Durban Specialised Commercial Crime Court on Thursday and was remanded in custody. V.5329
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Home Affairs Minister Aaron Motsoaledi said the arrest demonstrated the department`s zero-tolerance against corruption. • A Department of Home Affairs employee in Limpopo was sentenced to an effective eight years in jail for fraud and corruption. • NPA spokesperson Mashudu Malaba-Dzhangi said Amos Ngwenyama accepted R1 000 to fraudulently issue a birth certificate. • Minister Aaron Motsoaledi said the sentencing demonstrated the department`s commitment to tackling corruption. V.5330
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A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. V.5331
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With just a few weeks to go until the 2024 elections, the Department of Home Affairs has publicized the nation`s identification document (ID) process. The department acknowledges the critical role of voter identification in facilitating participation and ensuring electoral fairness. Delays and inefficiencies at Home Affairs have historically impeded the democratic right to vote, particularly affecting those in rural areas. V.5332
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SAUDI VISA FOR AFRICAN CITIZENS South Africa is not among the countries exempt from Saudi Arabia visa requirements, therefore a Saudi Arabia visa is required. South Africans need a current visa to travel to Saudi Arabia lawfully. South African citizens can obtain a Saudi electronic visa. Saudi Arabia is located in the Middle East. The eVisa is an electronic visa that permits citizens from approximately 50 countries to travel to Saudi Arabia for tourism. V.5333
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I recently renewed my passport at Home Affairs in a bank branch and was very impressed with the service and quick turnaround time. The Department of Home Affairs (DHA) and major banks first launched the option to do Smart ID card and passport applications via select bank branches in 2016. It has slowly grown to around 30 locations, including branches from Absa, Discovery Bank, FNB, Investec, Nedbank, and Standard Bank. V.5334
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The Department of Home Affairs (DHA) has spent over R412.95 million in legal fees since the start of the 2018/19 financial year - with over R117.69 million of this spent between 1 April 2023 and 29 February 2024. This was revealed by the Minister of Home Affairs, Aaron Motsoaledi, in a recent written response in parliament. DHA has seen an exponential increase in the amount that it spends on litigation, with the current amount for 2023/24 (note these figures are until the end of February, several months short of the full financial year) nearly 16 times that of the amount spent in 2018/19. V.5335
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Short on time? Here are the highlights: • Following recent announcements from British Columbia and Ontario, Nova Scotia becomes the latest Canadian province to declare how its quota of study permit applications for 2024 will be distributed across sectors and institutions • As in Ontario, private institutions and language schools stand to be the most negatively affected by the distribution arrangement, but some public universities will also see significant reductions in study permit applications • All Canadian provinces have now distributed their allocation of study permit applications for 2024, and all are now also issuing provincial attestation letters (PALs) V.5336
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We asked the major contestants of the 29 May elections about immigration. Illustration: Lisa Nelson Today’s questions and answers to the major political parties deal with immigration. We emailed our questions to the ANC, DA, EFF, IFP, FF Plus, ActionSA, PA, MK Party, and RISE Mzansi on 13 March and sent follow-up queries to those who did not respond. Some have still not responded. Answers are very lightly edited for grammar and typos. Does your party support continued extensions of the Zimbabwe Exemption Permit (ZEP)? V.5337
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Key Takeaways • Ireland will be discussing the ending of the visa-free travel scheme with South Africa. • The move comes in an attempt to reduce the number of international protection applicants. • Ireland is currently facing problems with asylum and international protection applicants’ accommodation. Ireland is planning to end visa-free travel from South Africa in an attempt to reduce the number of people applying for international protection and asylum. V.5323
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