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

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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