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Home Affairs delay threatens peak season

Source: Tourism Update, 23/11/2015


Changes to South Africa`s immigration regulations were announced a
month ago but they have yet to be put into effect.


An apparent delay in implementing changes to South Africa`s
immigration regulations is expected to hurt the busy summer
period.

Changes to the regulations were announced on October
23 but, a month later, the changes have yet to be implemented.


SATSA CEO, David Frost, says for the December period, when people
travel with families, implementing changes to the regulations would
have had a positive impact.


Frost explains that the changes to the regulations were announced
because they were having a negative impact on tourism. "The sooner we
take these things away, the sooner we will remove the negative impact
they are having on tourism."


Frost says there has been no communication with the industry from the
Department of Home Affairs, and says he does not understand what the
delay is. "What concerns me is that a Cabinet directive is issued […]
and people just ignore it. I don`t understand why it has to take a
month," he says, adding that changing a law required people to redraft
the law and then have it approved. "It can be done in a day."


According to Professor Vicky Bronstein of the Wits Law School, to put
into effect changes to the Immigration Amendment Act, Minister Malusi
Gigaba needs to consult with the Immigration Advisory Board. She says
the process shouldn`t be a long process.


However, Department of Home Affairs Spokesperson, Mayihlome Tshwete,
says the department has given timelines by which it will implement the
changes. These include that changes to the visa application process
will be put into effect within three months. He adds that the
department is on track to implement the taking of biometric data at
ports of entry within the three-month timeframe.


According to Tshwete, changes to the requirement for children
travelling to and from SA to produce and unabridged birth certificate
are also likely to be put into effect within three months. He says the
department is using the three-month timeframe to look for a legal
instrument that will enable it to make the recommended changes. "The
Constitution and the law currently will not allow us to have a waiver
for certain countries because our Constitution, as you know, doesn`t
make a distinction between children from one country to another. It
says that children`s rights are applicable to anyone who is in the
country."


Tshwete emphasises that travellers will still be "strongly advised" to
carry this document. "If an immigration officer wants to check and
your information doesn`t check out, he can still send you back."


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