WARNING: Do not tell clients birth certificate regs have been relaxed

Source: Tourism Update, 27/10/2018

Is history repeating itself with unabridged birth certificates?
South Africa faces an embarrassment of spectacular proportions as
publicity about the new birth certificate regime gives the impression
that immigration officials are relaxing requirements. Irrespective of
what the officials might do in SA, it is at airline check-in desks
overseas where things will implode. The publicity could lead to
tourists in large numbers arriving at airports and being denied
boarding by airlines, who have to follow the letter of the law as
gazetted in 2014, until it is actually amended.
The tourism industry and its stakeholders have expressed
disappointment at the failure of the South African government to
effect any real change to the unabridged birth certificate (UBC)
regulation, which remains firmly in place, according to gazetted law.
In an article published by Tourism Update on February 12, 2016, the
Inter-Ministerial Committee (IMC) “recommended a dispensation in terms
of which travellers would be ‘strongly advised’ to bring along proof
of the relationship between the child and the parent or guardian, such
as an unabridged birth certificate, or equivalent document with both
parents’ particulars.”
Sound familiar? That’s because the statement made by then Director
General of the Department of Home Affairs (DHA), Mkuseli Apleni, and
was regurgitated on Tuesday, September 25, 2018, by current Home
Affairs Minister, Malusi Gigaba: “The key changes will be that rather
than requiring all foreign national travelling minors to carry
documentation proving parental consent for the minor to travel, we
will rather ‘strongly recommend’ that travellers carry this
documentation.”
The then spokesperson of the DHA, Mayihlome Tshwete, at the time
(February, 2016) said that in order to change this requirement,
amendments needed to be made to certain sections of the regulations.
He said this process, which included setting up an advisory board, was
under way, and would probably be concluded in the next three months.
That was 32 months ago.
Gigaba said in his announcement that his department would issue an
international travel advisory before the end of October 2018 after
consultation with the Immigration Advisory Board (IAB). This was
echoed by Minister of Tourism, Derek Hanekom, in a statement on
September 26 saying that the amendment to the Regulations would be
gazetted by Gigaba for information in October 2018. “From the end of
October 2018, when both parents travel with a minor, no additional
documentation will be required,” said Hanekom.
Until the regulation amendment is gazetted, however, airlines remain
bound by the regulation currently in force, and foreign nationals
travelling with children will still need to have proof of relationship
with the child and/or parental consent to travel.

(12)(a) Where parents are travelling with a child, such parents must
produce an unabridged birth certificate of the child reflecting the
particulars of the parents of the child.
With history seeming to repeat itself, and mirrored statements made in
2016 and 2018, the industry may rightfully believe UBCs could remain
in place for another two years:
2016: …airline check-in staff no longer have to ensure that foreign
passengers are carrying a UBC when travelling with a minor �` statement
made by Home Affairs, 2016.
2018: Foreign nationals travelling to South Africa will no longer be
required to have unabridged certificates for their minor children upon
arrival in South Africa �` statement made by Home Affairs, 2018.
In the refreshed regime, when it happens, immigration officers will be
trained to detect `high-risk` individuals at the gates, says Gigaba.
But former DHA spokesperson Tshwete tweeted that putting the power of
discretion into immigration officers` hands would be counter-productive.
CEO of the Airlines Association of Southern Africa (AASA), Chris
Zweigenthal, commented at the time in 2016: “Until there is an
official change to the regulation, the requirement to carry a UBC is
still the status quo” adding that he would advise people to not take a
chance �` bring everything.