HAVING relaxed rules to allow
children, travelling on a foreign
passport with both parents,
to exit and enter SA without
carrying their birth certificate,
the Department of Home
Affairs issued a statement on
its website the following day
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 its refusal to
engage with the travel and
tourism sector and this
represents a further setback
for SA’s attempts to win back
a reputation as a child-friendly
destination.
Home Affairs now justifies
the advisory on the basis that
it gives effect to the Children’s
Act of 2005.
A spokesperson for Genevabased Iata, which uses its
Timatic system to advise
check-in staff of its member
airlines on what travel
documentation travellers need,
told TNW that they had been
advised by SA government
sources to use the advisory,
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 TNW
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 the
Professor.
In the meantime, airlines
around the world are
compelled to continue to deny
boarding to children without
birth certificates.
