STATISTICS show that the
new immigration regulations,
commencing October 1,
requiring minors to have an
unabridged birth certificate
when crossing South Africa’s
borders, are not likely to
be enforceable. That is the
inescapable conclusion of
research done by TNW.
This what we found:
Birth certificates
are issued in official
languages. 70% of
countries do not use
English or one of SA’s other
official languages. 135 of
the 193 UN member states
will issue birth certificates
in a language not widely
understood in SA.
Airline check-in staff
around the world will have
to be able to validate
these unabridged birth
certificates, or the airline
will be penalised for
carrying passengers whose
documentation (which
the check-in staff cannot
understand) is found on
arrival to be invalid by
Home Affairs staff (who
are also unlikely to
understand the documents
– see page 2).
It will be at SA’s land
borders where things
break down. Tourism
statistics released this
week for March 2014
show that 65% of foreign
arrivals enter by road.
62% of these are from
SADC states.
The births of most children
under five years are not
registered in the four
neighbouring states from
where SA sources most of
its visitors. Only Swaziland
achieves 50% of birth
registration, according to
Unicef.
It gets worse. Even those
who are registered do
not have documentation.
According to Unicef, 60%
of parents in Lesotho who
registered the birth of
their children do not have
any birth certificates. In
Zambia it is 62%.
Extrapolating the March
tourism stats, 465 000
minors will want to enter
SA this year, most from the
SADC states.
Home Affairs deputy
Minister Fatima Chohan
said in a speech this week:
“These provisions form
part of our international
commitments to root out
child-trafficking. People will
have to get used to these
requirements as they are
here to stay.”
Human trafficking is
not rife in South Africa.
Claims are exaggerated
and sensational. Most
trafficking is not transnational.
The UN 2012
Global Report on Trafficking
in People states that in
2010 up to March 2011,
13 children were trafficked
in SA, but there was no
mention in the report of
any being transported by air
over the border.
“When regulations were
enforced in early August
permitting only those
Mozambicans with funds to
enter SA, there was rioting
at the Lebombo border post,
which was then blockaded.
Home Affairs backed down
the same day,” says md of
Now Media, Dave Marsh.
“Minister Malusi Gigaba
has no choice but to rescind
this regulation. If it is left, but
not enforced, it will lead to
widespread corruption as it
will tempt every immigration
officer to see what they can
extort. Instead of losing a
lot more face down the line,
he should move swiftly now.
Watch this space.”
DHA agrees to meet
Meanwhile, the Department
of Home Affairs (DHA)
has confirmed it will meet
with international airline
representatives in September
to discuss their concerns
around the new immigration
regulations. This is in
response to a letter from
more than 20 airlines to the
South African government
warning that new immigration
regulations would be the
catalyst for a “tourism,
PR, economic and political
disaster".
