The Department of Home Affairs is and will continue to consider proposals regarding SA’s immigration regulations but at this stage the regulations are likely to be implemented in their current form on October 1. In this regard, a task team has also been appointed to look at the implementation of the regulations.
This was announced by Minister of Home Affairs, Malusi Gigaba, at a media briefing on Friday that followed a meeting with industry associations including Iata and the TBCSA.
“At the present moment, the clock has not stopped,” Gigaba said. However, he indicated that the department was considering proposals that had been made by the industry. He said the department had acknowledged concerns raised by the Department of Tourism and would be addressing these concerns within the next week.
However, he declined to provide further details on the content of the announcement.
There is also no time frame for the task team at this stage, said Gigaba. He also emphasised that the task team would be focused on implementation. “It is about how do we better implement these regulations,” he said, added that the goal was to ensure that the regulations do not negatively impact on the sector, but that country’s security was not compromised.
Gigaba suggested that people were already required to apply in person for visas. “As it stands not, today, if you want to come to South Africa, do yourself a favour go in person to any of our missions and apply there,” he said. “The only regulation that kicks in on October 1 relates to the unabridged birth certificate. The one that you must apply in person is applicable as we speak.”
However, an investigation by Etnw’s sister publication, SA Tourism Update, showed this was not the case. See report here. After this was raised with the minister, he conceded that there were challenges.
“The fact that a mission abroad doesn’t understand what they have to do is not necessarily their fault,” Gigaba said. “It is our responsibility to ensure that they do understand.” He added: “All that they need to do start taking applications in person because we do not want to reject someone at OR Tambo airport because of a mistake committed by a mission abroad because of poor communication.”
Gigaba acknowledged that the department was aware of concerns raised by the industry and also acknowledged that there was a need to enable greater communication with industry stakeholders. He said this would enable greater clarity regarding the new regulations.
Industry associations have spent the past two months actively lobbying for a postponement of the new regulations to allow time for them to be effectively communicated and systematically implemented.
The regulations were published as part of the new Immigration Amendment Act in May to take effect from May 26. Subsequent to an industry outcry and lobbying by industry associations, a grace period was given until October 1.
Under the new regulations, people travelling to SA on a visa are required to apply for the visa in person. Parents travelling with children under the age of 18 are required to produce an unabridged birth certificate for each child. In the case where only one parent is travelling with the child(ren), consent in the form of an affidavit from the other parent registered is required. Alternatively, either a court order granting full parental responsibilities and rights or a death certificate of the other parent must be produced.
What are the operational issues you anticipate in relation to these new regulations? We wouldlike to raise these with the department. Please email your questions and concerns to tessar@nowmedia.co.za.
