THE private sector needs
to stand up and fight
the new SA immigration
regulations that will come
into effect from October 1,
says Rijan Visser, director of
marketing at Live the Journey.
The regulations include the
requirement to apply for visas
to SA in person, while parents
travelling with children under
the age of 18 are required to
produce an unabridged birth
certificate, or the equivalent in
the country of origin, for each
child.
Rijan suggests that the
private sector should seek a
High Court interdict to prevent
the implementation of the
new regulations. He says the
industry would need to put
a legal team together, which
would need funding. “If 1 000
companies throw in R1 000,
it would be a good start,” he
says. “I pledge the first
R5 000 from Live the Journey.
“I agree with the TBCSA that
we need to get a 12-month
moratorium to investigate but
I feel we need to provide the
platform for them and other
bodies to challenge this,”
he says.
Professor Vicky Bronstein of
the Wits Law School told TNW
that there had been recent
cases where the Supreme
Court of Appeal had struck
down regulations because they
lacked rationality. She cited
examples of two recent cases.
Attorney Chris Watters of
Edenvale, who sat on the
Immigration Advisory Board to
Home Affairs, told TNW that
by insisting that South African
minors carry unabridged birth
certificates, the regulations
might technically not be
enforceable as Home Affairs
may be assuming powers it
does not have.
Meanwhile, SATSA
responded to the call, saying it
would explore the possibilities
of a legal challenge. The
association has met with
senior council but, says
ceo, David Frost, “this is
an absolute last resort and
once embarked upon, is
irrevocable.”
SATSA and fellow
associations, including Asata,
continue to work through the
TBCSA. “To this end we will
continue to push for a meeting
with Home Affairs Minister
Malusi Gigaba, although,
as testified by the question
raised by the ceo, Mmatšatši
Ramawela, to Tourism Minister,
Derek Hanekom, at the
recent SATSA Conference,
the request for a meeting
sent on July 1 has gone
unacknowledged. The
mantra espoused by Minister
Gigaba that no one has
been in contact with him is
disingenuous in the extreme,”
David said.
Meanwhile, Barsa has
released an open letter to
the Minister, representing
21 foreign airlines flying into
South Africa.
The statement says:
“Passenger safety and
security is the number-one
priority of the international
airline community and any
measures to protect children
and improve border security
has the full support of
the industry. However, the
Department of Home Affairs
is clearly confused and trying
to address the right problems
with the wrong solutions or the
right solutions at the wrong
time.
“A recent independent report
estimated that the ‘unintended
consequences’ of these new
immigration regulations could
cost South Africa up to R10bn
in lost tourist income as well
as a loss of over 21 000 jobs.
“The Department of Home
Affairs is ignoring the potential
economic risk to South
Africa. More than that… it
has made false assertions
that most other countries
require children to travel with
unabridged birth certificates
and it has a non-existent
global communication strategy.
“It is clear that the
Department of Home Affairs is
not ready for its own rules and
is happy for South Africa to
pay the price. The DHA must
stop ignoring the numerous
organisations that can help
it achieve its goals without
unnecessarily threatening
South African jobs and
disrupting the travel of tens
of thousands of law-abiding
families. The global travel
community wants to help
South Africa avoid a tourism,
PR, economic and political
disaster but the DHA seems
intent on that course.
See the full letter on eTNW
(‘Gigaba, please let us help
you’, published on August 13).
