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17 - 24 June 2014
Issue 570
41433
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New rules complicate family travel to SA | In a bid to curb child trafficking, the SA government has introduced controversial new requirements for children travelling in and out of SA. But will all the hassle prove worthwhile or will it deter tourists and cause headaches for South Africans?
by sertan sanderson The South African government has introduced new travel regulations as part of its new Immigration Act, which are designed to combat child trafficking but are also discouraging family travel into the country. The new law requires parents and legal guardians of any nationality arriving in and departing from South Africa to produce unabridged birth certificates (in addition to passports) for children. Coming into immediate effect when issued in the Government Gazette on 26th May 2014, the new regulation holds more caveats than just having to present an extra document at port of entry. For one thing, it is assumed that the birth certificates will need to be in English or will otherwise have to be accompanied by notarised translations. While almost all countries feature English translations on birth certificates, this may delay certain nationalities. The new travel requirements are further complicated in cases where children are accompanied by only one parent or guardian, in which case an affidavit from the other parent or a copy of a court order stating sole custody is also required. Any of these affidavits would have to be notarised, which will mean further costs. In the case of a deceased parent, a copy of the death certificate will need to be presented. In general, it would appear that cases with just one parent present
| 50 YEARS ON: Chief Mangosuthu Buthelezi poses on the red carpet with the Zulu choir at last week’s London gala screening to celebrate the 50th anniversary of Zulu. Buthelezi, who played his great-grandfather in the 1964 movie but was unable to attend the original premiere, was joined by Prince Harry to watch a digitally remastered version of the iconic film. The evening raised funds for two charities supported by Prince Harry, Walking With The Wounded and Sentebale as well as the David Rattray Memorial TrustPhoto by Anthony Upton / i-Images
will be most complex under the new law, making the lives of single parents even more difficult. It is entirely uncertain how families with uncommon lifestyles, such as members of the LGBT community or surrogates might be treated under the new regulation, but it is likely that further difficulty lies ahead. You don’t need to have a “modern family” to end up in a bureaucratic quagmire under the new guidelines.
If a child is accompanied by anyone other than a parent or a legal guardian, affidavits from both parents or legal guardians will have to be presented at immigration. This is in addition to copies of the guardians’ ID documents as well as detailed information about where the child will be staying upon arrival, including copies of ID documents of the individuals with whom the child will be staying.
The absurdity of the new regulation can easily be shown in the case of a single parent sending his or her child away with a close relative to spend the holidays with grandparents in South Africa. In addition to his or her passport, the child would have to present an unabridged birth certificate, a document either stating consent from the other parent or proving sole custody, an affidavit from
each parent allowing the child to travel in the company of said relative, full copies of the parents’ IDs and full copies of the relatives’ IDs. This could mean up to eight documents required to be presented at immigration – plus a passport. While the birth certificate and copies of IDs are likely to feature English wording, some documents may not be issued in English in certain territories. In some scenarios, children might have to travel with more than ten documents in total per child just to get in and out of SA – regardless of nationality or purpose of the stay. Considering the rather sensitive nature of the information contained in those documents, including full addresses, ID numbers and other personal data, it could be easy to get this information into the wrong hands if any documents are lost or stolen during transit, increasing the potential for identity theft. In addition to making travel plans to SA both logistically and emotionally taxing, it is expected that the new regulations will also discourage growth in the tourism sector at a time, when South Africa’s economy might be on the brink of another recession. However, in the light of child abductions and questionable custody cases challenging immigration officials, some level of merit must be afforded to the new regulations.
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