Tag Archives: DHA

Important law changes for travelling with children in South Africa

Important law changes for travelling with children in South Africa

Just recently the DHA has released a statement according to the requirements of travelling with children which gives us a flicker of hope that the government backs away from the very strict Immigration Law they implemented a year ago.

Firstly parental travellers from visa exempt countries, like the UK, USA or Germany, do not need a birth certificate additional to the passport anymore. However, the parent should take a consent from the other parent in case of travelling with the child alone.


picture source: www.seatmaestro.com

This loosening of those restrictions does not apply to travellers from visa restricted countries, like India, Russia or China, as the Cabinet opines that providing a birth certificate is international standard.

The requirements for unaccompanied minors will remain the same and there will still be needed a copy of the identity document or valid passport and visa or permanent residence permit of the person who is to receive the minor. Continue reading

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Child trafficking regulations in South Africa

A big talking point in immigration law nowadays is the onerous new regulations for travelling with minors, set to become active in June 2015. While the DHA’s heart seems to be in the right place, these regulations are all but good news for anyone in the tourism industry. We of course support every effort to reduce child trafficking in South Africa.

According to the DHA, the general idea is to reduce child trafficking, kidnapping and abduction. Media reports and activists have reported around 30 000 children being trafficked every year. The African media fact-checking service known as Africa Check believes this number to be highly exaggerated and unsubstantiated. They went on to state that such exaggerations, while effective at capturing the attention of the public, create a poor platform for policymaking and resource allocation. In reality, between 2010 and 2011, the South African National Prosecuting authority reported 235 adults and 13 children as victims of human trafficking. Missing Children SA report having dealt with 304 missing children in 2012, 2% (6) of which are due to human trafficking. The amount of child trafficking cases seems to be exponentially less than broadcasted on the media and, unfortunately, it seems the DHA is basing its regulations on the media reports instead of actual statistics. Continue reading

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Top 5 of our most important Immigration News recently

1.) Update on the 2014 Immigration regulations

Much reporting and debate has taken place since the Department of Home Affairs (DHA) introduced the new immigration regulations on 26 May 2014.

Furthermore the approach seems to be that implementation of this new law starts with the promulgation by the President. Preparation of services, training of staff, etc. is to follow. Basically we got a brand new car delivered, only that the wheels and the seats are still missing – and of course the steering wheel! Continue reading

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Court Case against Directive 9

We previously reported on the Department of Home Affair’s (DHA) recent Directive 9, which basically declares anybody with an expired permit to be an undesirable person in South Africa and subsequently bans them for 1 to 5 years. Whereas the motivation is in principle understandable, this Directive fails to make any exemptions for people who have actually applied for permit extensions with DHA. This has caused absolut chaos and huge frustrations among our clients and many other foreigners, who feel they have done nothing wrong and are now facing either a ban from South Africa or are stuck in the country.

court case

It would not take long before somebody, who was put into this hardship, would litigate against Home Affairs. Considering that currently we still cannot submit any applications within South Africa, that the SA missions around the world have not been briefed on the new immigration law and VFS is non-functional, I decided to spend time in the High Court today and followed the court proceedings. What an experience. Continue reading


Filed under Immigration