On 26 May 2014 new regulations were introduced to regulate South Africa’s immigration policy. The new regulations have been viewed as controversial and have caused widespread outcry from the public. Notwithstanding the public outcry the regulations will remain applicable until such a time as they have been replaced or declared unlawful through a court process.
The purpose of this article is to inform the public of new regulations in respect of the entry, departure and travel of children into and out of South Africa.
Regulation 6(12) of the Immigration Act now recognises 4(four) ways in which Children can travel, namely:
WHERE BOTH PARENTS OF A CHILD ARE TRAVELLING WITH THE CHILD:
Regulation 6(12)(a) provides that where both parents are travelling with a child they must produce the child’s original unabridged birth certificate reflecting the particulars of both parents of the child.
WHERE 1(ONE) PARENT IS TRAVELLING WITH A CHILD:
Regulation 6(12)(b) provides that where 1(one) parent is travelling with a child, he or she must provide the following:
WHERE A PERSON IS TRAVELLING WITH THE CHILD THAT IS NOT HIS OR HER BIOLOGICAL CHILD:
Regulation 6(12)(c) provides that where a person is travelling with a child that is not his or her biological child that a person must provide the following:
The regulations define an “unaccompanied minor” as a child under the age of 18(eighteen) years who travels alone.
Regulation 6(12)(d) provides that an unaccompanied minor must provide the following:
While the regulations are quite clear on the ways a child can travel and what needs to be provided to allow that child to travel, they also cater for unforeseen circumstances where both parents of a child are deceased.
Regulation 6(12)(c) and 6(12)(c) provide that the Director-General of the Department of Home Affairs may, where the parents of a child are both deceased and the child is travelling with a relative or another person related to the child or the child’s parents, approve the person who is travelling with the child to enter into or deport from South Africa with the child.
EXTENSION ON REQUIREMENT OF UNABRIDGED BIRTH CERTIFICATE:
Due to public outcry the Department of Home Affairs announced on 10 June 2014, that the requirement that an unabridged birth certificate of a child must be provided when travelling with the child will only be enforced from 1 October 2014.
The Department has urged members of the public and foreign nationals, to apply for unabridged birth certificate for their children to ensure compliance from October 2014.
CONCLUSION:
While the new regulations have cause controversy, they are aimed at preventing child trafficking, child abduction and child kidnapping. It is the writer’s view that the introduction of the new regulations are an important development which further the safety and security of children in South Africa, gives meaning to the children’s rights in the Constitution and assists in the enforcement of the Hague Convention on International Child Abduction. In a world where innocent children are placed in harm’s way every day, it is both important and necessary to do all that can be done to prevent such harm.
