New immigration laws to protect citizens and improve lives were implemented in South Africa on the 26th May, 2015. They are intended to help curb child trafficking across South African borders and ensure the safety of children when they travel. However, many feel these will have a negative impact on the South African travel industry and economy. The concern is that these regulations will deter tourists from travelling to South Africa, particularly since the sole responsibility to ensure all the relevant documentation is in hand before travelling now lies with the tourist. It is no longer possible to just decide to take a detour and fly to South Africa for a quick visit. It’s imperative that you have the correct documentation with you; namely a passport, an unabridged birth certificate or the correctly certified documentation from the relevant authorities otherwise you will not be allowed enter the country and will be deported.
The Immigration Act 2002, was amended in 2007/2011, giving South Africa the new Immigration Act 2007/2011. The amended Act came into force with the Immigration Act of 2014 and came into operation in May. The new laws have changed how one travels into and out of South Africa, especially concerning minors. These changes are detailed below:
Travelling In and Out of South Africa with Children
Two parents Travelling with a Child
Requirements:
Parents must produce a computerized unabridged Birth Certificate of the child reflecting the particulars of the parents
In the case of adopted children, parents must provide proof of adoption through an adoption certificate
“Explanatory note:
These regulations apply to all travellers, both foreign and South African on departure and arrival
In a situation where a foreign country does not issue unabridged birth certificates, a letter to this effect issued by the national authorities must be produced
All documents must be original or certified copies by a commissioner of oaths or the equivalent commissioning authority of the country in question”
One Parent Traveling with a Child
Requirements:
A lone parent must produce a computerized unabridged Birth Certificate of the child reflecting the particulars of the parentage of the child
Consent in the form of an affidavit from the other parent registered as registered on the child’s birth certificate authorizing him or her to enter or depart the Republic with the child
A court order granting full parental responsibilities and rights or legal guardianship of the child, if the other parent is the legal guardian of the child
Where applicable, the death certificate of the other parent
Legally separated parents should also provide a court order when the other parent does not give consent
Provided that the Director-General may, where the parents of the child are both deceased, and the child is travelling with a relative or another person related to him or her or his or her parents, approve such a person to enter into or depart from the Republic with such a child.
Explanatory note:
The affidavit must not be older than three months from the date of travel
A Person Travelling with a Child who is not their Biological Child
Requirements:
A copy of the computerized unabridged birth certificate of the child
An affidavit from the parents or legal guardian of the child confirming that he or she has permission to travel with the child
Copies of the identity documents or passports of the parents or legal guardian of the child
The contact details of the parents or legal guardian of the child provided that the Director-General may, where the parents of the child are both deceased, and the child is travelling with a relative or another person related to him or her, approve such a person to enter into or depart from the Republic
A minor traveling alone
Requirements:
Proof of consent from one of or both his or her parents or legal guardian in the form of a letter or affidavit for the child to travel into or depart from the Republic
A letter from the person who is to receive the child containing his or her residential address and contact details of where the child will be residing during his or her stay
A copy of the identity document or valid passport and visa or permanent residence permit of the person who is to receive the child
The contact details of the parents or legal guardian of the child
A Child in Alternative Care as defined In The Children’s Act, 2005
(Act No. 38 of 2005)
Requirements:
Before departing from the Republic, produce a certified copy of an authorization letter from the Provincial Head of the Department of Social Development where the child resides as contemplated in section 169 of the Children’s Act
Explanatory note:
This Regulation has been in force since May 2014
Note: If you are travelling to South Africa contact the authorities and ensure you have what you require to travel to South Africa.
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Mitch Launius
Instructor Pilot for 30 West IP
Mitch is the CEO of 30 West IP where he is also an instructor providing pilot training on international procedures. With an illustrious career of over 34 years in the cockpit, Mitch has acquired over 13,000 hours of flight time flying worldwide, with over 9,000 hours of this in Challenger and Gulfstream aircraft. He is an experienced safety officer and was also an IS-BAO project manager for a fortune 500 flight department. He has presented on Safety and Operations topics at the NBAA International Operators Conference and the Canadian Business Aviation Association Convention and is currently on the NBAA International Operators Committee and serves as the North Atlantic Regional Lead. Mitch is also a member of an FAA working group on General Aviation International Authorizations and Tabletop Exercises (GIATE). He was recently selected to represent IBAC as a member of the ICAO Personal Training and Licensing Panel (PTLP) and was also recently named as a 2020 recipient of the NBAA Tony Kern Professionalism in Aviation Award for his contribution to the business aviation community.
Henry ‘Duke’ LeDuc
Director Of Operations, Americas, UAS International Trip Support
Duke has been a dearly respected member of UAS Americas team and the UAS global family for more than five years. A safety-oriented, FAA-licensed aircraft dispatcher, he oversees all of the operations of the elite UAS Operations Team. With twenty-five years of experience in aviation overall with more than fifteen years of experience in international flight planning and VVIP trip coordination, he is responsible for the development of the dispatch training program and involved in the strategic development of UAS Americas. With a myriad of rich aviation experience behind him, he has extensive experience in worldwide operations with both corporate and charter environments, including seven years as Operations/Dispatch Manager in an industry-leading, Fortune 500, IS-BAO Stage III Certified corporate flight department. Duke is frequently asked shares his knowledge at major industry events and is currently serving on the NBAA’s International Operators Conference (IOC) Planning Committee.
Dudley King
President and Founder, FlightBridge
Dudley is the Founder and President of FlightBridge, which he established in 2011 and has been focused on technology solutions for the private aviation industry since 2006. Since he graduated from Dartmouth in 1988, he has worked with an array of companies listed anywhere from VentureWire to the Fortune 100. A rare blend of executive, entrepreneur, and consultant, Dudley’s executive roles have included acting CIO positions for several companies and tech advisory services to CEOs trying to rebuild their technology organizations or looking for an external, professional point of view. Highly skilled at deeply understanding his customer’s business challenges and drawing from a long and varied experience in information technology services, Dudley excels at designing technology solutions to solve their problems.
Dr. Paulo Alves
Global Medical Director, Aviation Health, Medaire
Paulo has extensive experience in medical advisory in the aviation industry. As a cardiologist, he provides technical guidance and analysis for MedAire’s MedLink medical advisory service and is MedAire’s liaison with civil aviation regulators and industry associations. Paulo worked with Varig Brazilian Airlines for 23 years, 10 of which were spent as General Medical Manager. A member of the MedAire Medical Advisory Board, Paulo is also President of the Ibero-American Aerospace Medical Association, a member of the International Academy of Aerospace Medicine, a member of the National Business Aviation Association (NBAA) Safety Committee, a Fellow of the Aerospace Medical Association (AsMA), and a Fellow of the Civil Aviation Medical Association. Throughout his illustrious career, Paulo has held industry leadership roles including Chairperson of the AsMA’s Air Transport Medicine Committee, President of the Airlines Medical Directors Association, President of the Brazilian Society of Aerospace Medicine and was a member of the IATA Medical Advisory Group from 2002 to 2006.
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