How new anti-trafficking measure will affect you

As of 1 June all minors entering and exiting South Africa will be required to produce a full original unabridged birth certificate.

This comes after studies by the Department of Home Affairs showed that 300 000 minors are trafficked through South Africa every year of which 50 per cent is under the age of 14.

This new law, which will also be enforced on foreigners travelling in and out of the country, will mean it is the responsibility of parents to ensure their children will have the right documents, which includes the child’s passport.

When a child travels with only one parent, additional documents should include an affidavit from the absent parent that they have given their consent for the child to travel. In case of the child travelling with neither the parents, an affidavit from both parents should be submitted. Affidavits should not be older than three months. The new law will not apply to children travelling domestically.

According to the fact checking organisation Africa Check, certain pitfalls with the law is foreseen which includes:

• When couples are divorced: – The Immigration Amendment Act is not entirely clear on the requirements in the case that parents are divorced. A certified copy of the divorce order should be carried in addition to the letter of consent from the other parent and a copy of their identity document. If the parent not travelling with the child has refused to give consent, then the other parent will have to get a court order, he said.

• When one parent has died – If one of the parents has died, a certified copy of the death certificate must be taken along.

• When the father is unknown – The mother will need to show an affidavit saying that she is solely responsible for the child

• When parents are the same sex – The full birth certificate allows for same-sex parents.

Africa Check’s report also notes that some of the criticism levelled against the new law includes that it will hurt tourism and other critics feel it will not really prevent trafficking since traffickers “don’t follow legitimate and documented methods of travel but cross the border in illegitimate and clandestine circumstances.”

An unabridged birth certificate can be applied for at your nearest Home Affairs office at a cost of R75. You will have to bring along your ID book as well as your child’s ID number.

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