Section 10 of Births and Deaths Registration Act 'impairs dignity of unmarried fathers' - ConCourt

Section 10 of Births and Deaths Registration Act 'impairs dignity of unmarried fathers' - ConCourt

News24 – 24 September 2021

 

Section 10 of Births and Deaths Registration Act has been declared unconstitutional.

  • The Constitutional Court has declared a section of the Births and Deaths Registration Act unconstitutional.
  • The section does not allow an unmarried father to register his child's birth under his surname, unless the mother gives consent or is present.
  • A ConCourt judge says there is no justification for differentiating between married and unmarried fathers.

The Constitutional Court has declared section 10 of the Births and Deaths Registration Act - which does not allow an unmarried father to register his child's birth under his surname, unless the mother is present or gives consent - unconstitutional. 

In a judgment by Justice Margaret Victor on Wednesday, which was read out by Justice Steven Majiedt, the court found there was no justification for differentiating between married and unmarried fathers.

"Section 10 of the act impairs the dignity of unmarried fathers, whose bonds with their children are deemed less worthy than the children of married parents," Majiedt said. 

The apex court confirmed a 2020 ruling by the Eastern Cape High Court, which found the act invalid and inconsistent.

Father Menzile Lawrence Naki approached the court after the Department of Home Affairs refused to register his child under his surname because the mother was an undocumented Democratic Republic of Congo national.

Consent

The department would also not allow him to register the birth, without the mother's consent.

Chief Justice Mogoeng Mogoeng was one of two dissenting justices. He acknowledged that the act discriminated against unmarried fathers, but held the discrimination was reasonable, justifiable and fair. 

 

"The chief justice holds that children are vulnerable and their best interests are of paramount importance in issues that concern them have to be addressed.

"The chief justice further reasons that they must be protected and not exposed to the risks of being easily claimed and adopted by people, whose relationship with them or subsequently to be in their lives, has been established," said Majiedt.

www.samigration.com


How to spend ten days in Switzerland to skip UK's red list – for less than airport quarantine

How to spend ten days in Switzerland to skip UK's red list – for less than airport quarantine

Business Insider SA – 22September  2021

 

  • The UK's red list makes travel there arduous and expensive.
  • But a growing number of amber-status countries are now welcoming vaccinated South Africans.
  • Switzerland is one of them - and it's an ideal stopover to avoid a UK quarantine.
  • Although not exactly cheap, you can have a bucket-list ten-day holiday in Switzerland for about as much as a UK hotel quarantine.
  • Return flights to London via Zurich, for example, can cost less than R13,000.
  • And you can add unlimited train travel for another R5,000 - which leaves you with R32,000 to spend on accommodation and fondues.
  • Here's one way to skip hotel quarantine and spend ten days in Switzerland.

South Africans looking to travel to the United Kingdom - and those looking to return to the UK from here - are still unable to do so with ease, thanks to the UK's enduring 'red list'. It requires travellers from certain countries to quarantine on arrival at an airport hotel at their own expense - and at current rates, a mandatory airport hotel quarantine costs roughly R50,000.

The idea of paying R50,000 to spend a week in a small hotel room has led many South Africans to seek more attractive alternatives - like taking a detour through Montenegro. But for roughly the same amount as you'll pay to hole up in a tiny hotel room at Heathrow, it's possible to spend a week basking in the Swiss countryside - and avoid quarantine altogether.

Although slightly pricier than alternatives in the Balkans, Switzerland is closer and more convenient for travellers looking to avoid quarantining in the United Kingdom - and it's not necessarily as expensive as it is reputed to be.

With a bit of planning and by cutting some corners, like avoiding high-end city hotels and mountain-top fondues, it's possible to experience Switzerland on something of a responsible budget.

Here's how to avoid the UK's red list by spending some time in Switzerland first:

Buy a rail pass

Trains aren't the cheapest way to explore Switzerland, but they are the best. Commuter and panoramic scenic trains connect most places you'll want to visit, and for around R5,000 you can ride several of the country's most iconic routes over ten days.

It's possible to purchase individual tickets at stations or online - but prices often fluctuate and can be more expensive at the last minute. A travel pass alleviates this stress - and allows you to cash in on the extravagant panoramic routes and only pay cash for the shorter and cheaper connections.

For a red list-dodging stay in Switzerland, your best bet is a three or four days, second class Swiss Flex Pass. This pass allows you to spend three or four days on trains within 30 days - and includes other bonuses like boat rides, museum entrances, and discounts at some attractions.

Adults currently pay around R5,400 for the pass that allows four days of travel within one month; youth pay around R4,500. It may sound pricey - but a single Swiss train trip like the Glacier Express can easily cost upwards of R2,500.

An ultimate ten-day Switzerland rail itinerary

Lucerne

Leave Zurich and head straight for Lucerne - Switzerland's biggest city is expensive and not as picturesque as other parts of the country. The train journey between the two isn't worth spending a rail pass travel day on - you can buy this ticket separately for roughly R400.

Lucerne, like Zurich, isn't cheap - but it's scenic, and it's worth spending a night here to take in panoramic aerial views from the city walls and towers.

And before you leave the following day, a walk through the Old Town and across the famous covered bridges is a rewarding experience, too - and it doesn't cost a cent.

Hotels in Lucerne are expensive and largely unappealing and will force you to eat out in overpriced restaurants. If you're on a tight budget, there are dozens of admittedly small and somewhat unexciting Airbnb options that cost as little as R1,000 per night for two people.

 

Lauterbrunnen is essentially the stuff of Swiss countryside dreams - and if you're fit enough to tackle the high altitude hikes, there are few better places to appreciate the Alps, and no better way to spend your time in Switzerland, than this.

A midweek stay in a budget Lauterbrunnen hotel room costs around R1,500 per night for two people. But there are Airbnb rentals in the valley and neighbouring villages for significantly less - though some might require a bit of a trek or additional train ride to reach. 

And if you're a fan of camping, and it's not too cold, there are few better places in the world to pitch a tent than at one of Lauterbrunnen's pristine campsites.

Your Swiss Travel Pass also includes passage on select boats - and the two lakes that gave Interlaken its name are worthy of an afternoon water excursion.

Montreux

From Interlaken, the GoldenPass Line continues to Lake Geneva. And if you time it carefully with a change at Zweisimmen, you can board a classic train carriage for the remainder of the journey that's straight out of a Wes Anderson movie.

From St Moritz, you have two options. Under normal circumstances, the Bernina Express, which cuts through into Italy and back to Lugano, is a route that rivals most others in Switzerland.

 

The Bernina Express. Photo: Andrew Thompson.

But time, money, and coronavirus restrictions might make returning to Lucerne via Italy complex - in which case a direct trip back is the most sensible option. 

The direct journey back to the city by train takes about six hours. Although Switzerland doesn't market it as well as the GoldenPass Line, Glacier Express, or Bernina Express, it's a pleasingly scenic way to end a whirlwind trip of Switzerland and its rail routes.

Getting to, and into, Switzerland

The cheapest and most convenient starting point for a trip to Switzerland is to fly from Johannesburg to Zurich.

For dates in October, it's possible to find a multi-city air ticket between Johannesburg, Zurich, London, and Johannesburg, for under R13,000 - including some direct flight options on Swiss Air Lines.

Given Covid-19 restrictions, getting into Switzerland is slightly more challenging than it once was. The situation might change at a moment's notice - but with Europe slowly reopening to South African travellers, those who are fully vaccinated are not required at present to quarantine on arrival in many countries.

Avoiding UK quarantine

Switzerland is currently on the United Kingdom's Amber List. Provided travellers remain in this region for 10 days, it should be enough to avoid South Africa's red list status.

According to UK government regulations, prior to travel, unvaccinated travellers arriving in England must have booked and paid for two future Covid-19 tests, and complete a passenger locator form. On arrival in England, unvaccinated travellers must present a negative Covid test.

Travellers from Amber regions do not currently have to quarantine at a government-mandated facility - but must quarantine in the place they are staying for 10 days - and take the Covid-19 tests on days two and eight.

Fully vaccinated travellers must take a Covid-19 test on or before day two.

www.samigration.com


Canada reopens to fully vaccinated South Africans – but travelling with teens will be tough

Canada reopens to fully vaccinated South Africans – but travelling with teens will be tough

Business Insider SA -  20 Sep 2021

  • Fully vaccinated South Africans can now visit Canada for non-essential purposes without needing to quarantine.
  • The updated regulations came into effect on Tuesday and considers travellers fully vaccinated two weeks after receiving their last dose of an approved vaccine.
  • Children between the ages of 12 to 17 also need to be vaccinated to avoid quarantine.
  • But with vaccines in South Africa not yet approved for anybody under the age of 18, travelling to Canada with teenagers will be tricky.

Canada has reopened to fully vaccinated travellers visiting for non-essential purposes. But teenagers travelling from South Africa will still be forced to endure a two-week quarantine.

Canada is the latest country to ease restrictions for fully vaccinated travellers, following in the footsteps of several European nations which have reopened to South Africans. The move marks an important milestone in accessing North America, with South Africans still heavily restricted from entering the United States (US), even if they are fully vaccinated.

The new travel reprieve, which came into effect on Tuesday, allows fully vaccinated South Africans to enter Canada as tourists without needing to quarantine for 14 days. Previously, South Africans were banned from entering Canada, unless they qualified for a travel exemption – for workers, students, or compassionate reasons – and were still required to quarantine.

Travellers are considered to be fully vaccinated 14 days after receiving their final dose of the Covid-19 vaccine. Only vaccines approved by Canada – Pfizer-BioNTech, Moderna, AstraZeneca-Covishield, and Johnson & Johnson’ Janssen – will be accepted.

Proof of vaccination must be submitted via ArriveCAN, through the mobile app or website. A valid pre-arrival Covid-19 molecular test result, taken no more than 72 hours before flying to Canada, must also be uploaded to ArriveCAN. Rapid antigen tests are not accepted.

Once mandatory information – including flight, passport, and travel itinerary details – is submitted to ArriveCAN, the visitor will receive a digital receipt which must be presented prior to boarding. In addition, passengers must still travel with a physical copy of their vaccination certificate and Covid-19 test result.

Travellers may be randomly selected for Covid-19 testing on arrival in Canada. Those who test positive will be required to self-isolate.

And while South African travellers can look forward to a quarantine-free holiday in Canada, teenagers won't be so lucky. Unvaccinated children under 12-years-old can skip quarantine, but are not allowed to attend school or day-care for two weeks.

Unvaccinated children between the ages of 12 to 17 will be required to quarantine for two weeks. With vaccines in South Africa not yet approved for use on anybody younger than 18-years-old, teenagers looking to visit Canada will be forced to stay indoors.

In the US and Canada, the Pfizer-BioNTech vaccine has been administered to children between the ages of 12 to 17 since May.

Almost 54 million vaccine doses have been administered in Canada, with more than 67% of the population being fully vaccinated against Covid

www.samigration.com

 


Fear and confusion rife among foreign nationals about accessing Covid jab in South Africa

Fear and confusion rife among foreign nationals about accessing Covid jab in South Africa

Daily Maverick 22 September 2021

Foreign nationals living in SA who have some form of identification are eligible for vaccination against Covid-19. But confusion is rife, even among healthcare workers — and some migrants say they won’t get vaccinated for fear of deportation. Meanwhile, the question of how to register those without identity documents lingers.

Simon*, 42, is a Malawian national who works as a caretaker in Sea Point in Cape Town. At his age, he has been eligible for a Covid-19 vaccine for some time. He told Daily Maverick, however, that he won’t be queuing for his jab in the foreseeable future — for one very specific reason.

“I don’t have papers,” Simon said. “If they see this, maybe I can be sent back to Malawi.”

By “papers”, Simon meant that he lacks the legal right to live and work in South Africa. But he does have a passport — a Malawian one — which is all he technically requires to be vaccinated.

Although confusion is widespread on this point, Dr Nicholas Crisp — the head of the government’s vaccine programme — clarified the situation to Daily Maverick on Monday: all foreign nationals over 18 are eligible for free vaccination in South Africa as long as they have some form of identification. This could be a passport from any country, an ID book, refugee or asylum-seeker papers, and so on.

The requirement of a form of registration, Department of Health spokesperson Popo Maja has previously said, is to be able to track anyone who experiences adverse effects from any of the vaccines.

But Simon’s fears appear to be widespread.

Vinayak Bhardwaj, the regional migrant referent for Doctors Without Borders (MSF), told Daily Maverick that fear of deportation is a barrier to seeking vaccination.

“Speaking to migrants themselves, we have heard some express fear of getting vaccinated as they have expired passports which they’ve been unable to renew due to Covid,” Bhardwaj said.

In reality, any information gathered during Covid-19 testing or vaccination cannot lawfully be used to police immigration.

“Healthcare workers should not be expected to be immigration enforcement officers,” Sally Gandar, the Scalabrini Centre’s head of advocacy, told Daily Maverick.

“The information provided is for health-related reasons, and should not be shared with other departments.”

Gandar says that the information gathered is supposed to be kept confidential and password-protected. Sharing the information with the Department of Home Affairs for immigration enforcement purposes would violate the privacy of the patient, which would be unlawful.

She adds that the Scalabrini Centre, which supports migrants in South Africa, is fielding constant queries from non-citizens expressing confusion about whether they are entitled to register for vaccinations.

“We have also received reports where people have been refused the vaccine based on their documentation type. This indicates that there is also a need to provide communication targeting healthcare workers, so that they too know that non-citizens are eligible for the vaccine, and should be assisted to receive it,” Gandar says.

It is also possible that some non-citizens are being denied vaccination for xenophobic reasons. In June, NGOs including the Jesuit Refugee Service released a statement drawing attention to the fact that at certain healthcare facilities in Gauteng, migrants were being charged for basic healthcare services they are entitled to receive free in terms of the Constitution.

The University of the Witwatersrand’s Professor Francois Venter told Daily Maverick that in inner-city Johannesburg, “Everyday experience of xenophobia — especially at the hospitals — is routine to the point of being institutionalised. Foreigners are turned away by security guards and clerks, illegally, long before they see a health worker.”

Venter added that given the police’s reputation for clampdowns and extortion, “any ‘come and get vaccinated, foreigner’ message may well get met with justifiable nervousness”.

With an estimated three million foreign nationals in South Africa, and many more South Africans lacking any form of identification, some are asking whether enforcing the vaccination ID requirements is worth it in the vital quest to achieve herd immunity.

MSF’s Bhardwaj says only the Department of Health, which has a full view of the vaccine programme, can determine whether “the marginal benefit of recording accurately who got what [vaccine]” would outweigh “the urgent need to avoid a fourth wave of Covid-19 which would devastate our significantly depleted human resources for health”.     

Crisp told Daily Maverick that vaccine authorities are “busy with a solution” for registering undocumented individuals, which should be available by 10 October.

In the meantime, it appears that many vaccine sites are finding workarounds to the problem of registering those without any identity documents. The Western Cape government has already made provision for vaccinating undocumented people using a paper-based registration form. In Gauteng, some sites have permitted people to register using a police affidavit.

Health experts contacted by Daily Maverick were in unanimous agreement that vaccine-related communication from the government had not been clear enough.

“We don’t think any of the Covid-19 vaccine-related communication has been adequate, even for South Africans,” Bhardwaj said.

“What we are seeing in [MSF’s] support for the Covid-19 vaccine roll-out here in Khayelitsha, Western Cape is that there are not even the most basic information and education materials available to counter the deluge of disinformation out there. 

“What we also see, though — encouragingly — is that with some engagement and willingness to engage concerns, vaccine registrations effectively double.”

www.samigration.com

 


South Africa’s vaccine passport: Have jab, can travel, except to the UK and US

South Africa’s vaccine passport: Have jab, can travel, except to the UK and US

Daily Maverick  - 18 September 2021

Anger as United Kingdom keeps South Africa on red status despite government lobbying.

Britain’s decision to leave South Africa on its Covid-19 red list of countries from which citizens may not enter the UK – while removing eight other countries from the list – has caused outrage.

Transport Secretary Grant Shapps announced on Friday night that his government was removing Turkey, Pakistan, the Maldives, Egypt, Sri Lanka, Oman, Bangladesh and Kenya from the list and simplifying procedures for foreigners to enter. But SA stayed on the list despite furious campaigning by Pretoria and business to get it off.

David Frost, CEO of Satsa, who has been leading the campaign, told DM168 on Friday that Shapps’ decision was “scandalous and completely unacceptable”. Frost said the decision was based on obsolete Covid-19 infection data and bad interpretation of the science.

He said Shapps seemed to have based his decision on his well-known insistence that the Beta variant largely emanates from South Africa, which was anachronistic information dating from last December.

“We would want to know how Kenya was taken off the list. We know their genomic sequencing is just about nonexistent compared to ours. We do the good science,” Frost said, adding that he believed South Africa was unfairly paying the price for that science.

Elsewhere Covid-19 vaccinations are becoming health passports for South African tourists to other holiday destinations such as France, Germany, Switzerland and Greece. But the UK – the biggest source of inbound tourists – and the US remain shut to South African tourists and their own returning nationals. Britons who travel to SA have to endure 10 days of quarantine on their return, which has effectively killed the market, and is costing SA about R26-million a day, the tourist industry says.

The loss of British tourism has already cost SA R2.4-billion in lost revenue since it was put on the list in May, according to the World Travel & Tourism Council. The UK has traditionally been SA’s biggest source market for tourists. More than 430,000 British travellers arrived in SA in 2019.  During the complete shutdown of international travel from April to December 2020, UK arrivals dropped by 97%.

International Relations and Cooperation Minister Naledi Pandor joined in the campaign to persuade Britain to take SA off the red list. This week she raised the issue again with the new British Foreign Secretary Elizabeth Truss at a closed online meeting of Commonwealth foreign ministers, said Pandor’s spokesperson, Lunga Ngqengelele.

“She raises it at every opportunity,” he said. The minister did this on behalf of SA and the many other African countries on the red list.

Pandor told Radio 702 this week: “South Africa has made good progress through the third wave and its health system has shown that it is able to cope with the challenge. We are relaying this to our counterparts in the UK and we hope that very soon sense will prevail.

“South Africa is a major destination for tourists from the UK and for tourists from South Africa to the UK. I think there is a lot of protest arriving at the table of the Prime Minister as well as the Secretary of State,” Pandor added.

Frost told DM168 that SA is being punished in part because its good Covid-19 scientists made discoveries that are not being properly interpreted to the world. He is furious about reports that SA could become a Covid-19 “mutation factory”. The reports arise from the work of bioinformatics professor Tulio de Oliveira, who runs gene-sequencing programmes at two South African universities.

He told an immunology conference on 30 August that South Africa’s 8.2 million HIV-positive people were immune-compromised and therefore able to harbour the coronavirus for longer, allowing it to mutate as it reproduced.

“You have this massive virus evolution, really the virus accumulating over 30 mutations,” De Oliveira was quoted as saying. Frost said this message was amplified in the UK and elsewhere and was being taken up by British “hawks” trying to keep SA on the red list. He believes that many uncontextualised interpretations of the scientific position in SA are being used against the country.

The evidence clearly points to South Africa being removed from the red list. If the UK government wants to retain the integrity of its traffic light system, it must reward countries which empirically demonstrate they are safe by granting them amber status.

He noted that the UK imposed its outright ban on SA in December after SA had detected the Beta variant of Covid-19, as though that was about to take over the world. Since then, the Delta variant has completely overtaken the Beta variant and is also dominant in the UK.

Frost pointed out that SA’s average number of daily new Covid-19 infections had halved over the past two weeks. Its infection rate is less than a quarter of the UK’s and lower than most EU countries on the UK’s amber list (which allows entry to tourists but with quarantines).

Frost said calls were mounting in the UK for South Africa to be removed from the list. For example, in the Independent, in a joint statement on behalf of the South African tourism industry, Ben Bradshaw MP, Lord Oates and Baroness Chalker said: “The evidence clearly points to South Africa being removed from the red list. If the UK government wants to retain the integrity of its traffic light system, it must reward countries which empirically demonstrate they are safe by granting them amber status.”

Frost noted that aggressive lobbying, in a big  government campaign, got India off the list. The South African government, in tandem with business organisations like his and Business Leadership South Africa, had gone in to bat for SA, but much more was needed.

The UK and US increasingly look out of step as other tourist destinations rapidly open up to vaccinated South Africans. France, Germany, Ireland, Switzerland, Spain and Greece are among European countries that recently dropped quarantine requirements and opened their doors to South African tourists who have been vaccinated. Others are expected to follow soon.

Yet China, Russia, India, Australia, New Zealand, Brazil, Turkey and others are allowing entry to South African tourists only if they endure long and often expensive quarantine periods.

A South African woman who holds a British passport and had to return to the UK to visit her elderly mother described the costs, inconvenience and confusion of navigating the UK’s Covid-19 regulations and restrictions.

She had to book a package in advance that included  10 nights in a quarantine hotel, with three meals a day, and two PCR tests, for a total of about R35,000. The price was fixed and she had no choice of hotel. When she arrived at Heathrow Airport she and the other travellers from SA were directed to Terminal 5, which was dedicated to processing arrivals from red list countries. From there the travellers were entirely in the hands of officials who transported them to their hotels and kept them under effective guard there.

Their meals were brought to their rooms, which they could not leave, apart from short periods of exercise in the hotel parking lot. If they needed to leave their rooms for any other reason, they could only do so with permission – and under guard.

The United States is also still barring entry of South African tourists, though other categories of traveller may be permitted if the US deems this to be “in the national interest”. South Africa is on a list of 33 forbidden source countries, which includes all those in Europe’s Schengen area, as well as the UK, Ireland, Brazil, China, India and Iran.

Numbers of tourists moving between South Africa and those European countries opening up to vaccinated South Africans have slowly started to pick up, according to a Johannesburg-based travel agent.

And some South African tourists visiting those countries are using them as a back door to other European members of the Schengen visa regime that are not yet open to South Africans, like the Netherlands and Italy, diplomatic sources told DM168. This is because no immigration restrictions apply between Schengen countries.

The Johannesburg travel agent said that Schengen-area immigration officials were starting to get wise to this and demanding proof of the departure country of travellers across Schengen borders.

A diplomatic source said that South Africans travelling to France should also take care to register for the Passe Sanitaire, which certifies their vaccination status and is required for entry to restaurants, planes and regional trains, as well as all venues accommodating 50 people or more. This pass is an App with a QR code.

Other European countries have equivalents.

The agent also pointed out the hazards that shifting red list restrictions presented to travellers to destinations such as the UK. Some travellers are choosing to do their quarantines in other countries, such as in Ireland, before entering the UK. The Johannesburg travel agent told DM168 that, because of the uncertainties and variations of travel to Europe, many South Africans are instead choosing to holiday in Africa. Egypt requires only a recent negative Covid-19 PCR test, as do most countries closer to home, such as Zimbabwe, Namibia, Botswana, Zambia, Eswatini, Mozambique and Ethiopia.

This week the Seychelles took South Africa off its restricted list, meaning South Africans may visit the archipelago with only a recent negative PCR test certificate. Mauritius will take South Africa off its restricted list on 1 October. Vaccinated travellers will be allowed to roam freely across the island immediately. Those without vaccinations will still have to undergo quarantine in an official quarantine hotel for 14 days.

www.samigration.com