The Minister of Home Affairs, Dr Aaron Motsoaledi, convened an inclusive meeting involving senior immigration officials and ports of entry managers to address the challenges arising from the implementation of Regulations pertaining to travel into the Republic, including opening the tourism industry and promoting trade in order to stimulate economic recovery.
The Minister of Tourism, Ms Mmamoloko Kubayi-Ngubane, was consulted prior and during the meeting and fully endorses its outcome.
The visa free status of citizens of some countries and territories was temporarily suspended at the start of the lockdown period. In line with the commitment of Government to take urgent steps to address the economic and tourism stagnation brought about by the outbreak of Covid-19, the visa free status of citizens from the following countries and territories has been reinstated:
• South Korea;
• Spain;
• Italy;
• Germany;
• Hong Kong;
• Singapore;
• USA;
• UK;
• France;
• Portugal; and
• Iran.
However, the visa free status does not alter the current Covid-19 Regulations.
The Minister has instructed officials to communicate this decision to the aviation industry, embassies and other stakeholders as a matter of urgency.
The port managers have been instructed to adhere to the SADC protocol and guidelines regulating the movement of essential goods under Covid-19 Regulations. The guidelines regulating truck drivers travelling across the border will continue to apply as has been the case for the past seven months.
In view of the confusion regarding the 72 hours negative test requirement, The Department reiterated that business persons providing services across the borders of SADC are allowed multiple entry subject to the following:
• Producing a certificate of negative Covid-19 test result not older than 72 hours from the time of departure. This certificate is valid for 14 days.
Minister Motsoaledi is fully aware of the issue of airline and maritime crews and he has been informed that the Minister of Transport is resolving the matter and a statement to that effect will hopefully be issued by the Minister of Transport today.
Immigration officers will be required to assess the movement and place of origin of the traveller and not the country of origin of the airline concerned.
Transit travellers through South Africa by air will be allowed to connect to their destinations, subject to them complying with applicable health protocols but need not produce the 72 hours negative certificate.
www.samigration.com

Announcement same date , for ease I produce relevant section , I called around and total confusion at airports , if for example a UK person flew to Turkey , a low risk country and stated for 2 weeks , they should be able to come to Sa as a low risk country person and as a leisure traveller ? at odds with covid19business email requirements , what is your assessment

Minister Naledi Pandor: Re-opening of borders and ports of entry for international travellers during Coronavirus Covid-19 epidemic lockdown level 1

Leisure Travellers from high risk countries will not be permitted.

The exception will be business travellers with scarce and critical skills including diplomats, repatriated persons, investors and people participating in professional sporting and cultural events will undergo the same health protocol screenings. 

If the passport of the traveller from a high risk country indicates that he/she has spent 10 days or more in a low risk country before departure, he/she will be considered to be arriving from a low risk country.

Travellers from medium and low risk countries will only be allowed into the country subject to the prevailing visa requirements. 

Airlines from high risk countries are not necessarily banned, but their crew will be required to isolate in facilities at designated accommodation at the cost of their employer.

Long term visa holders who visit the country for business purposes will be allowed to travel to South Africa. These travellers will also be subject to health screenings for COVID-19 symptoms at the port of entry.  

Minister Naledi Pandor: Re-opening of borders and ports of entry for international travellers during Coronavirus Covid-19 epidemic lockdown level 1

30 Sep 2020

Briefing statement on the re-opening of the borders and ports of entry for international travellers

Fellow South Africans, esteemed travellers and visitors to our beloved country and members of the media, thank you for allowing us, the Ministers tasked with immigration, tourism, health, transport and international relations and cooperation the opportunity to come before you to explain and to give necessary clarifications on how the South African borders will be reopened for international travel from 1 October 2020.

We are also here to explain the requirements that the travellers will be expected to abide by as they visit our country.   

On 15 March 2020 President Cyril Ramaphosa announced the National State of Disaster in terms of the Disaster Management Act.  In his address President Ramaphosa announced that government was taking urgent and drastic measures to manage the spread of COVID-19 infections, protect the people of this country and reduce the impact of the virus on the society and the economy. 

One of the measures announced by the President entailed the introduction of restrictions on international travel and the closing of borders and ports of entries until the COVID-19 infection rates were reduced into manageable levels. On 20th September 2020, President Ramaphosa announced that the country was moving to Alert Level 1 of the Risk Adjusted Approach. Under Alert Level 1, the country eased some of the stringent restrictions which were imposed on citizens under lockdown.

He further announced that on 1 October 2020 South African borders will be opened for business and leisure travel for international traveller’s subject to a number of restrictions for travellers. These restrictions included that all travellers visiting the country will be expected to abide by the regulations which include mandatory wearing of masks at all times, practising social distancing in public spaces, regular washing or sanitizing of hands and presenting a negative COVID-19 test result not older than 72 hours from the time of departure.

Easing of travel restrictions

As a country we have adopted a gradual reopening of borders and ports of entry for international travel for business, leisure and other travel guided by the communique published by the Word Health Organisation (WHO) on Public Health on considerations for international travel on 30 July 2020.  The gradual reopening of borders and ports of entry informed by a cautious approach means that a limited number of ports of entry and borders will be opened from 1 October 2020. In reopening these selected ports of entry and borders we will be guided by epidemiological and transmission rates both in South Africa and the traveller’s countries of origin.

As Government we will constantly monitor the transmission rates both in the country and the countries of origin and respond accordingly.

In the past month, the country’s health care capacity has significantly improved to treat those infected with the COVID-19 virus. To date the country has conducted over 4 million COVID-19 tests in both public and private health care facilities.  Furthermore, the recovery rate is currently at 90 percent and the numbers of those infected with the virus is drastically reducing at an encouraging rate.

 Due to the sacrifices made, the cooperation and determination of many South Africans we can now confidently declare that the country now has sufficient hospital capacity, including beds, ICU space and ventilators.

We can confidently say that the country is in a position to manage the number of infections and to provide adequate medical care and treatment for those who present COVID-19 symptoms.  These response measures and the cooperation of the South African has been made possible for us to decide to re-open our borders for international travellers and visitors. 

The country has also put measures in place to mitigate the risk of resurgence or a second wave of the spread of the virus by improving its contact tracing and isolation measures. One of the ground-breaking innovations that has been introduced is the COVID-Alert APP which alerts subscribers and provides relevant information if they have been in contact with any person who has tested positive for the virus.  The APP helps to minimize the risk of spreading the virus.

All these measures have put the country at the cutting edge of managing the spread of the virus. We encourage the international travellers who intend to visit the country to download the APP so that they are able to monitor and minimise their risk of exposure to the COVID-19 virus.

Travellers intending to visit the country will be expected to produce a PCR  (polymerase chain reaction) test that is not older than 72 hours from the time of departure from the country of origin to South Africa. This test must be conducted by a certified medical practitioner and should have the name and signature of the practitioner who conducted such test.

Upon arrival in the port of entry, the traveller will be screened for any COVID-19 symptoms or for contact with people who have been infected with the COVID-19 virus. 

Travellers will also need to provide proof of accommodation address should they need to  self-quarantine at the time of arrival in the country.

Should the traveller display any COVID-19–related symptoms or been in contact with an infected person(s), they will be expected to take a mandatory COVID-19 test.  This test will be at the traveller’s cost.  If the COVID-19 test comes back positive, the traveller will be subjected to a 10 day quarantine at a designated site.  The accommodation at a quarantine site will be at the traveller’s cost.

South Africa has developed a risk categorisation model for different international travellers. This model classifies international travellers according to a scale of high, medium and low risk.  High risk travellers are those who come from countries with higher numbers of COVID-19 infections and reported deaths compared to South Africa.

Medium risk travellers are from countries with relatively equal number of infections and death toll to South Africa and low risk travellers obviously originate from countries with lesser number of infections of COVID-19 and death toll than South Africa.

Leisure Travellers from high risk countries will not be permitted.

The exception will be business travellers with scarce and critical skills including diplomats, repatriated persons, investors and people participating in professional sporting and cultural events will undergo the same health protocol screenings. 

If the passport of the traveller from a high risk country indicates that he/she has spent 10 days or more in a low risk country before departure, he/she will be considered to be arriving from a low risk country.

Travellers from medium and low risk countries will only be allowed into the country subject to the prevailing visa requirements. 

Airlines from high risk countries are not necessarily banned, but their crew will be required to isolate in facilities at designated accommodation at the cost of their employer.

Long term visa holders who visit the country for business purposes will be allowed to travel to South Africa. These travellers will also be subject to health screenings for COVID-19 symptoms at the port of entry.  

In the interest of all citizens, and the continuing public health efforts, South Africa reserves the right to deny entry of any traveller who is travelling from a high risk country for tourism purposes.

Re-opening of airports for travel by air   

Three airports will be opened and operational for international air travel.  These airports are OR Tambo International (in Johannesburg, Gauteng), Cape Town International (in Cape Town, Western Cape) and King Shaka International in (Durban, KwaZulu-Natal). All travellers landing at these airports must present a PCR test which is not older than 72 hours from the time of departure from the country of origin to South Africa.  Furthermore, the international travellers should possess a mandatory travel insurance which is supposed to cover the COVID-19 test and quarantine costs.   All these travellers will be subjected to COVID-19 screening on arrival.  Those who present COVID-19 symptoms which include elevated body temperatures and flu-like symptoms, will be required to take a COVID-19 test which should be covered by the travel insurance. Should the test results come back positive, the traveller will be subjected to mandatory quarantine, which will also be paid for by the traveller or the travel insurance.  

Travellers from African Countries

To facilitate free movements of people, goods and services from South Africa, SADC and the African continent, travellers from the neighbouring countries are allowed to visit our country. 

Travellers from all African countries are allowed and must possess relevant travel documents, and will also be screened for COVID-19 symptoms.

To allow ease of travel from the African countries, 18 borders will be opened. 35 border posts will continue to offer restricted services due to insufficient capacity for screening, testing and quarantine. Travellers who present themselves at borders which are unable to accommodate them will be directed to the currently operational border posts for processing.

Daily commuters who reside in cross-border areas/towns and those who are from neighbouring countries including those with relevant work permits and school children and teachers will be allowed to enter and exit the borders for work purposes.  These commuters will be screened for COVI-19 symptoms and where necessary will be subjected to quarantine and isolation.  Furthermore, these commuters will be expected to wear face masks, wash hands and sanitise regularly and practise social distancing measures.

Sea ports operations

To facilitate ease of transportation of goods and medicines to and from the country, ships will be allowed to dock, load and off-load cargo. Crew members from the cargo ships will be allowed to crew changes. These crew members will also be medically screened for COVID-19 symptoms. Passenger liners for luxury travel are still not allowed to dock and off-load passengers.

Ladies and gentlemen, we want to appeal to all travellers and tourists for cooperation and increased vigilance in observing all the health and hygiene protocols we have announced today so that we stop the spread COVID-19. Even though we celebrate the reduced numbers of infections, there is still no vaccine to the virus.

We should continue to protect ourselves and those who are close to us from the devastating effects of this pandemic. We call on international travellers to enjoy the diverse tourist attractions of this country and to meet our friendly hospitable people.   

I thank you.

Home Affairs Minister Dr Aaron Motsoaledi provides an update on the partial re-opening of borders and services during Alert Level 1

Details

Published: 04 October 2020

04 October 2020

The Minister of Home Affairs Dr Aaron Motsoaledi convened an inclusive meeting involving senior immigration officials and ports of entry managers to address the challenges arising from the implementation of Regulations pertaining to travel into the Republic, including opening the tourism industry and promoting trade in order to stimulate economic recovery.

The Minister of Tourism, Ms Mmamoloko Kubayi-Ngubane, was consulted prior and during the meeting and fully endorses its outcome.

The visa free status of citizens of some countries and territories was temporarily suspended at the start of the lockdown period. In line with the commitment of Government to take urgent steps to address the economic and tourism stagnation brought about by the outbreak of Covid-19, the visa free status of citizens from the following countries and territories has been reinstated:

• South Korea;
• Spain;
• Italy;
• Germany;
• Hong Kong;
• Singapore;
• USA;
• UK;
• France;
• Portugal
• Iran

However, the visa free status does not alter the current Covid-19 Regulations.

The Minister has instructed officials to communicate this decision to the aviation industry, embassies and other stakeholders as a matter of urgency.

The port managers have been instructed to adhere to the SADC protocol and guidelines regulating the movement of essential goods under Covid-19 Regulations. The guidelines regulating truck drivers travelling across the border will continue to apply as has been the case for the past seven months. 

In view of the confusion regarding the 72 hours negative test requirement, we reiterate that business persons providing services across the borders of SADC are allowed multiple entry subject to the following:

• Producing a certificate of negative Covid-19 test result not older than 72 hours from the time of departure. This certificate is valid for 14 days.

Minister Motsoaledi is fully aware of the issue of airline and maritime crews and he has been informed that the Minister of Transport is resolving the matter and a statement to that effect will hopefully be issued by the Minister of Transport today.

Immigration officers will be required to assess the movement and place of origin of the traveller and not the country of origin of the airline concerned.

Transit travellers through South Africa by air will be allowed to connect to their destinations, subject to them complying with applicable health protocols but need not produce the 72 hours negative certificate.

As communicated on 30 September 2020, visa services, including submission of applications through VFS Global, have resumed in the following categories:

Visitor’s visas; study visa; treaty visa; business visa; crew visa; medical treatment visa; relative’s visa; general work visa; critical skills work visa; intra-company transfer work visa; retired person visa; corporate visa; exchange visa;  waiver of prescribed requirement, as contemplated in section 31(2)(c); and appeals or reviews contemplated in section 8 of the Immigration Act.

Any person from a country listed as having a high COVID-19 infection and transmission rate, who wish to undertake a business travel into South Africa, may, in writing, apply to the Minister of Home Affairs and demonstrate reasons for their request to enter the Republic for business purposes during the period of the national state of disaster.

 Such applications must be directed to email Covid19BusinessTravel@dha.gov.za and supported by:

1. a copy of passport and/or temporary residence visa;
2. proof of business activities to be undertaken in the Republic;
3. proof of travel itinerary; and
4. proof of address or accommodation in the Republic.

The list of high risk countries as published on 30 September 2020 is:

The list of these high risk countries will be updated fortnightly and can be accessed via this link >>> Click here for the updated list

Immigration officers have been instructed to apply the requirements with a measure of flexibility in order to allow applications for business travel to be lodged at the ports of entry if and when necessary and await the outcome before entry into the Republic is allowed.

All other categories of travellers from medium and low risk countries are required to produce a certificate of negative COVID-19 test result not older than 72 hours from the time of departure. Any person who fail to submit the certificate will be required to quarantine at his or her own cost.

Enquiries:
Siya Qoza, ‪082 898 1657 (spokesperson for the Minister of Home Affairs)
David Hlabane, ‪071 342 4284 (media manager for the Department of Home Affairs)

Public Enquiries: 0800 60 11 90

The South African Department of Home Affairs announces the removal of visa requirements for several nationalities.

Several airlines denied boarding to some international passengers on flights bound for South African airports last week, even though South Africa’s borders had reopened.

Confusion over South Africa’s entry requirements forced airlines operating flights to South Africa to refuse passage to passengers of certain nationalities, during the first few days of South Africa’s borders reopening.

SUSPENSION OF VISA FREE-ENTRY SINCE MARCH    

Visa-free entry to the Republic of South Africa, for citizens of foreign countries, was temporarily suspended at the start of the national lockdown in March.

In a document received by the Association of Southern African Travel Agents (ASATA), on 4 October, the Department of Home Affairs confirmed that visa-exemption status has been reinstated for citizens of several countries.

NATIONALITIES THAT ARE VISA EXEMPT

The letter states that the Minister of Home Affairs has reinstated visa-exemption status for citizens of the following countries, when entering South Africa:

• South Korea
• Spain
• Italy
• Germany
• Hong Kong
• Singapore
• USA
• UK
• France
• Portugal
• Iran

NATIONALS OF VISA-EXEMPT COUNTRIES ARE ABLE TO VISIT SOUTH AFRICA

The document from the Department of Home Affairs states that nationals from the 11 countries listed are free to visit South Africa provided they comply with the applicable health and hygiene protocols in place.

This comes as a result of airlines refusing carriage to passengers from certain countries when boarding flights to South Africa last week.

PASSENGERS USING SOUTH AFRICA AS A TRANSIT POINT

The document grants permission to travellers who intend using South African airports as a transit point for connecting flights to other destinations, provided health and hygiene protocols are complied with.  

The Minister of Home Affairs Dr Aaron Motsoaledi convened an inclusive meeting involving senior immigration officials and ports of entry managers to address the challenges arising from the implementation of Regulations pertaining to travel into the Republic, including opening the tourism industry and promoting trade in order to stimulate economic recovery.
The Minister of Tourism, Ms Mmamoloko Kubayi-Ngubane, was consulted prior and during the meeting and fully endorses its outcome.
The visa free status of citizens of some countries and territories was temporarily suspended at the start of the lockdown period. In line with the commitment of Government to take urgent steps to address the economic and tourism stagnation brought about by the outbreak of Covid-19, the visa free status of citizens from the following countries and territories has been reinstated:
•    South Korea;
•    Spain;
•    Italy;
•    Germany;
•    Hong Kong;
•    Singapore;
•    USA;
•    UK;
•    France;
•    Portugal
•    Iran
However, the visa free status does not alter the current Covid-19 Regulations.
The Minister has instructed officials to communicate this decision to the aviation industry, embassies and other stakeholders as a matter of urgency.
The port managers have been instructed to adhere to the SADC protocol and guidelines regulating the movement of essential goods under Covid-19 Regulations. The guidelines regulating truck drivers travelling across the border will continue to apply as has been the case for the past seven months.
In view of the confusion regarding the 72 hours negative test requirement, we reiterate that business persons providing services across the borders of SADC are allowed multiple entry subject to the following:
•    Producing a certificate of negative Covid-19 test result not older than 72 hours from the time of departure. This certificate is valid for 14 days.
Minister Motsoaledi is fully aware of the issue of airline and maritime crews and he has been informed that the Minister of Transport is resolving the matter and a statement to that effect will hopefully be issued by the Minister of Transport today.
Immigration officers will be required to assess the movement and place of origin of the traveller and not the country of origin of the airline concerned.
Transit travellers through South Africa by air will be allowed to connect to their destinations, subject to them complying with applicable health protocols but need not produce the 72 hours negative certificate.
As communicated on 30 September 2020, visa services, including submission of applications through VFS Global, have resumed in the following categories:
Visitor’s visas; study visa; treaty visa; business visa; crew visa; medical treatment visa; relative’s visa; general work visa; critical skills work visa; intra-company transfer work visa; retired person visa; corporate visa; exchange visa;  waiver of prescribed requirement, as contemplated in section 31(2)(c); and appeals or reviews contemplated in section 8 of the Immigration Act.
Any person from a country listed as having a high COVID-19 infection and transmission rate, who wish to undertake a business travel into South Africa, may, in writing, apply to the Minister of Home Affairs and demonstrate reasons for their request to enter the Republic for business purposes during the period of the national state of disaster.
 Such applications must be directed to email Covid19BusinessTravel@dha.gov.za and supported by:
a.    a copy of passport and/or temporary residence visa;
b.    proof of business activities to be undertaken in the Republic;
c.    proof of travel itinerary; and
d.    proof of address or accommodation in the Republic.
The list of high risk countries as published on 30 September 2020 is:
Albania    Honduras    Oman
Argentina    Hungary    Palestine
Armenia    Iceland    Panama
Austria    India    Paraguay
Bahrain    Iran    Peru
Belgium    Iraq    Portugal
Bolivia    Ireland    Puerto Rico
Bosnia and Herzegovina    Israel    Qatar
Brazil    Jamaica    Romania
Chile                        Jordan    Russia
Columbia    Kuwait    Slovakia
Costa Rica    Lebanon    Suriname
Croatia    Luxemburg    Switzerland
Czech Republic    Maldives    Ukraine
Denmark    Malta    UAE
Ecuador                        Mexico    United Kingdom
France            Moldova    USA
Georgia    Montenegro    Venezuela
Greece    Nepal     
Guatemala    Netherlands     
Guyana    North Macedonia     
 
The list of these high risk countries will be updated fortnightly and can be accessed via this link >>> Click here for the updated list
Immigration officers have been instructed to apply the requirements with a measure of flexibility in order to allow applications for business travel to be lodged at the ports of entry if and when necessary and await the outcome before entry into the Republic is allowed.
All other categories of travellers from medium and low risk countries are required to produce a certificate of negative COVID-19 test result not older than 72 hours from the time of departure. Any person who fail to submit the certificate will be required to quarantine at his or her own cost.
www.samigration.com

It has taken four years of legal battles – but now, if you were born in South Africa to foreign parents, you can apply for citizenship. It has been an “agonizing journey” for those who consider South Africa to be their only home.The department of home affairs’ opposition to the court bid by five adults, representing others in a similar situation, for the vindication of their rights, was dealt a death blow by the Constitutional Court last week. The court simply ruled that it would not hear any further argument on the matter.

The department had not filed its papers in time, and it had not given good reason for this. What this means for Mariam Ali, Aden Salih, Kanu Nkololo, Caroline Masuki, Murphy Nganga and any others “similarly situated” is that their previous victory in the Supreme Court of Appeal (SCA) now stands.In terms of that order, the minister must accept their applications for citizenship and make a decision within 10 days.

The SCA declared that if you were born in South Africa to foreign parents who have not been admitted as permanent residents, you qualify to apply for South African citizenship upon becoming a major – if your birth was registered and if you have lived here all your life, irrespective of the date of your birth.It also ordered the minister to enact the necessary forms to allow for such applications within one year. Pending this, he must accept applications on affidavit. The application, brought with the assistance of the Legal Resources Centre (LRC), was first set down in the Western Cape High Court.

It was argued that the centre’s clients had all complied with the Citizenship Amendment Act, which came into effect in January 2013. They were all born in South Africa to foreign parents and they had all turned 18, but their applications for citizenship under naturalisation laws were being refused.

.In that court, the minister argued that the act only applied to children born after January 2013 and could not be applied retrospectively. In fact, his lawyers argued, it did not even apply to children who turned 18 after that date but only to children born after that date.

There, the department of home affairs changed its argument. Retrospectivity was no longer an issue. Instead, it was argued that those affected should have put the minister on terms to deal with their applications and, if they were refused, they could then launch court proceedings to review and set aside the decisions.

“

.

“Despite these concessions, some 10 months later, the state decided to change its stance. We believed it was an abuse of process. They plainly had no reasonable prospects of success and again it showed a total disregard for taxpayers, who have to foot the bill for these types of vexatious proceedings.”

She said that during those 10 months, when there was no indication of any appeal, the clients had submitted their citizenship applications but they were not dealt with.

“Following the dismissal of their appeal, we will now be demanding the adjudication of those citizenship applications and we will approach the courts if necessary, should a decision not be made within 10 days, in accordance with the SCA ruling.

“Our clients have had to endure a long and painful journey to obtain citizenship, with some of them all but giving up hope of being finally accepted by a country they have grown to love – the only country they have called home.

“A large part of this agonizing journey could have been avoided if decision makers within the department of home affairs exercised reason and caution by not arbitrarily abusing the court processes to delay and frustrate the exercise of the clear and unequivocal right of these applicants.

Minister of Home Affairs v Miriam Ali and Others [2018] ZASCA 169 (SCA) (Case no. 1289/17, Supreme Court of Appeal – Court Order Date: 30 November 2018)

2.1 The matter pertains to the interpretation of section 4(3) of the South African Citizenship Act 88 of 1995 (amendment that came into effect on 1 January 2013) in which the main issue was whether or not the section applies with retrospective effect and further is the respondents (on appeal) satisfy the requirements of citizenship by naturalisation. The question was whether in the absence of Regulations, the High Court was correct in directing the Minister to accept applications on affidavits as the order encroached upon the doctrine of separation of powers.

 2.2 The Supreme Court of Appeal issued the order that:

 “The Minister shall –

3.1 Within one year of the date of this order make regulations in terms of s 23(a) of the South African Citizenship Act 88 of 1995 (the Act) in respect of applications for citizenship by naturalisation in terms of s 4(3) of the Act;

3.2 Pending the promulgation of the regulation in 3.1 above, accept applications in terms of s 4(3) South African Citizenship Act 88 of 1995, on affidavit.”.

Why has his department not fully complied with the court order?

2.3 The DHA was advised to approach the Constitutional Court (“CC”) as the Order of the SCA had the effect of encroaching upon the subordinate legislative powers of the Minister. The CC declined to hear the matter largely because the DHA delayed in launching the appeal proceedings.