Last week, Tourism Update readers complained that there was confusion around whether original unabridged birth certificates are required by travelling minors, or whether copies will suffice. While some airline check-in staff are accepting copies, passengers have also been denied boarding because they did not have original UBCs.

Shepstone & Wylie immigration lawyer Niki Gerneke says the confusion stems from the fact that the current regulations don’t clearly state whether copies or original birth certificates are required. “It is dependent on one’s interpretation and this is why there is so much confusion around the matter.”

Immigration Regulation 6 (12) (a) states that where parents are travelling with a child such parents must produce an unabridged birth certificate, while Immigration Regulation 6 (12) (b) states in the case of one parent travelling with a child, he or she must produce an unabridged birth certificate and consent in the form of an affidavit from the other parent.

Regulation 6 (12) (c), however, says where a person is travelling with a child who is not his or her biological child, he or she must produce a copy of the unabridged birth certificate of the child as well as an affidavite from the legal guardians giving consent to the travel

“The interpretation of Regulation 6 (12) a and b is that if a child is travelling with their biological parents original UBCs are required as it does not state copy as is the case of 12 (c) which clearly indicates that a copy will suffice,” said Gerneke.

Gericke said with airlines responsible for relocating passengers if they are turned away on arrival in South Africa erring on the side of caution was therefore understandable following several incidents where airlines have refused to accept copies of UBCs.

“There is so much uncertainty about what is allowed that it is advisable that travellers choose the safest option which is original documentation,” she said. “The only way to bring an end to the confusion would be if Home Affairs clarifies this and that can only be done through an amendment.”

Home Affairs spokesman Thabo Mokgola however told Tourism Update that certified copies of UBCs were acceptable on arrival in South Africa. “It would be unreasonable of us to expect people to travel with original documentation,” he said.

Yet, the department issued a press release shortly after Cabinet’s decision to address the unintended consequences of the implementation of regulations that reads: “In respect of inbound travel where visas are required, it will still be required that original birth certificates and, as necessary, parental concent or certified copies are submitted during the application process.”

Ultimately, once the regulation has been amended visa exempt countries will not be required to carry birth certificates as travel documents. But, said Mokgola, it was advisable that this avenue not be followed as the status quo remains until amendments are made. He said it was not possible to give a time line to when the current regulation would be amended or how long the process would take.

In the meantime it seems most airlines are being cautious in their approach and opting for originals rather than copies of UBCs.

A spokesman for British Airways said the airline had not received any notifications from the Department of Home Affairs regarding changes to the documentation required when travelling with children under 18.

“We are required to check that customers have all the correct, valid documentation before they board,” he said. He would not comment on whether the airline accepted only originals only saying “until we hear otherwise we still require the documentation demanded in the original regulations”.

This was also the case for Delta Airlines who stated they “adhere to regulations”.

A spokesman for Etihad said the airline required original documentation but did not turn passengers with copies of documents away, while Fouad Caunhye, Regional Manager, Southern Africa for Emirates, said to ensure hassle free travel it is recommended that passengers travel with a certified unabridged birth certificate and/or originals.

“As far as the international airline community is concerned, nothing has changed nor will change until the regulations are formally changed. It is currently too discretionary for us to adopt a different approach and since airlines are responsible for repatriating individuals who arrive without the correct documentation, it is imperative that we comply with the current regulations as they stand,” said June Crawford, CEO of BARSA.

Gerneke also explains that the Act and regulations as they stand remain the legal requirement until such time as an amendment is drafted, approved by Cabinet and promulgated by the President. This process could take up to a year, she sa.