South Africa

February 2006

  
Passport pain for citizens living abroad, (Sunday Tribune, 2006-02-05):-Getting in and out of the country is not as easy as it used to be for South Africans with dual citizenship. Two South Africans who live and work abroad recently became aware, to their chagrin, of their ignorance of new laws and the "incompetence" of customs officials administering them. A Durban woman, Bridget Beach, had to pay more than R1 000 to bring a work laptop into the country and, in the process, missed a connecting flight to Durban. Hamish James, from Johannesburg, came close to being arrested, and was threatened with a R10 000 fine while trying to leave the country using a British passport after a short visit to attend a friend's wedding. Both South Africans are outraged by the way they were treated by South African passport control and customs officials respectively. Beach and James have dual citizenship and work in the United Kingdom but visit South Africa regularly and have plans to return to the country permanently in future. Beach is a project planner based in Ealing and spends eight weeks of the year in South Africa. However, her most recent visit got off to a bad start when she was accused of not declaring a laptop computer she was carrying in her hand luggage. Even though the computer was bought in 2004 and registered in the name of the UK company she works for - and she has proof of this - customs officials insisted that she might be planning to leave it in the country. The laptop was confiscated and the only way she was able to get it back was to apply for a temporary import licence and pay R1 131 for the privilege. She also had to contact her company in the UK to fax a letter to state that the laptop was registered in its name. While this was going on, Beach missed her connecting flight and ran up a huge phone bill. Import regulations stipulate that goods more than a year old are exempt from import duties. Although she can claim the money back when she returns to the UK this week, Beach will have to be at the airport at least an hour early to do so. She was also furious about the way she had been treated at the airport. An incident was confirmed by a customs manager at Johannesburg International Airport, Philip Moladzi. He said the matter was being investigated. Beach said it was essential for officials to be aware of regulations and not apply the rules as they saw fit. "I was accused of not filling in forms and trying to smuggle something. Maybe they are not properly trained, but the situation was not handled very well at all," said Beach. James, on the other hand, was not aware of changes in legislation that prohibited those with dual citizenship from using foreign passports when visiting South Africa. In terms of the South African Citizens Amendment Act of 2004, it is an offence for a South African citizen to enter the country or depart using the passport of another country. They are also not allowed to avoid paying duties or gaining any advantage afforded to foreigners by using their foreign passports. However, James said he first heard of these laws when he arrived at Durban International on January 19. He has been working in investment banking since 2002 and lives in Wembledon, London, "with all the other South Africans". "I flew to South Africa for a weekend to attend a close friend's wedding, but due to work commitments and time constraints, I could only be here for three days," said James. James said when he arrived at Johannesburg International Airport from London he presented his British passport to passport control as he had done on every previous visit. He was asked if he had a South African passport and when he said "no", he was advised that, as a South African citizen, he had to get a South African passport as soon as possible. "I assured her (the official) that I would apply for it in London on my return," said James. James said he did not give it much thought after that, but when he tried to leave the country on January 22 he was told to get his luggage off the aircraft as he was not going anywhere. James said he tried to explain what had happened when he entered the country and that he intended to apply for a South African passport as soon as he was back in the UK. However, the confrontation between James and one of the supervisors turned ugly and the woman allegedly said to him she was "sick and tired of people living abroad who do not care about the law". When he protested, he was threatened with arrest and a R10 000 fine. In the end, he was forced to reschedule his flight to get an emergency travel document. "Pearl Habedi from Randburg Home Affairs was amazing in helping me get my emergency travel document in five hours, so I could get a flight the next evening," said James. He was also fortunate the airline allowed him on the flight at no extra cost. According to the Home Affairs Department, it is obliged to implement the Citizenship Amendment Act, but warnings should be issued before people were turned away. "We acknowledge that many South Africans may not yet be aware of the amendments to the Act and the implications. We have therefore decided that South Africans departing or arriving through our ports of entry, attempting to use a foreign passport, will be issued with a warning giving them three months to obtain a South African passport. They will then be allowed to depart or enter." James has laid a complaint against the supervisor. "I felt that this personal attack on me was completely unjustifiable and totally irrelevant to the situation at hand," said James.  
South African Migration Project (SAMP) - Queen's University - http://www.queensu.ca/samp