DEPARTMENT OF HOME AFFAIRS

No. R. 353 13 March 1998

SOUTH AFRICAN PASSPORTS AND TRAVEL DOCUMENTS ACT, 1994 (ACT No. 4 OF 1994) I

FOURTH AMENDMENT OF THE PASSPORTS AND TRAVEL DOCUMENTS REGULATIONS

The Minister of Home Affairs has, under section 4 of the South African Passports and Travel Documents Act, 1994

(Act No. 4 of 1994), made the regulations set out in the Schedule.

SCHEDULE

Definitions

1. In this Schedule "the Regulations" shall mean the South African Passports and Travel Documents Regulations, published under Government Notice No. R. 784 of 10 May 1996, as amended by Government Notice No. R.1027 of 21 June 1996, Government Notice No. R. 580 of 11 April 1997, and Government Notice No. R.1564 of 21 November 1997.

Amendment of regulation 1 of the Regulations

2. Regulation 1 of the Regulations is hereby amended by—

(a) the substitution for the definition of "minor" of the following definition:

" 'minor' means a minor as defined in the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994) in;

(b) the substitution of the definition for "emergency passport" of the following definition:

"'emergency passport' means an emergency passport referred to in regulation 2 (4) and 8 (1) (b);";

(c) the substitution of the definition for "crew member certificate" of the following definition:

"'crew member certificate' means a crew member certificate referred to in regulation 2 (4) and 8 (1) (c);";

and

(d) the insert/on of a definition for~temporary passport":

"'temporary passport' means a temporary passport referred to in regulation 2 (4) and 9 (1) (d).".

Substitution of regulation 2 of the Regulations

3. The following regulation is hereby substituted for regulation 2 of the Regulations:

"South African passport

2. (1) A South African passport may be issued to a South African citizen and shall indicate dearly on the front cover thereof that it is a South African passport.

(2) A South African passport shall contain the following information:

  1. The full names, date of birth, country of birth, nationality, identity number, photograph and signature of the holder of the passport in question;
  2. the date on which, and the office where, the passport in question was issued;
  3. the date on which the validity of the passport in question expires;
  4. endorsements, which shall include— ,
    1. the name or names of the country or countries for which the passport in question shall be valid;
    2. visas;
    3. recent photograph of the holder of a child passport; and
  5. a passport number.

(3) (a) A South African passport may, subject to regulation 3 (3) (h), be issued to an applicant in the Public Service or other government institution if—

  1. it is for an official journey; or
  2. such applicant is stationed outside the Republic and he or she journeys to and from the Republic while on leave.

(b) A passport referred to in paragraph (a) shall indicate clearly on the front cover thereof that it is an 'official' South African passport.

(4) An emergency passport, a crew member certificate and a temporary passport may, in the circumstances contemplated in regulation 8 (3), 8 (4) and 8 (5) respectively, be issued to a South African citizen and regulations 8 up to and including 13 shall apply mutatis mutandis thereto.

(5) Under certain circumstances South African passport may be issued, notwithstanding the feet that the holder thereof is in possession of another valid South African passport and regulation 3 shall apply mutatis mutandis thereto.

(6) A child passport is issued to children under the age of 16 years and regulation 3 (2) (a) (iii) and (b) and 3 (3) (e), (d), (e), (f), (i), (j) and (I) shall apply mutatis mutandis thereto.

(7) The Director-General may, if it is warranted by exceptional circumstances, issue or cause to be issued an emergency passport or a temporary passport referred to in subregulation (6) to any person notwithstanding the feet that all the provisions of regulation 3 cannot be complied with: Provided that proof is submitted that the person concerned is a South African citizen.

Amendment of regulation 3 at the Regulations

4. Regulation 3 is hereby amended by the substitution for paragraph 0) of subregulation (3) of the following paragraph:

"(j) in the case of an applicant who is a minor, and in the absence of a court order to the contrary, if both parents have given their written consent, but if that minor has been placed under the sole guardianship of a parent or another person by order of a competent court, only that parent or the guardian, shall give his or her written consent: Provided that—

  1. in the case of an applicant who is a child ham out of wedlock the consent of his or her mother shall, unless a court orders otherwise, be sufficient; and
  2. in the case where the consent of a parent or guardian, as the case may be, cannot be obtained, a commissioner of child welfare as defined in the Child Care Act, 1983 (Act No. 74 of 1983), shall have jurisdiction to decide the matter.".

Substitution at regulation 4 of the Regulations

5. The following regulation is hereby substituted for regulation 4 of the Regulations:

"Validity of South African passport for travelling purposes

4. (1) Subject to subregulation (2), a South African passport and a temporary passport shall be valid for travelling to all countries.

(2) The Director-General may—

  1. upon the request of an applicant; or
  2. if there is good reason to restrict an applicant to a journey to a specific country or countries, endorse the passport in question as valid only for a specific country or countries.".

Substitution of regulation 7 of the Regulations

6. The following regulation is hereby substituted for regulation 7 of the Regulations:

"Lost, stolen or damaged South African passport

7. (1) No South African passport shall be issued in the place of a lost, stolen or damaged South African passport, unless the applicant—

  1. together with an application on the form set out in the Annexure, submits a sworn or affirmed declaration in which he or she specifies in full the circumstances under which the passport was lost, stolen or damaged;
  2. in the ease of the loss or theft thereof, has reported it to the authorities of the country or the local police in the district in which the passport was lost or stolen, as the ease may be; and
  3. has paid the appropriate fee contemplated in regulation 16.".

Substitution of regulation 8 of the Regulations

7. The following regulation is hereby substituted for regulation 8 of the Regulations:

"Travel documents

8. (1) There are four categories of travel documents, namely—

  1. a document for travel purposes referred to in subregulation (2);
  2. an emergency passport referred to in subregulation (3);
  3. a crew member certificate referred to in subregulation (4); and
  4. a temporary passport referred to in subregulation (5).

(2) A document for travel purposes may be issued to any person who is lawfully resident in the Republic, and who—

  1. does not have the citizenship of another country; or
  2. has been granted permanent residence in the Republic and is unable to obtain a passport from the country of which he or she is a citizen; or
  3. has been granted refugee statue in the Republic.

(3) An emergency passport may be issued to any person who qualifies for a document for travel purposes, but is not in possession of a valid document for travel purposes and who is unable to obtain a document for travel purposes in time, or whose valid document for travel purposes is not available if he or she has to leave the Republic or return to it on any emergency, such as serious illness or death, or because he or she is repatriated or deported to the Republic, or for another reason which is acceptable to the Director-General.

(4) A crew member certificate may be issued to any person who is lawfully and permanently living in the Republic and who is employed by an airline stationed in the Republic and who is a member of the crew of such airline on an international flight.

(5) A temporary passport may be issued to a person who has applied and qualifies for a travel document referred to in regulation 8 (2) if such person has convinced the Director-General that he or she has to travel urgently before the travel document can be issued.

(6) The temporary passport shall be returned for cancellation at any office of the Department, or an office of a South African representative abroad, as the case may be, as soon as the travel document referred to in subparagraph (5) has been received by the applicant.".

Substitution of regulation 9 of the Regulations

8. The following regulation is hereby substituted for regulation 9 of the Regulations:

"Application for travel document

9. (1 ) Any person who wishes to be issued with—

  1. a document for travel purposes;
  2. an emergency passport;
  3. a crew member certificate; or
  4. a temporary passport,

shall apply for such a passport, document or certificate on the form set out in the Annexure.

(2) Subregulations (2) (a), (b) and (3) (a) up to and including (f) and (i) up to and including (I) of regulation 3 shall apply mutatis mutandis to the document referred to in subregulation (1 ) (a), (b) and (d).

(3) An application for a crew member certificate referred to in subregulation (1 ) (c) shall be accompanied by an identity document issued to the New member in terms of the Identification Act.

(4) A passport, document or certificate referred to in subregulation (1), shall not be issued unless the Director-General is satisfied that the particulars furnished in the application form are in all respects true and correct.

(5) The Director-General may, if it is warranted by exceptional circumstances, issue or cause to be issued an emergency passport referred to in subregulation (1 ) (b), or a temporary passport referred to in subregulation (1 ) (d) to any person notwithstanding the fact that all the provisions of subregulation (2) cannot be complied with: Provided that the person concerned submits proof that he or she is entitled to such a document.

(6) Subregulation (2) of regulation 2 shall apply mutatis mutandis to the issuing of a travel document referred to in regulation 8.".

Amendment of regulation 10 of the Regulations

9. Regulation 10 of the regulations is hereby amended by the substitution for subregulation (1) of the following subregulation:

"(1) Regulation 4 shall apply mutatis mutandis to the issuing of a document for travel purposes or a temporary passport.".

Amendment of regulation 11 of the Regulations

10. Regulation 11 of the Regulations is hereby amended by—

  1. the substitution for subregulation (1 ) of the following subregulation:

    "(1 ) A document for travel purposes shall be valid for a period not exceeding five years calculated from date of issue."; and

  2. the insertion of the following subregulation after subregulation (3):

    "(4) A temporary passport shall be valid for a period not exceeding 12 months calculated from date of issue.".

Amendment of regulation 12 at the Regulations

11. "Regulation 12 of the Regulations is hereby amended by—

  1. the substitution for subregulation (1 ) of the following subregulation:

    "(1 ) Only a travel document referred to in regulation 8 (2) and (5) may be endorsed; and

  2. the substitution for subregulation (2) of the following subregulation:

"(2) The holder of a document for travel purposes or a temporary passport who requires an amendment of, addition to or deletion from his or her document for travel purposes, or temporary passport, shall apply therefor on the four. set out in the Annexure.".

Substitution of regulation 13 of the Regulations

12. The following regulation is hereby substituted for regulation 13 of the Regulations:

"Lost, stolen or damaged travel document

13. Regulation 7 shall apply mutatis mutandis in respect of a lost, stolen or damaged travel document: Provided that subregulation (1) (c), shall only apply to a document for travel purposes referred to in regulation 8 (2) and a temporary passport referred to in regulation 8 (5).".

Substitution of regulation 16 of the Regulations

13. The following regulation is hereby substituted for regulation 16 of the Regulations:

"Fees

16. (1) Subject to subregulations (2) and (3) the fees payable in respect of a South African passport or a travel document issued under these regulations, shall be as follows:

  1. South African Passport: R80: Provided that the fee payable for a new format South African passport that runs out of blank visa pages before the expiry date thereof shall be Rep.
  2. Child passport: R60.
  3. Document for travel purposes: R60.
  4. Emergency passport: R30.
  5. Temporary passport: R50.

(2) No fees shall be payable in respect of an official passport, a anew member certificate, an emergency passport or temporary passport issued to a person referred to in regulation 2 (3) or for the renewal of a passport referred to in regulation 17 (3).

(3) The fees payable in respect of the replacement of a lost, stolen or damaged South African passport, child passport, document for travel purposes or temporary passport referred to in subregulation (1) and a passport referred to in regulation 17 (3) shall be twice the amount prescribed in that subregulation: Provided that in instances where the document referred to was lost, stolen or damaged through no negligence on the pan of the holder, only the normal fee shall be payable.".

Substitution of Annexure

14. The Annexure to the Regulations is hereby substituted by the Annexure hereto.

Short title

15. These regulations shall be called the Fourth Amendment of the South African Passports and Travel Documents Regulations, 1996, and shall come into operation on 1 April 1998.