CIVIL AVIATION: TOUGH MEASURES IN PLACE FOR NON-SCHEDULED INTERNATIONAL CHARTER FLIGHTS

CIVIL AVIATION: TOUGH MEASURES IN PLACE FOR NON-SCHEDULED INTERNATIONAL CHARTER FLIGHTS

• 11 December 2025
• Transport
• SA Legal Academy

The Department of Transport has gazetted a notice under the 2009 Civil Aviation Act intended to strengthen national security. This is noting the inadequate implementation of immigration regulations on advanced passenger processing – at least, according to a recent inter-departmental analysis of the threat to civil aviation and national security posed by non-scheduled international charter flights.

Immediately effective, the notice requires any aircraft operator providing unscheduled services and ‘intending to transport 20 or more passengers to South Africa’ to:

• submit the passenger and crew manifest concerned to the immigration authorities at least 72 hours prior to the planned flight’s departure
• insert in the applicable flight plan a unique passenger and crew manifest clearance number if provided, and to
• submit that plan with the unique clearance number to Air Traffic & Navigation Services (who may not allow the flight to enter South African air space or disembark passengers at a South African airport without the applicable unique clearance number).

The notice also:

• requires any such flight operator to perform various cross-checks, and
• empowers the authorities to, where necessary:
• request a manifest when fewer than 20 passengers are to be transported, and to
• revoke, suspend or cancel an authorisation granted to any such operator for a flight to, within or from South Africa.

The move follows – but may not necessarily have been prompted by – recent events associated with the arrival of travellers from Palestine. The only official statements to have been issued on this matter came from the Department of Home Affairs and SAnews (the Government Communication & Information System mouthpiece).

• Government Gazette notice imposing new measures 
• Department of Home Affairs media statement on November 2025 non-scheduled charter fights transporting Palestinian travellers
• Department of Home Affairs media statement on withdrawal of 90-day visa exemption for Palestinian travellers
• SAnews article

Published by SA Legal Academy Policy Watch

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