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Swaziland: Whether or not the Swazi army can enter South Africa and forcibly remove a Swazi citizen without interference from South African authorities if acting on behalf of Swazi tribal chiefs; whether a long stamp appearing in a Swazi passport allows the Swazi army or government officials to pass into South Africa; whether this stamp also allows South African officials to enter Swaziland (2004-2006)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board of Canada, Ottawa
Publication Date 14 February 2006
Citation / Document Symbol SWZ101070.E
Reference 5
Cite as Canada: Immigration and Refugee Board of Canada, Swaziland: Whether or not the Swazi army can enter South Africa and forcibly remove a Swazi citizen without interference from South African authorities if acting on behalf of Swazi tribal chiefs; whether a long stamp appearing in a Swazi passport allows the Swazi army or government officials to pass into South Africa; whether this stamp also allows South African officials to enter Swaziland (2004-2006), 14 February 2006, SWZ101070.E, available at: http://www.refworld.org/docid/45f147a72f.html [accessed 23 July 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Information regarding whether or not the Swazi army can enter South Africa and forcibly remove a Swazi citizen without interference from South African authorities if acting on behalf of Swazi tribal chiefs was scarce among the sources consulted by the Research Directorate. According to an official from the Embassy of the Kingdom of Swaziland in Washington, DC, the Swazi army cannot enter South Africa and forcibly remove a Swazi citizen without interference from South African authorities nor can they proceed as such if they are acting on behalf of Swazi tribal chiefs (7 Feb. 2006). The official specified that legally it was not possible and that practically he had never heard of such a situation occurring (Swaziland 7 Feb. 2006). On the same subject, a consular officer of the South African high commission in Ottawa stated, in a telephone interview of 9 February 2006, that she was not aware of whether such practices were allowable under law.

Swazi citizens do not require visas to enter South Africa (South Africa 9 Feb. 2006). Normally, a passport is marked with a round stamp on entering South Africa and a square stamp on exiting; however, it could happen that there would be no mark made in either case, depending on the practice of any particular customs officer (ibid.). The same practices regarding passports apply to passports of officials from the Swazi army or from the government who enter South Africa (ibid.). The consular official stated that she did not know if there were any military agreements between the two countries regarding apprehension of Swazi citizens in South Africa by members of the Swazi army (South Africa 14 Feb. 2006).

No information as to the significance of a long stamp appearing in a Swazi passport could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

South Africa. 14 February 2006. High Commission of the Republic of South Africa in Ottawa. Telephone interview with a consular official.
_____. 9 February 2006. High Commission of the Republic of South Africa in Ottawa. Telephone interview with a consular official.

Swaziland. 7 February 2006. Embassy of the Kingdom of Swaziland in Washington, DC. Telephone interview with an official.

Additional Sources Consulted

Oral sources: Attempts to contact the Ministry of Defence and the Ministry of Foreign Affairs of the Kingdom of Swaziland and the Ministry of Defence and the Ministry of Home Affairs of the Republic of South Africa were unsuccessful. The Embassy of the Republic of South Africa in Washington, DC, Lawyers For Human Rights – Swaziland (LHR-S), and the Royal Swaziland Police Service did not provide information within the time constraints of this response.

Internet sites, including: Embassy of the Republic of South Africa in Washington, Law Society of South Africa, Ministry of Defence of the Kingdom of Swaziland, Ministry of Foreign Affairs of the Kingdom of Swaziland, Swaziland High Commission of Ottawa.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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