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Crossing the border? Watch out for these legal flags

Drawing on lessons from previous festive seasons, the BMA says it has placed collaboration at the heart of its approach.

South African holiday makers and those travelling to neighbouring countries for the festive season need to be on the lookout for criminals posing as border officials and fraudulent transport and accommodation scams.

That’s the warning from Ann-Suhet Marx, the director and head of litigation at the VDM Incorporated law firm.

“Law enforcement at roadblocks and border posts is being stepped up, according to the recently released festive season operational plan by the Border Management Authority (BMA),” says Marx, “with thousands of people already arrested for illegal crossings and unroadworthy vehicles.

“But while legitimate checks are essential, syndicates are exploiting the chaos of peak travel, posing as officials or service providers to extort cash from unsuspecting families.

“It’s the time of year when identity theft, false fines, and financial losses spike, so South Africans must be able to tell the difference between lawful checks and unlawful demands designed to defraud and intimidate.”

Ann-Suhet Marx, the director and head of litigation at law firm VDM Incorporated.

She continues, “Not every uniform is legitimate,” pointing out that criminals thrive on confusion and fear, and travellers who don’t know their rights are the easiest targets.

Borders under pressure: SA’s festive season plan
On December 7, the BMA unveiled its Festive Season Operational Plan for 2025/2026 – a strategy designed to keep SA’s borders secure and efficient during the busiest travel months of the year.

The plan covers 71 ports of entry – 52 on land, 10 international airports, and nine seaports – and extends into the designated border enforcement zone, reaching 10km inland and 12 nautical miles out to sea.

Its focus is on strengthening immigration checks, biosecurity, port health and law enforcement at every point of entry.

Drawing on lessons from previous festive seasons, the BMA says it has placed collaboration at the heart of its approach.

Law enforcement agencies, traffic authorities, municipalities, state security structures and border communities are all part of the co-ordinated effort.

December and January consistently bring surges in traveller volumes; it continues: in 2023/24, of the five million travellers processed, 78% were foreign nationals. In 2024/25, 70% of 4.5 million travellers were foreign nationals, with illegal entry attempts concentrated among Basotho, Zimbabwean and Mozambican nationals.

More than 75% of all festive season traffic flows through 10 key ports, including the OR Tambo International, the Beit Bridge, Lebombo, the Maseru Bridge, the Cape Town International and Oshoek.

Marx’s advice on how to spot a scam before it costs you:
• Fake fines at roadblocks
Fraudsters posing as traffic officers demand “spot fines” for minor infractions, such as cracked windscreens, worn tyres, or expired discs. These scams often rely on intimidation, with uniformed individuals threatening detention unless cash is paid immediately.
Legal insight: Spot fines are illegal. Travellers cannot be forced to pay cash at a roadblock. Insist on written documentation and verify through official channels.
• Bogus border paperwork
Criminals exploit missing vehicle papers or insurance documents, offering ‘quick fixes’ for a fee. They may claim your vehicle lacks cross-border insurance or that your papers are incomplete, then try to sell you fraudulent documents.
Legal insight: No legitimate border official sells insurance or paperwork at the roadside. All documents must be obtained through licensed providers.
• Currency exchange cons
Travellers can be tricked into exchanging money at inflated rates or with counterfeit notes, with syndicates often setting up near border posts and offering ‘better’ rates than banks.
Legal insight: Only licensed Forex dealers are authorised to exchange currency. Avoid roadside stalls or unofficial operators.
• Accommodation and transport scams
Fake guesthouses and shuttle services lure travellers with festive discounts, then disappear after upfront payments, with victims often arriving to find no booking exists.
Legal insight: Verify bookings through official platforms. Never pay upfront to unknown operators without receipts or contracts.
• Document theft and identity fraud
Syndicates request “copies” of passports or licences, then steal identities for criminal use, and in some cases, travellers are even asked to surrender originals under false pretences.
Legal insight: Never hand over originals unless required. Keep certified copies for checks and safeguard originals at all times.

Marx’s practical tips for travellers
• Carry the essentials: Valid passport, visa (if applicable), driver’s licence, and vehicle papers;
• Certified copies: Keep certified copies separate from originals;
• Verify before paying: Always confirm fines or fees through official channels;
• Insurance alert: Driving an unroadworthy vehicle may void insurance claims if accidents occur;
• Report suspicious demands: Immediately contact the SAPS or the BMA hotline.
• Stay scam–aware: If an offer seems too good to be true, it probably is;
• Travel in groups: Syndicates often target lone travellers; groups are harder to intimidate;
• Keep emergency contacts handy: Save numbers for your insurer, embassy and local police.
“The festive season is meant for family, celebration and relaxing, not legal battles, financial loss and stress,” says Marx.
“Knowing your rights at borders and roadblocks, and being aware of the various scams out there, can prevent unnecessary stress and protect your pocket.”

Also Read: Read our tips for first-time long-distance travellers

Also Read: Travelling with baby? Here’s what to bring and what to leave behind

   

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