Travellers to South Africa and the country's tourism industry were rattled when an internal Department of Home Affairs memo was shared with the media, sparking concern among "Swallows" - seasonal visitors who travel between hemispheres for sunny weather. The circular, intended for border officials, explains visa application and renewal procedures. However, its inadvertent leak and unclear language sparked fears that the government was making it harder for tourists to stay.
A directive published on December 21, 2023, said that foreigners without visa renewal outcomes by February 23, 2024, must make arrangements to leave.
News24 reported concerns from the tourism industry body. Southern African Tourism Services Association (SATSA) chief executive David Frost said tourists visiting for summer weather, particularly those from visa-free countries like the U.S. and the UK, could leave early. This early departure would significantly hurt the industry as these tourists are major job creators.
Minister of Home Affairs Aaron Motsoaledi, in the media briefing, said that "the memo, though not intended as a policy change, was poorly communicated and should not have been issued".
He said the circular was meant to guide Border Management Authority (BMA) officials at the ports of entry on what to do when encountering nationals of other countries falling within particular categories at the borders. Motsoaledi said there is "no need for tourists to panic as the department is experiencing a backlog".
"This includes individuals who have applied for visa extensions, waivers, or appeals and have not yet received their outcomes - negative or positive," he said. "The memo was aimed to remind visitors of existing visa regulations, specifically the 90-day visa-free stay with a possible 90-day extension."
Motsoaledi denied any intention to pressure tourists to leave early.
"I wish to state categorically that the Department of Home Affairs would gain nothing by destroying the tourism industry, which is regarded as one of the pillars of the economy, not only in South Africa but in many other countries... he contacted Tourism Minister Patricia de Lille to discuss the matter and after this consultation, he tried to clarify the matter in the debate of State of the Nation Address on 14 February 2024."
"It is with that in mind that we approached [Tourism] Minister [Patricia] de Lille to find out how many people approached her as a consequence of action emanating from this circular. She informed us that only one case was referred to her department. Judging by the reactions, it appears that my explanation in Parliament was not enough. We arrived at the conclusion that if indeed the circular had the effect of chasing tourists out of the country, we needed to find a way to resolve that," he said.
Declaring people "undesirable"
In South Africa, overstaying your visa by even a single day can land you in trouble. The country's immigration system automatically flags such instances and declares you "undesirable", effectively banning you from re-entry.
"The word 'undesirable' is perhaps by itself unfortunate because it sounds scary, but it is the term used when the Immigration Act of 2002 was enacted in Parliament," he said.
Motsoaledi said all the ports of entry in and out of South Africa have an electronic movement control system (MCS). When people enter the country, the MCS electronically records the date and time of entry.
"As you would know, your passports and visas indicate the number of days you have been allocated to be in South Africa. If you exceed your allocated days, even by just one day, the MCS at the borders will pick it up, regard it as an overstay, and automatically declare you undesirable."
"In case your visa expires before the department has responded to your application, that receipt will act as an extension of your visa until you get a negative or positive response," he said. " If there is anybody who was declared undesirable whilst they were carrying their receipt, they need to present themselves to the department so that their undesirability status can be removed."
Motsoaledi said: "Fortunately, lawmakers in this country also realised that there could be myriad reasons that may cause a person to exceed their allocated days. Hence in the Act, the legislature empowers the Minister to review and set aside an undesirability status on application by the affected individual if cogent reasons are provided."
The Case of Kudakwashe Mpofu
The minister also spoke about a criminal case opened against Kudakwashe Mpofu, a Zimbabwean national who served as the Chief Financial Officer (CFO) of the North West Development Corporation. Mpofu has since been suspended from his position.
Motsoaledi revealed that Mpofu had been using fraudulent documentation to remain in the country, including a purported permanent residence permit that was declared fraudulent by the department.
Motsoaledi said that, according to records, Mpofu's permit is fraudulent, was not issued by the Department of Home Affairs, and the department did not know how he obtained it.
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"We can confirm that the Permanent Residence Permit reference number appearing on Mpofu's document does not exist in our system and we can further confirm that the control number appearing on Mpofu's purported document was not issued by the department to him, but rather it was legitimately issued to somebody else. As to how Mpofu came across that control number, we do not know. It is not possible in our system for the same control number to be used more than once, as these are face-value documents printed by the Government Printing Works," he said.
Motsoaledi labeled the matter as a "national embarrassment" that Mpofu could secure employment with falsified documents.
The minister added that this case was "referred to the Special Investigating Unit (SIU) which will be looking into the actions of both Home Affairs and North West government officials involved in the issue".
"I'd like to recall a statement I made during a press conference when accusations arose about border security. I likened the situation to chasing lizards while ignoring the presence of crocodiles," Motsoaledi said. "These 'crocodiles' represent individuals who enter the country legally, often bribing officials to legalize their stay. Today, I'm pleased to announce that with the efforts of the Lubisi team, multi-disciplinary team, and SIU, individuals like Mpofu will soon face consequences for their actions."
