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HELL AFFAIRS

We’re not chasing away ‘swallows’, ministers insist after leaked Home Affairs memo

Tourists who want to extend their stay in South Africa beyond 90 days still have time to apply for a visa extension. Home Affairs Minister Aaron Motsoaledi says those with a receipt will not be declared undesirable since they will be able to stay until they receive a decision.
We’re not chasing away ‘swallows’, ministers insist after leaked Home Affairs memo Minister of Home Affairs Aaron Motsoaledi. (Photo: Gallo Image / Papi Morake) | Home Affairs. (Photo: Leila Dougan) | Tourism Minister Patricia de Lille. (Photo: Gallo Images / OJ Kolot)

After weeks of silence over a leaked Department of Home Affairs memo to Border Management Authority (BMA) officials that international visitors who haven’t received their visa renewals by this Friday, 23 February, must leave South Africa by the end of this month or risk being declared “undesirable”, both Tourism Minister Patricia de Lille and her Home Affairs counterpart Aaron Motsoaledi have finally confirmed that South Africa is not, despite appearances, chasing away its tourists. 

This comes after Daily Mavertick’s report about the directive, published on 21 December 2023, in which the BMA was instructed that tourists who held short-term visas for 90 days or fewer, up to and including 30 November 2023, who had applied for a visa renewal but not yet received an outcome by 23 February 2024, must “make the necessary arrangements to depart from South Africa on or before 29 February 2024 to avoid being declared and desirable (sic)”.

The BMA was said to be under strict instructions to enforce the directive, which was of particular concern to swallows or sun-chasers, who are largely from Europe. They escape their cold countries in winter, chasing the sun abroad, and are accustomed to maximising their stays in a foreign warm country by remaining there for six months of the year. 

In South Africa, swallows are a lucrative source of income, particularly for the Western Cape where many also own property, and feared they would have to leave earlier than expected or risk being declared “undesirable” and banned. 

South Africa grants short-term visas on arrival to a number of countries and territories, including Canada, the European Union and Namibia, for 90 days. During this time visitors can apply for an extension of a further 90 days, but the department is incapable of processing the applications within a reasonable time. 

Motsoaledi used the debate on the State of the Nation Address as an opportunity to address this and other matters.

“We are being accused of chasing tourists out of South Africa. Fortunately, I have had an opportunity of having a heart-to-heart discussion with my colleagues in tourism, Minister De Lille.

“Before you accuse us of things unbecoming,” he explained that for tourism purposes, visitors are not required to apply for visas from 44 countries in Europe, 20 in Asia, 36 in Africa, 19 in North America, 11 in South America and three in Oceania.

“In terms of the Immigration Act, people on visitors or tourist visas have between 30 and a maximum of 90 days to be in South Africa. If you renew for another 90 days, you will have a total of 180 days, after which the law allows no more extensions. This means you have to leave the country, or else you will be declared undesirable.

“All visitors know that and have been practising that for ages without the department being accused of chasing away tourists.”

What is new is that the circular was issued to guide new BMA officials at ports of entry, but that directive ended up in the public arena, he said. “We concede that there was no need to advise anybody to leave the country on a particular day because such dates are already stipulated on the visa.”

He said if you have applied for a visa extension but not yet received a response, your receipt is proof of an extension of your visa until you learn the outcome of your application.

“No one should arrest you while you have such a receipt, and no one can declare you undesirable.”

On Thursday, De Lille told SAfm’s Stephen Grootes that she was happy that Motsoaledi had rectified the “confusion” caused by the memo. “Negotiations are taking place with other countries also so that we streamline the visa system and allow more tourists to come to our country.” 

She said South Africa had more than 8.5 million visitors in 2023. “We are all working together to make sure that we market our country, that we make sure that we diversify our tourism offering... So it is an engagement all the time with Home Affairs.”

De Lille stressed that tourists who have already applied for visa extensions can stay until they have an outcome and those who have yet to do so, can also still apply.

“So, the current position is that all the tourists that have applied for visa extension, if they are in possession of a receipt that they have applied, it’s (the memo) not applicable to them.”

She said her department was also working with Home Affairs, to allow tourists to stay longer. 

But David Frost, the CEO of the Southern Africa Tourism Services Association (Satsa), told Grootes the minister could have acted on the matter sooner.

“I do think we need to just pause and reflect on the lessons here… What would have been really useful is if the minister had responded immediately and clarified that so that tourists in the country can get that message and make decisions, because holidays are planned and it needs a level of certainty.”

Last month, Satsa chairperson Oupa Pilane slammed the memo, calling it an irrational decree that shows “complete disregard for the tourism industry and will be ruinous at a time when the country desperately needs visitors’ foreign capital”. 

“South Africa grants short-term visas on arrival to tourists from many countries. But due to astounding levels of ineptitude and incompetence, Home Affairs regularly fails to process the simple visa extensions in a reasonable time.” 

Pilane said the “swallows” who visit for up to 180 days are a golden goose for South Africa’s economy and the tourism sector, which is the country’s third-highest GDP earner.

Swallows are also a lucrative market for the country because of their consumption and associated VAT. DM

Comments (10)

les.oconnell Feb 19, 2024, 05:44 PM

One would think that, with the salaries government pays, they would be able to employ somebody who could write a coherent memorandum which says what is intended.

Johan Buys Feb 19, 2024, 06:34 PM

It seems common sense prevailed. Swallows should print a copy of this article when they leave and take to airport, along with a certified copy of their application to extend. Enjoy the weather and the exchange rate! Spend more and bring friends with next time. €2 beers and €20 rounds of golf in great weather will keep them happy.

Chris Koppelmeier Feb 19, 2024, 10:33 PM

Do you really think that a immigration officer at the airport takes notice of an Daily Maverick article? We had a situation a couple of years ago when my wife had a receipt of her application for visa extension and she was declared undesirable for 5 years. It took us a lawyer and 11.000 Rand to reverse that. I don´t trust any news on this matter until it is published on the Home Affairs website. So we will leave SA on the 29. Feb. if there is no new publication on the DHA website. Bye bye South Africa. Sorry to spend our money in Namibia instead.

C S Feb 20, 2024, 06:36 AM

Exactly Chris. I travel to Namibia often, the tourists are flooding in there. And Namibia opens them with welcome arms and the tourists are safe and they experience great service (unlike Souwfefricaaa). I stand to be corrected but there are two Lufthansa flights daily into Windhoek from Germany. SA is losing out due to shirt sighted bigoted kleptocrats.

Christa North Feb 19, 2024, 08:56 PM

"Stagnating economy, ballooning wage bill and struggling tax base – Godongwana’s Herculean task" Daily Maverick. Do the relevant "Ministers" and other deployed individuals perhaps make a connection here? Where are the big picture thinkers?

popetrevorjohn@gmail.com Feb 20, 2024, 07:15 AM

There aren't any - it's all transactional.

francesviet Feb 20, 2024, 07:45 AM

Big picture thinkers? They are unable to think like that. They see the here and now, how they can benefit themselves and ignore everything else. The ignoring is so bad that they don’t even realise when they have made a major boo-boo. And worse they won’t acknowledge the extent to which have made a mess because at the end of the day it doesn’t effect them right now so why worry. It’s not like the ‘retraction’ has any real effect, I guarantee you Visa extension receipts help no swallow in the slightest anywhere other maybe than at a Home Affairs building.

Ukraak17 Feb 20, 2024, 07:17 AM

I don't understand the fuss. Just use the tried and tested (and BMA approved) Rest-of-Africa-visa, or colloquially referred to as hole in the fence. No time limits, and you can get free medical at any state ruined hospital.

William Kelly Feb 20, 2024, 08:53 AM

The man is a Muppet. Did we really expect anything different? Would be nice to kick him out and make him use his own system to get back in. Actually, that might be the one time that the system works in that he'll not be issues a visa anytime soon...

r.vanderakt@gmail.com Feb 20, 2024, 10:55 AM

Talk, talk, talk..but nothing officially! Will be after 29th of February ??

brian.bartholomew Feb 20, 2024, 01:39 PM

I am a Swallow and I have been chased away, I was declared undesirable in May 2023 for not having my visa extension receipt to hand at Border Control. I duly appealed sending a copy of my receipt to overstay appeals. This was ignored as has been all my requests for information. No one ever answers the telephone number given to get information. As a foreign national I know I have no rights in South Africa. My South African wife and I own a house in the Eastern Cape bought with UK pounds which I guess we should now sell and take the money out of South Africa.

Rod MacLeod Feb 20, 2024, 04:17 PM

Good luck selling an Eastern Cape house.

laurence Feb 20, 2024, 04:04 PM

The issue is that the immigration staff at the airport may not have the memo. We received a 90 day extension for my wife *more than a year* after applying. Luckily she was back in the country again, and we could actually use it. Unlike the previous time this was extended from when we received it, not 90 days from when we applied (and severely out of date). If a simple 90 day tourist visa takes more than 1 year to be processed, I shudder to think how long its going to take for her spousal visa...

Debby van Zyl van Zyl Feb 21, 2024, 06:46 AM

By all accounts, from first hand news, the inefficiency going on in Asia for Chinese citizens to get visas to South Africa leaves one speechless. Apart from that, the bribery and corruption in Home Affairs towards Chinese residents in South Africa and requiring permanent residency visas (after 15 heats of residency) or re-entry visas, is disgraceful. So while we are on the topic of Home Affairs, may the lack of appropriate service to encourage tourists and help returning residents be further expounded. Money talks. How sickening.

stevenpaisey@gmail.com Feb 27, 2024, 02:13 PM

Hi, I have just visited VFS the visa agent(27 Feb), they have informed me that if I'm still a waiting for a visitors visa extension and I have not received a decision, I must leave be Thursday!!! Who do you believe????