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

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