The Department of Home Affairs has told international visitors hoping to extend their stay by a further 90 days that they must leave two months earlier than they would otherwise have expected.

Visitors who haven’t received a visa renewal by 23 February have been advised to heed the latest Department of Home Affairs’ (DHA) directive instructing them to leave SA by the end of February, or risk being banned.

The Daily Maverick reports that the surprise directive – published on 21 December – notes that short-term visas that were issued in terms of section 11(1)(a) of the Immigration Act ‘for 90 days or less, up to and including 30 November 2023, who have applied for a renewal of the visa and have not received the visa renewal outcome by 23 February 2024, must make the necessary arrangements to depart from SA on or before 29 February 202 4 to avoid being declared and desirable (sic)’.

The Border Management Authority is under strict instructions from the DHA to enforce the directive, which at the same time gives foreigners whose waiver and visa applications were still pending as at 30 November, including long-term visas such as business, study, relatives or work visas, another extension.

Applicants falling under these categories have been given extensions until 30 June on their current visa status.

DM notes that SA grants short-term visas on arrival to a raft of countries and territories, including Canada, the EU and Namibia for 90 days.

During this time, theoretically, visitors can apply for an extension of a further 90 days. However, due to corruption and ineptness within the department, it is unable to do so in a reasonable time.

This is causing immense uncertainty in the market and making SA less appealing to tourists, said Dirk Meissner, the managing director of Wanderlust, an immigration and naturalisation service. 

Kristina Gromova of De Jure Immigration agreed, saying spouses have been separated from each other, and children are separated from their parents.

‘Some have missed out on important family occasions, including the opportunity to say goodbye to a loved one who passed away, graduation ceremonies, weddings of close family members, anniversaries, etc, because of the fear of not being able to return once they have departed,’ she said. 

Attorney Gary Eisenberg said he has been ‘in constant’ litigation against the DHA over the past 20 years.

‘Home Affairs is no longer in compliance with the Constitution and is a rogue department. It does not comply with the Bill of Rights or with court orders. That is a major problem. Unfortunately, in as much as 50% of the time, it does not comply with the orders. You first have to go back to court for contempt proceedings to enforce the order,’ he said.

Full Daily Maverick report