The treatment that ”illegal foreigner”, ”prohibited person” and Hollywood star Wesley Snipes received from the National Immigration Branch (NIB) showed that the new immigration system worked.
”The Department of Home Affairs is committed to strengthening our systems and enforcement measures,” said spokesperson Leslie Mashokwe on Friday.
”This is to ensure that only those foreigners with valid status document are allowed to enter and stay in South Africa, and that illegal foreigners are effectively removed.”
He said the department was increasingly confident that since the launch of the NIB, transformation of immigration and the implementation of the Immigration Amendment Act, the department was ”steadily and qualitatively positioning the immigration system as effective, efficient, professional and dynamic”.
Snipes arrived at Johannesburg International airport on May 23 using a South African passport.
The NIB afterwards detected a discrepancy in the identity number on the passport, which indicated that the passport was fraudulent.
Immigration officials were therefore instructed to be on the lookout for Snipes on his exit from South Africa.
On June 1 he was stopped by immigration officials at the Johannesburg International airport and questioned on his alleged possession of fraudulent South African documentation.
”During the interview it was established that Mr Snipes did in fact have fraudulent South African documentation in his possession. He explained that he had applied for South African documents for himself and his family through his American attorneys,” Mashokwe said.
”Both Mr Snipes and his attorney agreed to co-operate with the Inspectorate of the NIB in their investigation in this matter. During this interview it also transpired that Mr Snipes was in possession of a valid American passport.”
Mashokwe said this meant Snipes was an illegal foreigner under the Immigration Act, 2002, which gave immigration officials the option of ordering him out of the country at his own expense or deporting him at the state’s expense.
It is usual to allow illegal foreigners, who are on the point of departing in any case, and who possess valid passports and current tickets, to leave.
Snipes was therefore allowed to leave, but without his fake SA passport and identity document, which was confiscated and remains in the NIB’s possession.
Explaining Snipes’ status as an ”undesirable person”, Mashokwe said it was decided last year that because an increasing number of people were being found in possession of fraudulent documents — whether or not they were aware that the documents were fraudulent — everyone found with such documents would automatically be declared undesirable.
”Therefore Mr Snipes is an undesirable person in terms of the Act, and was handed a notice to this effect. He has also been placed on the Visa and Entry Stop List. This means that he loses his visa-exempt status as an American citizen and will have to
apply to enter South Africa.
”During the process of amending the Immigration Act during 2004 it was decided to strengthen the department’s position by adding to the list of persons considered as ‘prohibited persons’ those who are found in possession of fraudulent documents.
In terms of the Act, prohibited persons cannot apply for either a temporary or permanent residence permit,” Mashokwe added.
They may however apply to the Home Affairs director general and must show good cause why this status of being a prohibited person should be removed.
The Immigration Amendment Act became law on July 1. – Sapa