South Africa: Mos Def Apologizes, Leaves But Cannot Return, Announces Final U.S. Shows

Yasiin Bey

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Pretoria — US musician Dante Smith Bey, popularly known as Mos Def, is set to leave South Africa today after being charged earlier this year for trying to leave the country without proper travel documentation.

Home Affairs Director General, Mkhuseli Apleni, on Tuesday said the department will withdraw charges against Smith Bey on Friday. Smith Bey had written to the department to apologise for using a document called a world passport, which South Africa does not recognise as a valid passport.

Making the announcement in Pretoria earlier today, Apleni said the department is satisfied with the apology, and has agreed in principle for Smith Bey to depart from South Africa today.

“Based on his apology and the confirmation that he will depart on 22 November 2016, using a valid passport, the department will withdraw the charges against him, on Friday, 25 November 2016, in his absence,” Apleni said.

Smith Bey was arrested in January in Cape Town after his attempt to leave South Africa on a world passport. At the time, it was also established that his family’s visas had expired in 2014 and he was accused of illegally helping them to stay in the country.

Prior to his arrest, Smith Bey had been a frequent traveller to South Africa, using a valid US passport.

Following the incident, the department levelled criminal charges against him.

In his apology, Smith Bey acknowledges and accepts that the Immigration Act (No. 13 2002) sets in place a system of immigration control, which regulates and administers foreigners entry into, residence in and departure from the Republic of South Africa, and that, in so doing, “the Immigration Act prescribes that a foreigner may only depart from the Republic of South Africa (RSA) if he/she is in possession of a valid passport”.

Smith Bey also stated that he acknowledges and accepts that a foreigner may only depart from the Republic upon presentation of a valid passport, and that a world passport is not a valid passport in terms of the Immigration Act.

Apleni said Smith Bey has unreservedly apologised to the government of South Africa, particularly to the Department of Home Affairs, for his actions and for any inconvenience this may have caused.

According to Apleni, Smith Bey may apply for a waiver, for good cause, in terms of Section 2 of the Immigration Act of 2002.

“There are laws in place to be respected by all persons to protect all citizens and visitors. This way, we promote the rule of law and ensure all people in the country are and feel safe,” Apleni said.

Smith has since applied for and will be travelling out of the Republic on a US passport.





South Africa: Mos Def Can Leave, but Not Return to SA

United States musician and actor Yasiin Bey, better known as Mos Def, will be declared an undesirable person and will not be allowed to re-enter South Africa in future, the home affairs department said on Tuesday.

Mos Def, who also goes by the name Dante Terrell Smith, has been in hot water with the department since January after trying to leave the country with a document that is not officially recognised in South Africa.

“For his conduct, Mr Smith Bey will be declared an undesirable person by the Director-General of Home Affairs in terms of Section 30 of the Immigration Act of 2002,” the department said in a statement, following a media briefing, on Tuesday morning.

“He will therefore not qualify for a port of entry visa or admission to the republic.”

However, Mos Def could apply for a waiver, for good cause, in terms of Section 2 of the same act, it said.

He was arrested in Cape Town in January and charged with contravening immigration laws after attempting to leave the country using a document called a world passport.

South Africa does not recognise this as a valid passport.

Mos Def was expected to appear in the Bellville Magistrate’s Court for this matter on Friday.

But Tuesday’s announcements by the home affairs department changed this.

The department said it received a written apology from Mos Def for contravening the provisions of the Immigration Act of 2002, as well as the South African Passports and Travel Documents Act of 1994.

“Mr Smith Bey has unreservedly apologised to the government of South Africa and more particularly to the Department of Home Affairs for his actions and for any inconvenience and/or prejudice this may have caused.

“The department is satisfied with the apology, and has agreed in principle for him to depart from South Africa on Tuesday.”

Both parties came to the agreement that if Mos Def left South Africa immediately on Tuesday, on a valid US passport, the department would withdraw its charges against him.

“To this end, (he) has applied for and will be travelling out of the republic on a US passport,” it said.

The charges would be withdrawn in Mos Def’s absence on Friday, it added.

Director-General Mkuseli Apleni – Media Briefing On Apology and Departure of Mos Def (PRESS RELEASE)

Good day and once more welcome.

We have called this media briefing to make an announcement on the latest developments regarding the matter of United States (US) musician and actor, Mr Dante Smith Bey, also known as Mos Def.

Earlier in the year, Mr Smith Bey was arrested in Cape Town following his attempt to leave South Africa using a document called a world passport, which South Africa does not recognise as a valid passport.

Following this incident, the department levelled criminal charges against him. Before that process was finalised, the department received a written apology from Mr Smith Bey, for contravening the provisions of the Immigration Act, No. 13 of 2002. Mr Smith Bey had also contravened the South African Passports and Travel Documents Act, No. 4 of 1994.

In his apology, he acknowledges and accepts that the Immigration Act (No. 13 2002) sets in place a system of immigration control, which, inter alia, regulates and administers foreigners entry into, residence in and departure from the Republic of South Africa, and that, in so doing, the Immigration Act prescribes that a foreigner may only depart from the Republic of South Africa (RSA) if he/she is in possession of a valid passport.

Further, Mr Smith Bey has also stated that he acknowledges and accepts that a foreigner may only depart from the Republic upon presentation of a valid passport, and that a world passport is not a valid passport in terms of the Immigration Act. This is clearly a vindication of the position we had taken on this matter, including the fact that we do not recognise the world passport.

Mr Smith Bey has unreservedly apologised to the Government of South Africa and more particularly to the Department of Home Affairs for his actions and for any inconvenience and/or prejudice this may have caused.

The department is satisfied with the apology, and has agreed in principle for him to depart from South Africa on Tuesday, 22 November 2016. Based on his apology and the confirmation that he will depart on 22 November 2016, using a valid passport, the department will withdraw the charges against him, on Friday, 25 November 2016, in his absence.

To this end, Mr Smith Bey has applied for and will be travelling out of the republic on a US passport. This was also our argument earlier, that before his arrest, he had been a frequent traveller to the country, travelling on a valid US passport. His travel itinerary has also been confirmed.

As we had said at the time of his arrest, South Africa would have no reason, as a sovereign state, to refuse anybody entry, sojourn, or departure, as long as such travel is legal.

There are laws in place to be respected by all persons the better to protect all citizens and all visitors. This way we promote the rule of law, and ensure all people in the country are and feel safe.

For his conduct, Mr Smith Bey will be declared an undesirable person, by the Director-General of Home Affairs in terms of Section 30 of the Immigration Act of 2002. He will therefore not qualify for a port of entry visa or admission to the republic.

However, Mr Smith Bey may apply for a waiver, for good cause, in terms of Section 2 of the Immigration Act of 2002.

I would like to thank warmly our officials at the port of entry for their vigilance and understanding of the Immigration Act. It really gives us confidence that the country is in good hands.

I thank you.

Issued by: Department of Home Affairs




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