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 30(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.
For media enquiries contact Thabo Mokgola or Mayihlome Tshweteon 060 962 4982
ISSUED BY DEPARTMENT OF HOME AFFAIRS