De Lille praises Schreiber as his swift work on fixing visa system boosts tourism

•    Tourism Minister Patricia de Lille and Home Affairs Minister Leon Schreiber are collaborating to reform the country's visa system and boost tourist numbers.
•    De Lille praised Schreiber for his swift work to fix the visa regime and other simmering problems in the Department of Home Affairs.
•    In the last festive season, South Africa had more than nine million visitors.

Minister of Tourism Patricia de Lille has praised her home affairs counterpart, Leon Schreiber, for progress made on the country's visa regime.

In a statement, De Lille, who is also leader of the GOOD Party, thanked Schreiber, whose department has a direct impact on tourism numbers.

"We have made great strides in the past year and a key success has been our work with Operation Vulindlela in the Presidency, the State Security Agency and the Department of Home Affairs on the visa regime, particularly with the Trusted Tour Operator Scheme which will significantly ease the visa process for travellers and tour operators from China and India as well as the Electronic Travel Authorisation and the Digital Nomad Visas," De Lille said.
De Lille said the tourism sector is a vital engine for economic growth.

She said there has been a steady rebound over the past two years, with close to nine million arrivals to South Africa in 2024. This is a 5.1% increase compared to 2023.
"We have been working hard with the tourism sector in South Africa, China and India to resolve the visa obstacles, and the recent work by the Department of Home Affairs is to be commended.

"The Department of Tourism will use the visa enablers - the Electronic Travel Authorisation, the Trusted Tour Operator Scheme, and the Digital Nomad Visas to grow tourism in South Africa, targeting key source markets - India and China," De Lille said.

"These visa regime enhancements will lead to increased arrivals to South Africa, which will in turn assist government to achieve the goals of the GNU to drive inclusive economic growth and create jobs. As the tourism sector, we are appreciative of the efforts and commitment by Minister of Home Affairs Dr Leon Schreiber and his department for the impressive gains made on the visa regime front," she added.

The Department of Home Affairs will start implementation of phase one of the Trusted Tour Operator Scheme that will significantly improve the visa process for travellers and tour operators from India and China.
"These are two massive key source markets for South Africa that can contribute to our goal to increase arrivals exponentially. A seamless visa regime is a key to growing arrivals and we have been working well with Home Affairs in this regard and will continue to work with them to make further improvements," De Lille said.

Earlier this week, Schreiber and De Lille addressed the first group of 65 successful tour operators from South Africa, China and India.
These tour operators will be able to start making visa applications for individuals and groups as soon as this week on a fully digital system in a more seamless process.

"Over the past few months, we have directly engaged the tourism sector in South Africa, China and India on the visa regime and the sector in all three countries have enthusiastically welcomed these improvements.
"We are truly excited about these visa regime improvements and we cannot wait to reap the rewards of this progress in the coming months with increased arrivals from China and India especially," said De Lille


Digital nomads row — Cape Town mayor suggests tax on short-term rentals to protect locals


Cape Town’s problems with digital nomads are well documented – from claims of driving up rental costs to causing a shortage of accommodation, particularly in the centre of town. What is to be done? Cape Town mayor Geordin Hill-Lewis says one option is to put everyone on an equal footing by implementing suitable taxes on short-term rentals.
Hill-Lewis says a process is under way to change tariffs for those operating short-term rentals, adding that there needs to be an “equal playing field” in the accommodation sector.

As Daily Maverick has reported, digital nomads occupy short term-rentals along the Atlantic Seaboard, much to the ire of residents, who feel they are being priced out of accommodation in the city as owners rent out apartments and homes to digital nomads who spend weeks working remotely.

Advocacy project Inside Airbnb reported there were about 25,816 listed rentals on the short-term rental platform by 28 December 2024, largely concentrated along the Atlantic Seaboard, in the southern suburbs and along the city’s coast.
While these nomads often appear on social media taking in the city’s tourist attractions and entertainment venues, there is a downside: activists claim the housing crisis in the city is worsened by these visitors. Writing in Daily Maverick, Ndifuna Ukwazi’s Zacharia Mashele and Buhle Booi say this drives up rental prices, making it difficult for locals, particularly low- and middle-income households, to secure affordable housing.

In a wide-ranging interview with Daily Maverick this week, Hill-Lewis said he agreed with sentiments that short-term rentals need to be taxed “appropriately”.
“You can’t come into a very tourism-rich market and basically run a small hotel… if you’re running a permanent Airbnb, that’s what it is, but you’re not taxed like a hotel, you’re taxed like a private house,” he said.
The mayor said a process was under way to convert “permanent Airbnbs where people are not just renting out a room or renting out their granny flat” from residential to commercial tariffs.

“I think that’s only fair,” he said, adding: “There has to be an equal playing field.”
He explained that he could not tell developers of major hotel chains that they needed to pay business tariffs in the city because they run hotels while others who run operations like these on a much smaller scale do not.
Processes in the City’s revenue department were under way to change these tariffs for those for whom this is a main business.

“So, for me, that’s about an equal playing field, no questions asked there.”
Hill-Lewis is not the only government official to add to the discussion about short-term rentals and their impact.
The issue was raised in Parliament in October 2024. Senzo Nkala, the tourism department’s director of policy planning and strategy, told MPs on the tourism oversight committee that the department was looking into regulatory frameworks, including an approach to short-term rentals.

He said that when the department did consultations on the Tourism White Paper, for the development and promotion of tourism, there was an intention to support long-term rental markets and prevent large property owners from monopolising housing supply for short-term rental purposes, which can lead to rising rental costs and the displacement of long-term tenants.
According to the Parliamentary Monitoring Group, Nkala said that during consultations, estate agents had raised concerns about unregulated short-term rentals. They had complained that property owners bought a number of properties for short-term rental use without involving agents, leading to neighbourhood disruptions such as noise and nuisance complaints.
The department, Nkala said, intended to start extensive consultations with key stakeholders, focusing on how threshold-based rules could be implemented to balance market access with regulation and public interest.

In its impact report on Cape Town, short-term rental platform Airbnb said it had “long led calls for short-term rentals to be regulated”, and that regulation would help provide policy certainty for hosts and guests, and create a level playing field for all operators.
In September 2023, the department and Airbnb also signed a memorandum of understanding, which includes a national registration system and a national database for short-term rentals in the country to “provide transparency into the short-term rental market”.

“While taxing short-term rental owners like commercial properties may be a step towards regulating the market, it does not address the root issue: the unchecked prioritisation of short-term profits over the right to housing,” said Jonty Cogger, an attorney at Ndifuna Ukwazi.
He told Daily Maverick that without stronger protections for tenants, better rent controls and a commitment to well-located, affordable housing, “Cape Town will continue to cater to tourists and digital nomads at the expense of its own residents… the City must act urgently to ensure that housing serves people, not just profits.


Does the South African Business Visa Investment Need to Be Made All at Once? Introduction


No, the investment required for a South African business visa does not need to be made all at once. Applicants have the option to phase the investment over time, with certain rules, timelines, and documentation to follow.

1. Investment Requirement
Foreign nationals applying for a business visa must invest a minimum of R5 million (ZAR) into the business. This amount can include cash, equipment, or other capital, and must be documented and audited. The investment must contribute to the establishment, expansion, or operation of the business. In some cases, investments in critical sectors may qualify for exemptions or reduced amounts.

2. Upfront vs. Staggered Investment
Applicants can either:

Full Investment Upfront: This means depositing the full R5 million before applying for the visa, with proof of the deposit required.
Staggered Investment: The Department of Home Affairs (DHA) allows investment in stages, with a detailed business plan showing how the full investment will be made over 12-24 months. For example:
Year 1: Invest R2 million for business setup.
Year 2: Invest R3 million for expansion and employment.
3. Proof of Investment
Proof must be submitted to show financial capacity and commitment, including:

Bank Statements/Guarantees
Capital Equipment Valuations
Auditor’s Letter from a South African chartered accountant
Business Plan Documentation detailing how funds will be used.
4. Flexibility for Critical Sectors
Certain industries like IT, renewable energy, and agriculture may qualify for a reduced investment requirement. These sectors must demonstrate significant economic impact through a feasibility study.

5. Consequences of Non-Compliance
Failure to meet the investment requirement, whether upfront or phased, may lead to:

Visa Cancellation
Audits and Compliance Checks
Denial of Extension
Penalties
6. Employment Obligations
At least 60% of the workforce must be South African citizens or permanent residents. Failure to comply may affect visa renewal.

7. Summary
Investment Phasing: The R5 million investment can be phased, but a business plan is required.
Proof and Documentation: Submit proof of funds, financial documents, and progress reports.
Critical Sectors: Reduced investment may apply to industries with high economic impact.
Non-Compliance: Non-fulfillment can lead to visa issues or penalties.
Practical Tip: Consult with immigration experts to ensure compliance with South African visa requirements.

Contact Us:
Email: info@samigration.com | WhatsApp: +27 82 373 8415
Visit our website: www.samigration.com


Emigrating to South Africa - The Practical Side of Moving to Another Country


Introduction
Relocating to a new country is an exciting but challenging process. Moving to South Africa requires careful planning and preparation for a smooth transition. Whether moving for work, retirement, studies, or long-term travel, this guide provides insights into the logistics, costs, and legal requirements for emigrating to South Africa.

Understanding the Legal Framework

Customs Regulations
South Africa has strict customs regulations.

Duty-Free Imports: Personal items can be imported duty-free if owned for at least six months before relocation. Required documents include:
Inventory list, proof of ownership, and visa approval.
Customs forms (DA 304, P1.160).
New Items and Duties: Items purchased less than six months before may incur duties.
Prohibited and Restricted Items
Certain items are prohibited or restricted:

Prohibited: Firearms, narcotics, counterfeit goods, hazardous materials.
Restricted: Medications, plants, animals, food (may need permits).
Customs Clearance

Complete customs paperwork, including item descriptions and valuations.
Consider hiring a customs broker to ensure compliance.
Cost Considerations

Shipping Costs
Shipping depends on volume, weight, and distance:

Container Options:
Full Container Load (FCL): $6,000–$12,000
Shared Container (Groupage): $3,000
Get quotes from multiple movers.
Storage Solutions

In Your Current Country: Monthly costs range from $50–$300.
In South Africa: Book storage in advance.
Insurance
Moving insurance typically costs 1–3% of the declared value. Ensure coverage for damages, theft, or loss.

Downsizing

Sort items into Keep, Sell, Donate, or Discard.
Use platforms like Facebook Marketplace to sell, donate to charity, and recycle unwanted items.
Packing Smartly

Essential Items to Pack

Documents: Passports, visas, medical records, legal papers.
Clothing: Pack for varying climates.
Electronics: Adaptors for South African plugs (Type M/D).
Health: Bring medications, first-aid kits, and over-the-counter meds.
Packing Techniques

Use vacuum-sealed bags for clothes.
Label boxes clearly.
Protect fragile items with padding.
Pack an Essentials Box with toiletries and chargers.
Managing Logistical Challenges

Shipping Delays: Keep essential items in your carry-on.
Customs Issues: Hire brokers to expedite clearance.
Lost/Damaged Items: Get insurance and document items.
Conclusion
Moving to South Africa is exciting with proper planning. Understand customs, manage costs, downsize wisely, and pack efficiently to make the transition easier. Utilize professional movers, insurance, and helpful resources for a stress-free move. Welcome to South Africa!


Bill to remedy unconstitutional sections of Refugee Act expected by March


The Department of Home Affairs is drafting a bill to remedy constitutional defects in the Refugees Act.
•    The Department of Home Affairs will present a legislative amendment to Parliament by March to address a Constitutional Court ruling that parts of the Refugee Act are unconstitutional for denying asylum seekers' rights.
•    The Constitutional Court confirmed a ruling that certain subsections of the Refugee Act and its regulations are inconsistent with the Constitution, following an application by the Scalabrini Centre.
•    The apex court also found sections of the Immigration Act unconstitutional last December, and the committee expects a similar briefing from the department about how it would address this.

A legislative amendment to give effect to a Constitutional Court ruling that sections of the Refugee Act are unconstitutional by denying asylum seekers' rights will be put before Parliament by March, the Department of Home Affairs has said.
On Tuesday, the department briefed the Portfolio Committee on Home Affairs on how it would respond to the ruling.
Last December, the Constitutional Court confirmed the Western Cape High Court's ruling, delivered by Deputy Judge 

President Patricia Goliath.
The Scalabrini Centre applied to the High Court for a declaratory order that subsections and the Regulations of the Refugee Act are inconsistent with the Constitution and invalid.
They argued the minister of home affairs - at the time it was Aaron Motsoaledi - the director-general of the Department of Home Affairs and the chairperson of the department's Standing Committee for Refugee Affairs created a system whereby asylum seekers, who failed to renew their visas within one month of the date of expiry, were deemed to have abandoned their applications for asylum unless they could satisfy the standing committee there were compelling reasons for their failure to renew their visas timeously.

They also argued this was inconsistent with international law, the Constitution and Refugees Act's principle of non-refoulement, meaning "one fleeing persecution or threats to 'his or her life, physical safety or freedom' should not be made to return to the country inflicting it".
Scalabrini also contended the impugned subsections were irrational and arbitrary and, therefore, unconstitutional, serving no legitimate government purpose in that they disqualified asylum seekers from the very system designed to protect them.

The courts agreed.
At a meeting last month, parliamentary legal services advised the committee it should invite Home Affairs Minister Leon Schreiber to brief the committee on what steps the department proposed to take to address the judgment.
The department notified the committee it is busy drafting the Refugees Amendment Bill, which is currently being consulted among the department's different branches.

The draft bill will then be submitted to the department's executive committee for approval to submit to Schreiber.
The department does not believe that it must submit the bill for public comment, as it is mandated by the Constitutional Court. It will also request the Presidency to waive a Socio-Economic Impact Assessment.

The department will request the Office of the Chief State Law Advisor to certify the bill, before it goes through the normal Cabinet process. The department was confident it would introduce the bill to Parliament by the end of March.
The Refugees Act was not the only immigration law to be found to be unconstitutional by the apex court last December.
The court found it is unconstitutional that the Immigration Act requires parents in South Africa on spousal visas to leave the country to reapply for a visa when theirs expire due to an end to their spousal relationship.

The court suspended the order of invalidity for 24 months, but ordered parents would be allowed to stay in South Africa while they apply for their new visas. If the legislation is not amended by the deadline, that provision would be read into the law.
Parliament's legal services advised the committee it would be preferable the legislation be amended to avoid a situation where the courts take over Parliament's legislative function.
Legal services also advised the department should brief the committee on how it intends to address the court ruling.