Audio After The Jump
Mos Def aka Yasiin Bey will have to stand trial on March 8, 2016 in Cape Town, South Africa for allegedly being in the country illegally and trying to leave using a "World Passport," which is not recognized there.
As we previously reported, Bey, real name Dante Smith, was initially arrested Thursday, January 14, at South Africa's Cape Town International Airport.
He was released from jail after posting 5000 rand ($295) bail.
On Wednesday, January 20, Home Affairs Director, General Mkuseli Apleni, released a statement detailing the charges Bey is facing.
He faces charges for contravening the Immigration Act,13 of 2002, as follows:
a) Section 49(14) of the Immigration Act: Misrepresentation made by Mr Smith (using a false identity).
b) Section 49(15) of the Immigration Act: Presentation of a document not issued by a lawful authority.
c) Section 49(2) read with Section 42 of the Immigration Act: Aiding and abetting his family to stay illegally in South Africa.
The rapper's family has been ordered to leave the country by January 29.
Bey released a statement via a freestyle posted on http://www.kanyewest.com/ titled "No More Parties in S.A."
"I don't need to stay/I'll leave and I'll stay away/I commited no crime any place/Why these police up in my face?/Why they raiding my place?/Why I don't feel safe?/This is not an expression of fear/This is just to make things clear," he rapped.
Bey later says he will release one more album this year. After that he is walking away from both the music and film industries.
Read more of General Mkuseli Apleni's statement on why Bey was charged below.
Ladies and gentlemen, good morning! Thank you for coming over at such short notice.
It is very important to clarify issues in time. If not, people may not understand how certain matters are being handled, especially where the law is concerned. In this case, the matter we want to explain is the arrest of United States (US) musician and actor, Mr Dante Terrell Smith, also known as Mos Def and/or Yasiin Bey.
You are aware that Mr Smith was arrested in Cape Town when he tried to leave South Africa on a World Government of World Citizens passport. This was along with his spouse also a US national (with a US passport) and a minor (also on a US passport).
The major problem why he could not get on the Ethiopian flight was the document he produced at the immigration counter, the World Passport, which South Africa does not recognise. Immigration officers had also detected that his spouse and minor child had overstayed their visit to the Republic. Their visitors’ visas had expired in April 2014, and were therefore in the country illegally.
This must be clear, we have no reason,as a country, to refuse anybody entry or departure, as long as such travel is legal. Mr Smith himself has been a frequent visitor to South Africa since 2013. His first visit to South Africa was on 02 June 2013. He has entered South Africa ten times, and has always entered the country on a visitor’s visa (90 days exemption) using a US Passport, not a World Passport.
His last arrival in South Africa was on 30 November 2015, on a visitor’s passport, with his allocated 90 days to expire on 28 February 2016, after which, he attempted to leave the Republic in January using another document, and not his US passport with which he had initially entered the Republic.
We are guided by the Immigration Regulations. Regulation 2(4) lists the international, regional or sub-regional organisations whose documents we recognise, namely:
a) The United Nations, excluding its agencies, except for the United Nations High Commissioner for Refugees
b) The African Union
c) The Southern African Development Community, and
d) The African Development Bank.
As you can see, the world passport is not recognised under Immigration Regulation 2(4).
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