(Words preceding paragraph (a) substituted by section 35(a) of Act 19 of 2004)

(a) shall be notified in writing of the decision to deport him or her and of his or her right to appeal
such decision in terms of this Act;

(b) may at any time request any officer attending to him or her that his or her detention for the
purpose of deportation be confirmed by warrant of a Court, which, if not issued within 48 hours
of such request, shall cause the immediate release of such foreigner;

(c) shall be informed upon arrest or immediately thereafter of the rights set out in the preceding two
paragraphs, when possible, practicable and available in a language that he or she understands;

(d) may not be held in detention for longer than 30 calendar days without a warrant of a Court
which on good and reasonable grounds may extend such detention for an adequate period not
exceeding 90 calendar days, and

(e) shall be held in detention in compliance with minimum prescribed standards protecting his or
her dignity and relevant human rights.

(2) The detention of a person in terms of this Act elsewhere than on a ship and for purposes other than
his or her deportation shall not exceed 48 hours from his or her arrest or the time at which such
person was taken into custody for examination or other purposes, provided that if such period expires
on a non-court day it shall be extended to four p.m. of the first following court day.

(3) The Director-General may order a foreigner subject to deportation to deposit a sum sufficient to cover
in whole or in part the expenses related to his or her deportation, detention, maintenance and custody
and an officer may in the prescribed manner enforce payment of such deposit.

(Section 34(3) amended by section 47 of Act 19 of 2004)

(4) Any person who fails to comply with an order made in terms of subsection (3) shall be guilty of an
offence and liable on conviction to a fine not exceeding R20 000 or to imprisonment not exceeding 12
months.

(5) Any person other than a citizen or a permanent resident who having been –

(Words preceding paragraph (a) substituted by section 35(b) of Act 19 of 2004)

(a) removed from the Republic or while being subject to an order issued under a law to leave the
Republic, returns thereto without lawful authority or fails to comply with such order; or

(b) refused admission, whether before or after the commencement of this Act, has entered the
Republic,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not
exceeding 12 months and may, if not already in detention, be arrested without warrant and deported
under a warrant issued by a Court and, pending his or her removal, be detained in the manner and at
the place determined by the Director-General.

(6) Any illegal foreigner convicted and sentenced under this Act may be deported before the expiration of
his or her sentence and his or her imprisonment shall terminate at that time.

(7) On the basis of a warrant for the removal or release of a detained illegal foreigner, the person in
charge of the prison concerned shall deliver such foreigner to that immigration officer or police officer
bearing such warrant, and if such foreigner is not released he or she shall be deemed to be in lawful
custody while in the custody of the immigration officer or police officer bearing such warrant.

(8) A person at a port of entry who has been notified by an immigration officer that he or she is an illegal
foreigner or in respect of whom the immigration officer has made a declaration to the master of the
ship on which such foreigner arrived that such person is an illegal foreigner shall be detained by the
master on such ship and, unless such master is informed by an immigration officer that such person
has been found not to be an illegal foreigner, such master shall remove such person from the
Republic, provided that an immigration officer may cause such person to be detained elsewhere than
on such ship, or be removed in custody from such ship and detain him or her or cause him or her to be
detained in the manner and at a place determined by the Director-General.

(9) The person referred to in the preceding subsection shall, pending removal and while detained as
contemplated in that subsection, be deemed to be in the custody of the master of such ship and not of
the immigration officer or the Director-General, and such master shall be liable to pay the costs of the
detention and maintenance of such person while so detained if the master knew or should reasonably
have known that such person was an illegal foreigner, provided that –

(a) if such master fails to comply with the provisions of that subsection, or if required to pay such
costs, such master or the owner of such ship shall forfeit in respect of every person concerned a
sum fixed by the immigration officer, not exceeding an amount prescribed from time to time;

(b) the immigration officer may, before such person is removed from such ship, require the master
or the owner of such ship to deposit a sum sufficient to cover any expenses that may be
incurred by the Director-General in connection with the deportation, detention, maintenance and
custody of such person, if there are grounds to believe that the master knew or should
reasonably have known that such person was an illegal foreigner;

(c) if such person is not removed from the Republic on the ship on which he or she was conveyed
to the Republic, except by reason of not being an illegal foreigner, and if the master knew or
should have known that such person was an illegal foreigner, the owner of that ship shall at the
request of an immigration officer convey that person, or have him or her conveyed, free of
charge to the State to a place outside the Republic, and any person, other than an immigration
officer, charged by the Director-General with the duty of escorting that person to such place,
shall be deemed to be an immigration officer while performing such duty; and

(d) if the owner of such ship fails to comply with the provisions of this section, he or she shall forfeit
in respect of each such person a sum fixed by the immigration officer, not exceeding an amount
prescribed from time to time.

(Section 34(9) amended by section 47 of Act 19 of 2004)

(10) A person who escapes or attempts to escape from detention imposed under this Act shall be guilty of
an offence and may be arrested without a warrant.

(11) A person detained on a ship may not be held in detention for longer than 30 days without an order of
court.

(Section 34(11) added by section 35(c) of Act 19 of 2004)

35. Duties with regard to conveyances

(1) Save for exceptional circumstances necessitating otherwise, no person in charge of a conveyance
shall cause that conveyance to enter the Republic at any place other than at a port of entry.

(2)

(a) The owner or person in charge of a prescribed conveyance entering into, departing from or in
transit through the Republic, shall comply with the provisions of this section by enabling
electronic transmission and receipt of the prescribed information to the Director-General in the
prescribed manner.

(b) The owner or person in charge of a conveyance entering into, departing from or in transit
through the Republic, shall within the prescribed period prior to boarding persons onto his or her
conveyance, electronically transmit the prescribed information to the Director-General in respect
of each person.

(c) The owner or person in charge of a conveyance shall act in accordance with a boarding advice
issued by the Director-General in respect of each person contemplated in paragraph (b).
(3)

(a) The owner or person in charge of a conveyance entering into, departing from or in transit
through the Republic by air or conveying persons on domestic flights within the Republic, shall
comply with the provisions of this section by enabling electronic transmission of the prescribed
passenger name record information in respect of all persons booked to travel on his or her
conveyance to the Director-General in the prescribed manner.

(b) The owner or person contemplated in paragraph (a) shall, within the prescribed period prior to
the scheduled time of departure of his or her conveyance, electronically transmit the prescribed
passenger name record information to the Director-General in the prescribed manner.

(c) The information contemplated in paragraph (a) shall be used by the Director-General for the
better achievement of the objectives of this Act and the Director-General shall adopt prescribed
measures to safeguard the protection of that information in accordance with legislation
governing the protection of personal information.

(4) An immigration officer or other authorised person employed by the Director-General may-