(iii) entering into an agreement with him or her for the conduct of any business or the carrying on of
any profession or occupation;

(iv) conducting any business or carrying on any profession or occupation in cooperation with him or
her;

(v) assisting, enabling or in any manner helping him or her to conduct any business or carry on any
profession or occupation;

(vi) obtaining a licence or other authority for him or her or on his or her behalf to conduct any
business or to carry on any profession or occupation;

(vii) doing anything for him or her or on his or her behalf in connection with his or her business or
profession or occupation;

(viii) harbouring him or her, which includes providing accommodation; or

(ix) letting or selling or in any manner making available any immoveable property in the Republic to
him or her.

(2) In any criminal proceedings arising out of this section, it is no defence to aver that the status of the
foreigner concerned, or whether he or she was an illegal foreigner, was unknown to the accused if it is
proved that the accused ought reasonably to have known the status of the foreigner, or whether he or
she was an illegal foreigner.

43. Obligation of foreigners

A foreigner shall –

(a) abide by the terms and conditions of his or her status, including any terms and conditions
attached to the relevant visa or permanent residence permit, as the case may be, by the
Director- General upon its issuance, extension or renewal, and that status shall expire upon the
violation of those terms and conditions; and

(Section 43(a) substituted by section 41 of Act 19 of 2004)

(Section 43(a) substituted by section 22 of Act 13 of 2011)

(b) depart upon expiry of his or her status.

44. Organs of state

When possible, any organ of state shall endeavour to ascertain the status or citizenship of the persons
receiving its services and shall report to the Director-General any illegal foreigner, or any person
whose status or citizenship could not be ascertained, provided that such requirement shall not prevent
the rendering of services to which illegal foreigners and foreigners are entitled under the Constitution
or any law.

(Section 44 substituted by section 42 of Act 19 of 2004)

45. Other institutions

Prescribed institutions or persons other than organs of state may, in the prescribed manner, be
required to endeavour to ascertain the status or citizenship of the persons with whom they enter into
commercial transactions, as prescribed, and shall report to the Director-General any illegal foreigner,
or any person whose status or citizenship could not be ascertained, provided that such requirement
shall not prevent the rendering of services or performance to which illegal foreigners and foreigners
are entitled under the Constitution or any law.

(Section 45 substituted by section 43 of Act 19 of 2004)

MISCELLANEOUS

46. Immigration practitioners

(Section 46 amended by section 47 of Act 19 of 2004)

(Section 46 repealed by section 23 of Act 13 of 2011)

47. ……….

(Section 47 repealed by section 44 of Act 19 of 2004)

48. Foreigners erroneously allowed to enter Republic

No illegal foreigner shall be exempt from a provision of this Act or be allowed to sojourn in the
Republic on the grounds that he or she was not informed that he or she could not enter or sojourn in
the Republic or that he or she was admitted or allowed to remain in the Republic through error or
misrepresentation, or because his or her being an illegal foreigner was undiscovered.

OFFENCES

49. Offences

(1)

(a) Anyone who enters or remains in, or departs from the Republic in contravention of this Act, shall
be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two
years.

(b) Any illegal foreigner who fails to depart when so ordered by the Director-General, shall be guilty
of an offence and liable on conviction to a fine or to imprisonment not exceeding four years.

(Section 49(1) substituted by section 45(a) of Act 19 of 2004)

(Section 49(1) substituted by section 24 of Act 13 of 2011)

(2) Anyone who knowingly assists a person to enter or remain in, or depart from the Republic in
contravention of this Act, shall be guilty of an offence and liable on conviction to a fine or to
imprisonment not exceeding five years.

(Section 49(2) substituted by section 45(a) of Act 19 of 2004)

(Section 49(2) substituted by section 24 of Act 13 of 2011)

(3) Anyone who knowingly employs an illegal foreigner or a foreigner in violation of this Act, shall be guilty
of an offence and liable on conviction to a fine or to imprisonment not exceeding one year: Provided
that such person’s second conviction of such an offence shall be punishable by imprisonment not
exceeding two years or a fine, and the third or subsequent convictions of such offences by
imprisonment not exceeding five years without the option of a fine.

(Section 49(3) substituted by section 24 of Act 13 of 2011)

(4) Anyone who intentionally facilitates an illegal foreigner to receive public services to which such illegal
foreigner is not entitled shall be guilty of an offence and liable on conviction to a fine.

(5) Any public servant who provides false or intentionally inaccurate or unauthorised documentation or
benefit to an illegal foreigner, or otherwise facilitates such illegal foreigner to disguise his or her
identity or status, or accepts any undue financial or other consideration to perform an act or to
exercise his or her discretion in terms of this Act, shall be guilty of an offence and liable on conviction
to imprisonment not exceeding eight years without the option of a fine: Provided that if such public
servant is employed by the Department, such offence shall be punishable by imprisonment not
exceeding 15 years without the option of a fine.

(Section 49(5) substituted by section 24 of Act 13 of 2011)

(6) Anyone failing to comply with one of the duties or obligations set out under sections 38 to 46, shall be
guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding five years.

(Section 49(6) substituted by section 45(b) of Act 19 of 2004)

(Section 49(6) substituted by section 24 of Act 13 of 2011)

(7) Anyone participating in a conspiracy of two or more persons to conduct an activity intended to
contravene this Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment
not exceeding seven years: Provided that if part of such activity is conducted or intended to be
conducted in a foreign country, the offence shall be punishable by imprisonment not exceeding eight
years without the option of a fine.

(Section 49(7) substituted by section 45(b) of Act 19 of 2004)
(Section 49(7) substituted by section 24 of Act 13 of 2011)

(8) Anyone who wilfully or through gross negligence produces a false certification contemplated by this
Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding
three years.

(Section 49(8) substituted by section 45(b) of Act 19 of 2004)

(Section 49(8) substituted by section 24 of Act 13 of 2011)

(9) Anyone, other than a duly authorised public servant, who manufactures or provides or causes the
manufacturing or provision of a document purporting to be a document issued or administered by the
Department, shall be guilty of an offence and liable on conviction to imprisonment not exceeding 10
years without the option of a fine.

(Section 49(9) substituted by section 45(b) of Act 19 of 2004)

(Section 49(9) substituted by section 24 of Act 13 of 2011)

(10) Anyone who through offers of financial or other consideration or threats, compels or induces an officer
to contravene this Act or to breach such officer’s duties, shall be guilty of an offence and liable on
conviction-

(a) to a fine or to imprisonment not exceeding five years; or

(b) if subsequently such officer in fact contravenes this Act or breaches his or her duties, to
imprisonment not exceeding five years without the option of a fine.

(Section 49(10) substituted by section 24 of Act 13 of 2011)

(11) Anyone guilty of the offence contemplated in section 34(10) shall be liable on conviction to a fine or to
imprisonment not exceeding three years.

(Section 49(11) amended by section 45(c) of Act 19 of 2004)

(Section 49(11) substituted by section 24 of Act 13 of 2011)

(12) A court may make an order as to costs in favour of the Department to the extent necessary to defray
the expenses referred to in section 34(3) against-

(a) any illegal foreigner referred to in section 34 (3);

(b) any person who contravened section 38 or 42;

(c) any person who conveyed into the Republic a foreigner without the required transit visa; or

(d) any person who committed an offence contemplated in subsection (5), (7), (8) or (10),

which order shall have the effect of a civil judgment of that court.
(Section 49(12) substituted by section 45(d) of Act 19 of 2004)