(13) Any person who pretends to be, or impersonates, an immigration officer, shall be guilty of an offence
and liable on conviction to a fine or to imprisonment not exceeding eight years.

(Section 49(13) added by section 45(e) of Act 19 of 2004)

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

(14) Any person who for the purpose of entering or remaining in, or departing from, or of facilitating or
assisting the entrance into, residence in or departure from, the Republic, whether in contravention of
this Act or not, commits any fraudulent act or makes any false representation by conduct, statement or
otherwise, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not
exceeding eight years.

(Section 49(14) added by section 45(e) of Act 19 of 2004)

(Section 49(14) substituted by section 24 of Act 13 of 2011)

(15) Any natural or juristic person, or a partnership, who-

(a) for the purpose of entering the Republic, or of remaining therein, in contravention of this Act, or
departing from the Republic, or of assisting any other person so as to enter or so to remain or
so to depart, utters, uses or attempts to use-

(i) any permanent residence permit, port of entry visa, visa, certificate, written authority or
other document which has been issued by lawful authority, or which, though issued by
lawful authority, he, she or it is not entitled to use; or
(ii) any fabricated or falsified permanent residence permit, port of entry visa, visa, certificate,
written authority or other document; or

(b) without sufficient cause has in his, her or its possession-

(i) any stamp or other instrument which is used or capable of being used for purposes of
fabricating or falsifying or unlawfully recording on any document any endorsement under
this Act or required to be submitted in terms of this Act;

(ii) any form officially printed for purposes of issuing any permanent residence permit, port of
entry visa, visa, certificate, written authority or other document under this Act or required
to be submitted in terms of this Act, or any reproduction or imitation of any such form;

(iii) any passport, travel document, identity document or other document used for the
facilitation of movement across borders, which is blank or reflects particulars other than
those of the person in whose possession it is found; or
(iv) any fabricated or falsified passport, travel document, identity document or other
document used for the facilitation of movement across borders,

shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 15
years without the option of a fine.

(Section 49(15) added by section 45(e) of Act 19 of 2004)

(Section 49(15) substituted by section 24 of Act 13 of 2011)

(16) Any person who-

(a) contravenes or fails to comply with any provision of this Act, if such contravention or failure is
not elsewhere declared an offence, or if no penalty is prescribed in respect of an offence; or

(b) commits any other offence under this Act in respect of which no penalty is elsewhere
prescribed,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding seven
years.

(Section 49(16) added by section 45(e) of Act 19 of 2004)

(Section 49(16) substituted by section 24 of Act 13 of 2011)

50. Administrative offences

(1) Any foreigner who leaves the Republic after the expiry of his or her visa shall be dealt with in terms of
section 30(1)(h).

(Section 50(1) amended by section 47 of Act 19 of 2004)

(Section 50(1) substituted by section 25(a) of Act 13 of 2011)

(2) Anyone who through negligence produces an incorrect certification contemplated by this Act shall be
liable to an administrative fine of a prescribed amount not exceeding R8000, which fine shall be
imposed by the Director-General.

(Section 50(2) amended by section 47 of Act 19 of 2004)

(3) Any owner or person in charge of a conveyance who through negligence contravenes the provisions
of section 35(9), shall be liable to an administrative fine of a prescribed amount, which fine shall be
imposed by the Director-General.

(Section 50(3) substituted by section 46 of Act 19 of 2004)

(Section 50(3) substituted by section 25(b) of Act 13 of 2011)

(4) Any owner or person in charge of a conveyance who-

(a) fails to comply with the provisions of section 35(2)(a), (b) or (c) or (3)(a); or

(b) transmits inaccurate information contemplated in section 35(2)(b) or (3)(b),

shall be liable to an administrative fine of a prescribed amount, which line shall be imposed by the
Director-General.

(Section 50(4) added by section 25(c) of Act 13 of 2011)

TRANSITIONAL PROVISIONS

51. Transitional definitions

In respect of sections 52 and 53 the following additional or different definitions shall apply, unless the
context requires otherwise:

(i) “prescribe” means to provide through regulations and “prescribed” has a correspondent
meaning;

(ii) “previous Act” means the Aliens Control Act, 1991 (Act No. 96 of 1991);

(iii) “published” means published in the Government Gazette; and

(iv) “regulations” means both general and specific rules adopted by the Minister and published.

52. Functions of Department and Board

(1) Until the Board is duly constituted and operational, any regulation required in terms of this Act shall be
prescribed.

(2) Subject to this Act, any regulations adopted under the previous Act shall remain in force and effect
until repealed or amended.

(3) The Board shall be convened within 90 days of the coming into force of this Act.

(Commencement date of section 52: 20 February 2003)

53. Existing visas

(1) Any permanent residence permit validly issued in terms of the previous Act shall be deemed to have
been issued in terms of, and in compliance with, this Act.

(2) Any visa issued in terms of the previous Act for a determined period shall continue in force and effect
in accordance with the terms and conditions under which it was issued, but may only be renewed in
terms of this Act, provided that –

(i) the Department may waive the requirement to submit a new application, and

(ii) for good cause the Department may authorise a visa to be renewed in terms of the previous
Act.

(3) Any exemptions for an undetermined period granted in terms of section 28(2) of the previous Act shall
be deemed a permanent residence permit for the purposes of this Act, and any exemption granted for
a determined period shall continue in force and effect in accordance with the terms and conditions
under which it was issued.

(4) Visas issued under section 41 of the previous Act shall continue in force and effect in accordance with
the terms and conditions under which they were issued, but may not be renewed.

54. Repeal of laws

(1) The laws mentioned in Schedule 3 are hereby repealed or amended to the extent set out in its third
column.

(2) Anything done under the provisions of a law repealed by subsection (1) and which could have been
done under this Act shall be deemed to have been done under this Act.

55. Short title and commencement

(1) This Act shall be referred to as the Immigration Act, 2002, and shall come into force and effect on a
date determined by the President by proclamation in the Government Gazette.

(2) The date of coming into force and effect of section 37 shall be determined in consultation with the
Minister for Justice and Constitutional Development.

Schedule 1

Offences relating to section 28(a) of this Act

(Heading of Schedule 1 substituted by section 10 of Act 3 of 2007)

Treason against the Republic

Murder

Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related
Matters) Amendment Act, 2007. Respectively Sexual assault, compelled sexual assault or compelled self-
sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related
Matters) Amendment Act, 2007. respectively

Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter
3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act,
2007, respectively

Trafficking in persons for sexual purposes by a person as contemplated in section 71(1), (2) or (6) of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007

Robbery

Kidnapping

Assault when a dangerous wound is inflicted

Arson

Any conspiracy, incitement or attempt to commit an offence referred to in this Schedule.

(Schedule 1 substituted by section 68 of Act 32 of 2007)

Schedule 2

Offences relating to section 28(a) of this Act

(Heading of Schedule 2 substituted by section 11 of Act 3 of 2007)

An offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned
offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004

Sedition

Public violence

Culpable Homicide

Bestiality

Malicious injury to property

Breaking and entering any premises