(h) staying with a relative as contemplated in section 18;

(i) working as contemplated in section 19 or 21;

(j) retirement as contemplated in section 20;

(k) an exchange programme as contemplated in section 22; or

(l) applying for asylum as contemplated in section 23,

whichever is applicable in the circumstances;

(Definition of “visa” substituted by section 2(n) of Act 13 of 2011)

“work” includes-

(a) conducting any activity normally associated with the running of a specific business; or

(b) being employed or conducting activities consistent with being employed or consistent with the
profession of the person, with or without remuneration or reward,

within the Republic.

(Section 1(1) substituted by section 2(a) of Act 19 of 2004)

(2) ……….

(Section 1(2) deleted by section 2(b) of Act 19 of 2004)

OBJECTIVES AND STRUCTURES OF IMMIGRATION CONTROL

2. ……….

(Section 2 repealed by section 3 of Act 19 of 2004)

3. Delegation of powers

(1) The Minister may, subject to the terms and conditions that he or she may deem necessary, delegate
any power conferred on him or her by this Act, excluding a power referred to in sections 3, 4, 5 and 7,
to an officer or category of officers or an employee or category of employees or a person or category
of persons in the Public Service, but shall not be divested of any power so delegated.
(2) The Director-General may, subject to the terms and conditions that he or she may deem necessary,
delegate any power conferred on him or her by this Act to an officer or category of officers or an
employee or category of employees or a person or category of persons in the Public Service, but shall
not be divested of any power so delegated.

(Section 3 substituted by section 4 of Act 19 of 2004)

4. Immigration Advisory Board

(1) The Immigration Advisory Board is hereby established.

(2)

(a) The Board shall consist of-

(i) (aa) the Director-General;

(bb) the Head of the Immigration Services Branch of the Department;

(ii) any representative, at least equivalent to the rank of Deputy Director-General, from any
department or organ of state whom the Minister considers relevant;

(iii) a person representing organised business;

(iv) a person representing organised labour; and

(v) up to five individual persons appointed by the Minister in the prescribed manner on the
basis of their knowledge, experience and involvement pertaining to immigration law,
control, adjudication or enforcement.

(b) The Minister shall designate from the members of the Board a Chairperson and Deputy
Chairperson of the Board.

(Section 4(2) substituted by section 5(a) of Act 19 of 2004)

(Section 4(2) substituted by section 3(a) of Act 13 of 2011)

(3) …………

(Section 4(3) deleted by section 5(b) of Act 19 of 2004)

(4) A member of the Board referred to in subsection (2)(a)(iii), (iv) and (v) shall-

(Words preceding paragraph (a) substituted by section 5(c) of Act 19 of 2004)

(Words preceding paragraph (a) substituted by section 3(b) of Act 13 of 2011)

(a) serve for a four-year-term, at the expiry of which they shall be eligible for one or more re-
appointments, provided that the Minister may elect to fill any vacancy which may occur by
appointing a person for the unexpired portion of the term of the member in whose place such
person is appointed;

(b) at no time –

(i) be or become an unrehabilitated insolvent;

(ii) be or have been judicially declared of unsound mind;

(iii) suffer an infirmity of mind or body preventing him or her from the proper discharge of the
duties of his or her office;

(iv) be convicted by final conviction or sentence of an offence without the option of a fine;

(v) be or become a political office bearer; or

(vi) be or have been removed from an office of trust on account of misconduct involving theft
or fraud;

(c) cease to be a member –

(i) on resignation;

(ii) if requested by the Minister to resign for good cause;

(iii) if he or she fails to attend two consecutive meetings of the Board, unless his or her
apology has been accepted by the Board; or

(iv) if he or she becomes disqualified in terms of this Act; and

(d) be paid such remuneration and be entitled to such benefits and allowances as determined from
time to time by the Minister after consultation with the Director-General and with the approval of
the Minister of Finance.

(5) The administrative work connected with the performance of the functions of the Board shall be
performed by officers of the Department, designated by the Director-General for that purpose.

(Section 4(5) substituted by section 5(d) of Act 19 of 2004)

(6) ……….

(Section 4(6) deleted by section 5(e) of Act 19 of 2004)
(7) The Minister may dissolve the Board on such terms and conditions as he or she sees fit, provided that
a new Board shall be convened within 90 calendar days.

(8) ……….

(Section 4(8) deleted by section 5(f) of Act 19 of 2004)

(9) Subject to this Act, the Board shall operate and meet as prescribed.

(Commencement date of section 4: 26 February 2003)

5. Functions of Board

The Board shall –

(a) advise the Minister in respect of-

(i) the contents of regulations that may be made in terms of this Act;

(ii) the formulation of policy pertaining to immigration matters; and

(iii) any other matter relating to this Act on which the Minister may request advice; and

(b) serve as the interdepartmental cooperation forum for all immigration matters.”

(Section 5 substituted by section 6 of Act 19 of 2004)

6. ……….

(Section 6 repealed by section 7 of Act 19 of 2004)

7. Regulations

(1) The Minister may, after consultation with the Board, make regulations relating to-

(a) the powers and duties of immigration officers;

(b) the steps to be taken to prevent the entry of illegal foreigners into the Republic and to facilitate
the tracing and identification of illegal foreigners in, and their removal from, the Republic;

(c) the procedure regulating the entry into and departure from the Republic of persons at a port of
entry, and the requirements and terms and conditions to be complied with at such a port;

(d) the times and places of, and the manner of conducting, an enquiry relating to, or the
examination of, persons entering or desiring to enter the Republic or who, having been found in
the Republic, are suspected of being prohibited persons or unlawfully resident therein;

(e) a port of entry visa, visas, permanent residence permits and the certificates which may be
issued under this Act, the requirements for the issuing of a port of entry visa, visas, permanent
residence permits and certificates and terms and conditions to which such port of entry visa,
visas, permanent residence permits or certificates may be subjected, and the circumstances
under which such a port of entry visa, visas, permanent residence permits or certificates may be
cancelled or withdrawn;

(Section 7(1)(e) substituted by section 4(a) of Act 13 of 2011)

(f) the terms and conditions upon which prohibited persons may be allowed to pass through the
Republic while journeying or being conveyed to a place outside the Republic;

(g) the forms of warrants, permanent residence permits, a port of entry visa, visas, certificates or
other documents to be issued or used, or of declarations to be made, or of registers to be kept,
for the purposes of this Act, and the particulars to be provided on or inserted in any such
document, declaration or register;

(Section 7(1)(g) substituted by section 4(b) of Act 13 of 2011)

(h) the fees that may be charged in respect of overtime services required to be performed by
immigration officers;

(i) the fees that may be charged in respect of the application for and issuing of a port of entry visa,
visas, permanent residence permits and certificates and other services rendered in terms of this
Act, including advance passenger processing and passenger name record information
transmission;

(Section 7(1)(i) substituted by section 4(c) of Act 13 of 2011)

(j) the steps to be taken to prevent the departure from the Republic of a person not in possession
of a passport or other appropriate documentation;

(k) …

(Section 7(1)(k) deleted by section 4(d) of Act 13 of 2011)

(l) the manner in which payment of a deposit contemplated in section 34(3) may be enforced;

(m) the steps to be taken to ensure proper exploitation of the local labour market before a work visa
is issued in terms of section 19;

(n) the circumstances whereunder and the manner in which a penalty shall be incurred by and
recovered from the owner, agent, charterer or person in charge of a conveyance and who
conveyed a foreigner contemplated in section 35(9) to the Republic;

(Section 7(1)(n) substituted by section 4(e) of Act 13 of 2011)

(o) any matter that may be prescribed under this Act; and

(p) generally, any matter required for the better achievement of the objects and purposes of this
Act.

(2) Different regulations may be made under subsection (1)(c) in respect of different ports of entry, and
the forms of warrants, permanent residence permits, a port of entry visa, visas, certificates,
documents, declarations or registers prescribed under subsection (1)(g) may differ in respect of
different categories of persons.