(Section 7(2) substituted by section 4(f) of Act 13 of 2011)

(3) A regulation made under subsection (1) may provide that any person who contravenes a provision
thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine, or
to imprisonment for a period not exceeding 12 months.

(4) The Minister may-

(a) exempt a person or category of persons from paying fees prescribed under subsection (1)(h);
and

(b) withdraw an exemption granted to a person or a category of persons under paragraph (a).

(5) Any fee which may be prescribed under subsection (1) shall be prescribed by the Minister with the
concurrence of the Minister of Finance.

(Commencement date of section 7: 20 February 2003)

(Section 7 substituted by section 8 of Act 19 of 2004)

8. Review and appeal procedures

(1) An immigration officer who refuses entry to any person or finds any person to be an illegal foreigner
shall inform that person on the prescribed form that he or she may in writing request the Minister to
review that decision and-

(a) if he or she arrived by means of a conveyance which is on the point of departing and is not to
call at any other port of entry in the Republic, that request shall without delay be submitted to
the Minister; or

(b) in any other case than the one provided for in paragraph (a), that request shall be submitted to
the Minister within three days after that decision.
(2) A person who was refused entry or was found to be an illegal foreigner and who has requested a
review of such a decision-

(a) in a case contemplated in subsection (1)(a), and who has not received an answer to his or her
request by the time the relevant conveyance departs, shall depart on that conveyance and shall
await the outcome of the review outside the Republic; or

(b) in a case contemplated in subsection (1)(b), shall not be removed from the Republic before the
Minister has confirmed the relevant decision.

(3) Any decision in terms of this Act, other than a decision contemplated in subsection (1), that materially
and adversely affects the rights of any person, shall be communicated to that person in the prescribed
manner and shall be accompanied by the reasons for that decision.

(4) An applicant aggrieved by a decision contemplated in subsection (3) may, within 10 working days from
receipt of the notification contemplated in subsection (3), make an application in the prescribed
manner to the Director-General for the review or appeal of that decision.

(5) The Director-General shall consider the application contemplated in subsection (4), whereafter he or
she shall either confirm, reverse or modify that decision.

(6) An applicant aggrieved by a decision of the Director-General contemplated in subsection (5) may,
within 10 working days of receipt of that decision, make an application in the prescribed manner to the
Minister for the review or appeal of that decision.

(7) The Minister shall consider the application contemplated in subsection (6), whereafter he or she shall
either confirm, reverse or modify that decision.

(Section 8 substituted by section 9 of Act 19 of 2004)

ADMISSION AND DEPARTURE

9. Admission and departure

(1) Subject to this Act, no person shall enter or depart from the Republic at a place other than a port of
entry.

(2) Subject to this Act, a citizen shall be admitted, provided that he or she identifies himself or herself as
such and the immigration officer records his or her entrance.

(3) No person shall enter or depart from the Republic-
(a) unless he or she is in possession of a valid passport, and in the case of a minor, has his or her
own valid passport;

(b) except at a port of entry, unless exempted in the prescribed manner by the Minister, which
exemption may be withdrawn by the Minister;

(c) unless the entry or departure is recorded by an immigration officer in the prescribed manner;
and

(d) unless his or her relevant admission documents have been examined in the prescribed manner
and he or she has been interviewed in the prescribed manner by an immigration officer:
Provided that, in the case of a child, such examination and interview shall be conducted in the
presence of the parent or relative or, if the minor is not accompanied by the parent or relative,
any person of the same gender as the minor.

(Section 9(3) substituted by section 5(a) of Act 13 of 2011)

(4) A foreigner who is not the holder of a permanent residence permit contemplated in section 25 may
only enter the Republic as contemplated in this section if-

(a) his or her passport is valid for a prescribed period; and

(b) issued with a valid visa, as set out in this Act.

(Section 9(4) substituted by section 5(b) of Act 13 of 2011)

(Section 9 substituted by section 10 of Act 19 of 2004)

9A. Place of entry or exit

(1) The Minister may, in the prescribed manner, designate any place in the Republic, which complies with
the prescribed requirements, where all persons have to report before they may enter, sojourn or
remain within, or depart from, the Republic.
(2) The Minister may, on good cause shown, withdraw the designation contemplated in subsection (1) at
any time.

(Section 9A inserted by section 6 of Act 13 of 2011)

TEMPORARY RESIDENCE

10. Visas to temporarily sojourn in Republic

(Heading of section 10 substituted by section 7(a) of Act 13 of 2011)
(1) Upon admission, a foreigner, who is not a holder of a permanent residence permit, may enter and
sojourn in the Republic only if in possession of a visa issued by the Director-General for a prescribed
period.

(Section 10(1) substituted by section 7(b) of Act 13 of 2011)

(2) Subject to this Act, upon application in person and in the prescribed manner, a foreigner may be
issued one of the following visas for purposes of-

(a) transit through the Republic as contemplated in section 10B;

(b) a visit as contemplated in section 11;

(c) study as contemplated in section 13;

(d) conducting activities in the Republic in terms of an international agreement to which the
Republic is a party as contemplated in section 14;

(e) establishing or investing in a business as contemplated in section 15;

(f) working as a crew member of a conveyance in the Republic as contemplated in section 16;

(g) obtaining medical treatment as contemplated in section 17;

(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.

(Section 10(2) substituted by section 2 of Act 3 of 2007)

(Section 10(2) substituted by section 7(c) of Act 13 of 2011)

(3) If issued outside the Republic, a visa is deemed to be of force and effect only after an admission.

(4) A visa is to be issued on condition that the holder is not or does not become a prohibited or an
undesirable person.

(5) The Director-General may for good cause attach reasonable individual terms and conditions as may
be prescribed to a visa.

(6)

(a) Subject to this Act, a foreigner, other than the holder of a visitor’s or medical treatment visa,
may apply to the Director-General in the prescribed manner to change his or her status or terms
and conditions attached to his or her visa, or both such status and terms and conditions, as the
case may be, while in the Republic.

(b) An application for a change of status attached to a visitor’s or medical treatment visa shall not
be made by the visa holder while in the Republic, except in exceptional circumstances as
prescribed.

(Section 10(6) substituted by section 7(d) of Act 13 of 2011)

(7) Subject to this Act, the Director-General may, on application in the prescribed manner and on the
prescribed form, extend the period for which a visa contemplated in subsection (2) was issued.

(8) An application for a change in status does not provide a status and does not entitle the applicant to
any benefit under the Act, except for those explicitly set out in the Act, or to sojourn in the Republic
pending the decision in respect of that application.

(9) The Director-General may at any time in writing notify the holder of a visa issued in terms of this
section that, subject to subsection (10), the visa shall be cancelled for the reasons disclosed in the
notice and that the holder is thereby ordered to leave the Republic within a period stated in that notice,
and upon the expiration of that period the visa shall become null and void.

(10) The holder of a visa who receives a notice contemplated in subsection (9) may, before the expiration
of the period stated in that notice, make representations to the Director-General which he or she shall
consider before making his or her decision.