(Section 10 substituted by section 11 of Act 19 of 2004)

10A. Port of entry visa

(Heading of section 10A substituted by section 8(a) of Act 13 of 2011)

(1) Any foreigner who enters the Republic shall, subject to subsections (2) and (4), on demand produce a
valid port of entry visa, granted under subsection (3), to an immigration officer.

(Section 10A(1) substituted by section 8(b) of Act 13 of 2011)

(2) Any person who holds –

(a) a valid visa for purposes of-

(i) study as contemplated in section 13;
(ii) conducting activities in the Republic in terms of an international agreement to which the
Republic is a party as contemplated in section 14;

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

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

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

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

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

(viii) retirement as contemplated in section 20;

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

(x) applying for asylum as contemplated in section 23: or

(b) a permanent residence permit issued in terms of sections 25 to 27,

shall, upon his or her entry into the Republic and after having been issued with that visa or permanent
residence permit, be deemed to be in possession of a valid port of entry visa for the purposes of this
section.

(Section 10A(2) substituted by section 8(b) of Act 13 of 2011)

(3) A port of entry visa referred to in subsection (1)-

(Words preceding section 10A(3)(a) substituted by section 8(c) of Act 13 of 2011)

(a) may, subject to any terms and conditions that the Minister may deem fit, be granted by the
Minister to any person who is not exempt, as contemplated in subsection (4), from the
requirement of having to be in possession of a valid port of entry visa, and who has applied for
such a port of entry visa in the prescribed manner;

(Section 10A(3)(a) substituted by section 8(d) of Act 13 of 2011)

(b) shall contain a statement to the effect that authority to proceed to the Republic to report to an
immigration officer at a port of entry has been granted by the Minister to the holder of a
passport, and such statement shall be endorsed in the passport concerned; and

(c) may for good cause be withdrawn and declared null and void by the Minister.
(4) The Minister may-

(a) exempt any person or category of persons from subsection (1) with regard to the requirement of
having to be in possession of a valid port of entry visa in order to obtain a visitor’s visa
contemplated in section 11, for a specified or unspecified period and either unconditionally or
subject to the terms and conditions that the Minister may impose;

(Section 10A(4)(a) substituted by section 8(e) of Act 13 of 2011)

(b) exclude any person belonging to a category of persons contemplated in paragraph (a) from any
exemption granted to that category; and

(c) withdraw any exemption granted in terms of paragraph (a) to any category of persons or to any
person, and, in the case of a person, the Minister may do so irrespective of whether that person
was exempted as an individual or as a member of a category of persons.

(5) Any person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a
fine or imprisonment for a period not exceeding 12 months, and an immigration officer may-

(a) whether or not that person has been convicted of that offence, if that person is not in custody,
arrest him or her or cause him or her to be arrested without a warrant;

(b) remove that person or cause him or her to be removed from the Republic under a warrant
issued by the Minister; and

(c) pending the removal of that person, detain him or her or cause him or her to be detained in the
manner and at a place determined by the Director-General.

(6) If a person has been convicted and sentenced under subsection (5), that person may before the
expiration of that sentence be removed from the Republic in the manner contemplated in the said
subsection.

(Section 10A inserted by section 12 of Act 19 of 2004)

10B. Transit visas

(1) Subject to subsection (4)(a), no person, other than a citizen or permanent resident, who is proceeding
from a place outside the Republic to a destination outside the Republic, shall travel through the
Republic, unless he or she is in possession of a transit visa issued for that purpose in terms of
subsection (2).

(Section 10B(1) substituted by section 3 of Act 3 of 2007)

(2) The Minister may, on the terms and conditions that he or she may impose, authorise the issue of a
transit visa to any person.

(3) Any person who contravenes subsection (1) or who, while travelling through the Republic as
contemplated in subsection (1), fails on demand by an immigration officer to produce a transit visa
issued to him or her under subsection (2), or any holder of any such transit visa who contravenes any
condition of that visa-

(a) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not
exceeding two years; and

(b) may be dealt with as an illegal foreigner, whether or not that person has been convicted or
sentenced as contemplated in paragraph (a).

(4) The Minister may-

(a) exempt any person or category of persons from this section;

(b) exclude any person belonging to a category of persons contemplated in paragraph (a) from any
exemption granted to that category; and

(c) withdraw any exemption granted under paragraph (a) to any category of persons or to any
person and, in the case of a person, whether or not he or she was exempted as an individual or
as a member of a category of persons.

(Section 10B inserted by section 12 of Act 19 of 2004)

11. Visitor’s visa

(1) A visitor’s visa may be issued for any purpose other than those provided for in sections 13 to 24, and
subject to subsection (2), by the Director-General in respect of a foreigner who complies with section
10A and provides the financial or other guarantees prescribed in respect of his or her departure:
Provided that such visa –

(a) may not exceed three months and upon application may be renewed by the Director-General for
a further period which shall not exceed three months; or

(b) may be issued by the Director-General upon application for any period which may not exceed
three years to a foreigner who has satisfied the Director-General that he or she controls
sufficient available financial resources, which may be prescribed, and is engaged in the
Republic in-

(i) an academic sabbatical;

(ii) voluntary or charitable activities;

(iii) research; or

(iv) any other prescribed activity.

(Section 11(1) substituted by section 13(a) of Act 19 of 2004)

(Section 11(1) substituted by section 4(a) of Act 3 of 2007)

(2) The holder of a visitor’s visa may not conduct work: Provided that the holder of a visitor’s visa issued in
terms of subsection (1)(a) or (b)(iv) may be authorised by the Director-General in the prescribed
manner and subject to the prescribed requirements and terms and conditions to conduct work.

(Section 11(2) substituted by section 13(b) of Act 19 of 2004)

(Section 11(2) substituted by section 4(b) of Act 3 of 2007)

(3) ……….

(Section 11(3) deleted by section 13(c) of Act 19 of 2004)

(4) ……….

(Section 11(4) deleted by section 13(c) of Act 19 of 2004)

(5) Special financial and other guarantees may be prescribed in respect of the issuance of a visitor’s visa
to certain prescribed classes of foreigners.

(Section 11(5) substituted by section 13(d) of Act 19 of 2004)

(6) Notwithstanding the provisions of this section, a visitor’s visa may be issued to a foreigner who is the
spouse of a citizen or permanent resident and who does not qualify for any of the visas contemplated
in sections 13 to 22: Provided that-

(a) such visa shall only be valid while the good faith spousal relationship exists;

(b) on application, the holder of such visa may be authorised to perform any of the activities
provided for in the visas contemplated in sections 13 to 22; and

(c) the holder of such visa shall apply for permanent residence contemplated in section 26(b) within
three months from the date upon which he or she qualifies to be issued with that visa.

(Section 11(6) added by section 13(e) of Act 19 of 2004)

12. ………

(Section 12 repealed by section 14 of Act 19 of 2004)

13. Study visa
(1) A study visa may be issued, in the prescribed manner, to a foreigner intending to study in the Republic
for a period not less than the period of study, by the Director-General: Provided that such foreigner
complies with the prescribed requirements.