(c) intends to establish or has established a business in the Republic, as contemplated in section
15, and investing in it or in an established business, as contemplated in section 15, the
prescribed financial contribution to be part of the intended book value, and to the members of
such foreigner’s immediate family: Provided that-

(Words preceding section 27(c)(i) substituted by section 18(b) of Act 13 of 2011)

(i) the Director-General may waive or reduce such financial or capital contribution for
businesses prescribed to be in the national interest or when so requested by the
Department of Trade and Industry; and

(ii) the permanent residence permit shall lapse if the holder fails to prove within two years of
the issuance of the permanent residence permit and three years thereafter, to the
satisfaction of the Director-General, that the prescribed financial contribution to be part of
the intended book value is still invested as contemplated in this paragraph;

(Section 27(c)(ii) substituted by section 18(c) of Act 13 of 2011)

(Section 27(c) substituted by section 8(b) of Act 3 of 2007)

(d) is a refugee referred to in section 21(c) of the Refugees Act, 1998 (Act No. 130 of 1998),
subject to any prescribed requirement;

(e) intends to retire in the Republic, provided that such foreigner proves to the satisfaction of the
Director-General that he or she-

(i) has the right to a pension or an irrevocable annuity or retirement account which will give
such foreigner a prescribed minimum payment for the rest of his or her life; or

(ii) has a minimum prescribed net worth;

(f) has proven to the satisfaction of the Director-General that he or she has a prescribed minimum
net worth and has paid a prescribed amount to the Director-General; or
(g) is the relative of a citizen or permanent resident within the first step of kinship.

(Section 27 substituted by section 28 of Act 19 of 2004)

28. Withdrawal of permanent residence permit

(Heading substituted by section 29(a) of Act 19 of 2004)

The Director-General may withdraw a permanent residence permit if its holder –

(a) is convicted of any of the offences-

(i) listed in Schedules 1 and 2; or

(ii) in terms of this Act;

(Section 28(a) substituted by section 29(b) of Act 19 of 2004)

(Section 28(a) substituted by section 9 of Act 3 of 2007)

(b) has failed to comply with the terms and conditions of his or her permit;

(Section 28(b) substituted by section 29(c) of Act 19 of 2004)

(c) has been absent from the Republic for more than three years, provided that –

(i) upon showing good cause and upon prior application the Director-General may extend
this period in specific cases;

(ii) the time when such holder –

(aa) was residing abroad while in the service of the State;

(bb) was residing abroad while a representative or employee of a person or association
of persons resident or established in the Republic;

(cc) was residing abroad while in the service of an international organisation of which
the State is a member;

(dd) in the case of the spouse or dependent child of a person referred to in subitem
(aa), (bb) or (cc), such spouse or child was residing with such person; or

(ee) in the case of the spouse or dependent child of a person who is a South African
citizen, such spouse or child was residing with such person,

shall not be computed within such period;
(iii) the Minister may grant an exemption from the requirement of residence in respect of
certain residents or class of residents;

(Section 28(c)(iii) substituted by section 29(d) of Act 19 of 2004)

(iv) the period of absence may only be interrupted by an admission and sojourn in the
Republic; and

(v) the requirement of residence in the Republic shall not affect any foreigner to whom
exemption has been granted under section 31(2)(b) as a member of a category of
persons, unless such foreigner previously entered the Republic or sojourned therein for
the purpose of permanent residence under the authority of such exemption; or

(d) has not taken up residence in the Republic within one year of the issuance of such permit.

(Section 28 amended by section 47 of Act 19 of 2004)

EXCLUSIONS AND EXEMPTIONS

29. Prohibited persons

(1) The following foreigners are prohibited persons and do not qualify for a port of entry visa, admission
into the Republic, a visa or a permanent residence permit:

(Words preceding section 29(1)(a) substituted by section 19(a) of Act 13 of 2011)

(a) Those infected with or carrying infectious, communicable or other diseases or viruses as
prescribed;

(b) anyone against whom a warrant is outstanding or a conviction has been secured in the Republic
or a foreign country in respect of genocide, terrorism, human smuggling, trafficking in persons,
murder, torture, drug-related charges, money laundering or kidnapping;

(Section 29(1)(b) substituted by section 19(b) of Act 13 of 2011)

(c) anyone previously deported and not rehabilitated by the Director-General in the prescribed
manner;

(d) a member of or adherent to an association or organisation advocating the practice of racial
hatred or social violence;

(e) anyone who is or has been a member of or adherent to an organisation or association utilising
crime or terrorism to pursue its ends; and

(f) anyone found in possession of a fraudulent visa, passport, permanent residence permit or
identification document.
(Section 29(1)(f) substituted by section 19(c) of Act 13 of 2011)

(2) The Director-General may, for good cause, declare a person referred to in subsection (1) not to be a
prohibited person.

(Section 29 substituted by section 30 of Act 19 of 2004)

30. Undesirable persons

(1) The following foreigners may be declared undesirable by the Director- General, as prescribed, and
after such declaration do not qualify for a port of entry visa, visa, admission into the Republic or a
permanent residence permit:

(Words preceding section 30(1)(a) substituted by section 20(a) of Act 13 of 2011)

(a) Anyone who is or is likely to become a public charge;

(b) anyone identified as such by the Minister;

(c) anyone who has been judicially declared incompetent;

(d) an unrehabilitated insolvent;

(e) anyone who has been ordered to depart in terms of this Act;

(f) anyone who is a fugitive from justice;

(Section 30(1)(f) substituted by section 20(b) of Act 13 of 2011)

(g) anyone with previous criminal convictions without the option of a fine for conduct which would
be an offence in the Republic, with the exclusion of certain prescribed offences; and

(Section 30(1)(g) substituted by section 20(b) of Act 13 of 2011)

(h) any person who has overstayed the prescribed number of times.

(Section 30(1)(h) added by section 20(c) of Act 13 of 2011)

(2) Upon application by the affected person, the Minister may, for good cause, waive any of the grounds
of undesirability.

(Section 30 substituted by section 31 of Act 19 of 2004)

31. Exemptions

(1) The following persons or categories of persons are not illegal foreigners:
(a) a member of a military force of a foreign state which has been granted consent by the
Government of the Republic to enter the Republic, while such consent subsists; and

(b) the officers and crew of a public conveyance of a foreign state, while such conveyance is in the
port of entry.

(Section 31(1)(b) substituted by section 32(a) of Act 19 of 2004)

(2) Upon application, the Minister may under terms and conditions determined by him or her-

(a) allow a distinguished visitor and certain members of his or her immediate family and members
in his or her employ or of his or her household to be admitted to and sojourn in the Republic,
provided that such foreigners do not intend to reside in the Republic permanently;

(b) grant a foreigner or a category of foreigners the rights of permanent residence for a specified or
unspecified period when special circumstances exist which would justify such a decision:
Provided that the Minister may-

(i) exclude one or more identified foreigners from such categories; and

(ii) for good cause, withdraw such rights from a foreigner or a category of foreigners;

(c) for good cause, waive any prescribed requirement or form; and

(d) for good cause, withdraw an exemption granted by him or her in terms of this section.

(Section 31(2) substituted by section 32(b) of Act 19 of 2004)

(3) The provisions of sections 10 and 25 shall not apply to a foreigner-

(a) who prior to 1 February 1937 lawfully entered the Republic for the purpose of permanent
residence therein;

(b) who by virtue of the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001), enjoys
any immunities and privileges in the Republic; or

(c) to whom a written authority or permission to enter the Republic has been issued in terms of
section 1 or 3 of the Immigration Quota Act, 1930 (Act No. 8 of 1930), and who entered the
Republic within the period stated in that authority or visa or within that period as lawfully
extended.

(Section 31(3) added by section 32(c) of Act 19 of 2004)