Immigration Act, 13 of 2002 (as amended in 2004)

Publication date:

01/07/2004

Full Text:

IMMIGRATION ACT

Act 13 of 2002

As amended by Act 19 of 2004

Immigration Amendment Act No. 19 of 2004

(English Text signed by the President)

(Assented to 12 October 2004)

(Date of Commencement 01 July 2005)

ACT

To provide for the regulation of admission of persons to, their residence in, and their departure from the Republic; and for matters connected therewith.

PREAMBLE

In providing for the regulation of admission of foreigners to, their residence in, and their departure from the Republic and for matters connected therewith, the Immigration Act aims at setting in place a new system of immigration control which ensures that—

(a) temporary and permanent residence permits are issued as expeditiously as

possible and on the basis of simplified procedures and objective, predictable

and reasonable requirements and criteria, and without consuming excessive

administrative capacity;

(b) security considerations are fully satisfied and the State retains control over the

immigration of foreigners to the Republic;

(d) economic growth is promoted through the employment of needed foreign labour, foreign investment is facilitated, the entry of exceptionally skilled or qualified people is enabled, skilled human resources are increased, academic exchanges within the Southern African Development Community is facilitated and tourism is promoted;

(e) the role of the Republic in the continent and the region is recognised;

(f) the entry and departure of all persons at ports of entry are efficiently facilitated, administered and managed;

(g) immigration laws are efficiently and effectively enforced, deploying to this

end significant administrative capacity of the Department of Home Affairs,

thereby reducing the pull factors of illegal immigration;

(h) the South African economy may have access at all times to the full measure

of needed contributions by foreigners;

(i) the contribution of foreigners in the South African labour market does not

adversely impact on existing labour standards and the rights and

expectations of South African workers;

(j) a policy connection is maintained between foreigners working in South

Africa and the training of our citizens;

(k) push factors of illegal immigration may be addressed in cooperation with

other Departments and the foreign states concerned;

(l) immigration control is performed within the highest applicable standards of

human rights protection;

(m) xenophobia is prevented and countered;

(n) a human rights based culture of enforcement is promoted;

(o) the international obligations of the Republic are complied with; and

(p) civil society is educated on the rights of foreigners and refugees.

SECTIONS

1. Definitions

2. Objectives and functions of immigration control - repealed

3. Delegation of Powers

4. Immigration Advisory Board

5. Functions of Board

6. Inter-departmental co-operation - repealed

7 Regulations

8. Review and Appeal Procedures

ADMISSION AND DEPARTURE

9. Admission and departure

TEMPORARY RESIDENCE

10. Temporary residence permits

10A. Visas

10B. Transit Visas

11. Visitor’s permit

12. Diplomatic permit - repealed

13. Study permit

14. Treaty permit

15. Business permit

16. Crew permit

17. Medical treatment permit

18. Relative’s permit

19. Work permits

20. Retired person permit

21. Corporate permit

22. Exchange permit

23. Asylum transit permit

24. Cross-border and transit permits

PERMANENT RESIDENCE

25. Permanent residence

26. Direct residence

27. Residence on other grounds

28. Withdrawal of permanent residence permit

EXCLUSIONS AND EXEMPTIONS

29. Prohibited persons

30. Undesirable persons

31. Exemptions

ENFORCEMENT AND MONITORING

32. Illegal foreigners

33. Inspectorate

34. Deportation and detention of illegal foreigners

35. Duties with regard to conveyances

36. Monitoring entries in Republic and exits - repealed

IMMIGRATION COURTS

37. Immigration Courts - repealed

DUTIES AND OBLIGATIONS

38. Employment

39. Learning institutions

40. Keeping of registers of lodgers by certain persons

41. Identification

42. Aiding and abetting illegal foreigners

43. Obligation of foreigners

44. Organs of state

45. Other institutions

MISCELLANEOUS

46. Immigration practitioners

47. Internal monitoring and control - repealed

48. Foreigners erroneously allowed to enter Republic

OFFENCES

49. Offences

50. Administrative offences

TRANSITIONAL PROVISIONS

51. Transitional definitions

52. Functions of Department and Board

53. Existing permits

54. Repeal of laws

55. Short title and commencement

SCHEDULES

Schedule 1 :Offences referred to in section 28(a) and (b) of the Act

Schedule 2: Offences referred to in section 28(b) of the Act

Schedule 3: Laws repealed or amended

1. Definitions and interpretation

(1) In this Act, unless the context otherwise indicates—

‘ admission’ means entering the Republic at a port of entry in terms of section 9;

‘ Board’ means the Immigration Advisory Board established by section 4;

‘ border’ means the national borders of the Republic;

‘ citizen’ has the meaning assigned thereto in the South African Citizenship Act, 1995 (Act No. 88 of 1995);

‘conveyance’ means any ship, boat, aircraft or vehicle, or any other means of transport;

‘ corporate applicant’ means a juristic person established under the laws of the Republic or of a foreign country which conducts business, not-for- gain, agricultural or commercial activities within the Republic and which applies for a corporate permit referred to in section 21;

‘court ’ means a magistrate’s court;

‘ customary union’ means a customary union recognised in terms of the Recognition of Customary Marriages Act, 1998 (Act No 120 of 1998);

‘ Department’ means the Department of Home Affairs;

‘ depart or departure’ means exiting the Republic from a port of entry in compliance with this Act;

‘ deport or deportation’ means the action or procedure aimed at causing an illegal foreigner to leave the Republic in terms of this Act;

‘ Director-General’ means the Director-General of the Department;

‘ employer’ includes a person contractually bound by the applicable employment contract as an employer or, in the case of a juristic person, its chief executive officer or the person to whom such officer has delegated the final responsibility in respect of personnel matters;

‘ foreign country’ means a country other than the Republic;

‘ foreign state’ means the juristic entity governing a foreign country;

‘ foreigner’ means an individual who is not a citizen;

‘ illegal foreigner’ means a foreigner who is in the Republic in contravention of this Act;

‘ immediate family’ means persons within the second step of kinship, where marriage or a spousal relationship is counted as one of such steps, but any common antecedent is not so counted;

‘ immigration officer’ means an officer appointed in terms of section 33;

‘ marriage’ means –

a marriage concluded in terms of the Marriage Act, 1961 (Act No. 25 of 1961); or

a legal marriage under the laws of a foreign country;

‘ Minister’ means the Minister of Home Affairs;

‘ organ of state’ means an organ of state as defined in section 239 of the Constitution;

‘ owner’ means the owner of record and includes the charterer of a conveyance and any agent within the Republic of the owner or the charterer;

‘passport’ means any passport or travel document containing the prescribed information and characteristics issued—

(a) under the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994);

(b) on behalf of a foreign state recognized by the Government of the Republic to a person who is not a citizen;

(c) on behalf of any international organisation as prescribed, including regional or sub-regional organisations, to a person who is not a citizen, or any other document approved by the Minister and issued under special circumstances to a person who cannot obtain a document contemplated in paragraphs (a) to (c);

‘permanent residence permit’ means a permit contemplated in section 25, 26 or 27;

‘port of entry’ means a place designated as such by the Minister where all persons have

to report before they may enter, sojourn or remain within, or depart from the Republic;

‘premises’ means any building, structure or tent, together with the land on which it is situated and the adjoining land used in connection with it, and includes any land without any building, structure or tent and any conveyance;

‘prescribed’ means prescribed by regulation;

‘prohibited person’ means any person contemplated in section 29;

‘Republic’ means the Republic of South Africa;

‘spouse’ means a person who is a party to¾

marriage, or a customary union; or

a permanent homosexual or heterosexual relationship as prescribed;

‘status’ means the status of the person as determined by the relevant permanent or temporary residence permit granted to a person in terms of this Act;

‘temporary residence permit ’ means a temporary residence permit contemplated

in section 10;

‘this Act’ means this Act, including its schedules, and includes the regulations made pursuant thereto;

‘transit visa’ means a transit visa contemplated in section 10B;

‘undesirable person’ ‘means a person contemplated in section 30;

‘visa’ means the authority contemplated in section 10A to proceed to a port of entry;

‘ work’ includes¾

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

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.

OBJECTIVES AND STRUCTURES OF IMMIGRATION CONTROL

2. Objectives and functions of immigration control

Section 2 of the principal Act is repealed

3. Delegation of Powers

Delegation of Powers

3. (1) The Minister may, subject to the 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 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.

Immigration Advisory Board

(1) The Immigration Advisory Board is hereby established.

(2) (a) The Board shall consist of—

(i) (aa) the Director-General; and

the Head of the National Immigration Branch of the Department;

(ii) a representative of the following Departments, at least equivalent to the rank of Deputy Director-General:

Department of Defence;

Department of Education;

Department of Environmental Affairs and Tourism;

Department of Trade and Industry;

Department of Foreign Affairs

Department of Justice and Constitutional Development;

Department of Labour;

Department of Safety and Security; and

National Treasury;

(iii) a representative, at least the equivalent to the rank of Deputy Director-General, of the-

National Intelligence Coordinating Committee; and

South African Revenue Service;

(iv) a person representing organised business;

a person representing organised labour; and up to five individual persons appointed by the Minister 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.

(3) (Subsection 4(3) of the principal Act is deleted.)

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

(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;

(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.

(6) (Subsection 4(6) of the principal Act is deleted.)

(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) (Subsection 4(8) of the principal Act is deleted.)

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

5. Functions of Board

The Board shall advise the Minister in respect of the contents of regulations that may be made in terms of this Act;

the formulation of policy pertaining to immigration matters; and any other matter relating to this Act on which the Minister may request advice; and serve as the interdepartmental cooperation forum for all immigration matters.

6. Inter-departmental co-operation

Section 6 of the principal Act is repealed.

7. Regulations

(1) The Minister may, after consultation with the Board, make regulations relating to¾

the powers and duties of immigration officers;

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;

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

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;

the permits and the certificates which may be issued under this Act, the requirements for the issuing of permits and certificates and the conditions to which such permits or certificates may be subjected, and the circumstances under which such permits or certificates may be cancelled or withdrawn;

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

the forms of warrants, permits, 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;

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

the fees that may be charged in respect of the application for and issuing of visas, permits and certificates and other services rendered in terms of this Act;

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;

the requirements and conditions which should be complied with by any person who, on behalf of any other person, applies for a permit referred to in sections 11 to 22 and 25 to 27, and the registration of an immigration practitioner contemplated in section 46;

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

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

the circumstances whereunder and the manner in which a penalty shall be incurred by and recovered from the owner, agent, charterer or person in control of a conveyance and who conveyed a foreigner contemplated in section 35(7) to the Republic;

any matter that may be prescribed under this Act; and

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, permits, certificates, documents, declarations or registers prescribed under subsection (1)(g) may differ in respect of different categories of persons.

(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 may¾

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

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.

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 an

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

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 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

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.

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 in possession of a valid passport;

(b) unless, if he or she is a person under the age of 16 years who does not hold

a passport, he or she is accompanied by his or her parent who holds a

passport in which his or her name was entered in terms of the provisions of the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994), or on behalf of any government or international organisation recognized by the

Government of the Republic;

(i) in possession of a certificate issued by the Director-General granting permission upon application to enter or depart from the Republic at a place other than a port of entry within a certain period not exceeding six months at a time, provided that for good cause the Director-General may withdraw such permission; or

(ii) exempted as an individual or falling within a category of persons exempted by the Minister, on the recommendation of the Director-General, which exemption may be withdrawn by the Minister;

(d) unless the entry or departure is recorded by an immigration officer; and

(e) unless examined by an immigration officer as prescribed.

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

(a) his or her passport is valid for not less than 30 days after the expiry of the intended stay; and

(b) issued with a valid temporary residence permit, as set out in this Act.

TEMPORARY RESIDENCE

10. Temporary residence permits

(1) Upon admission, a foreigner, who is not the holder of a permanent residence permit, may enter and sojourn in the Republic only if in possession of a temporary residence permit issued by the Director-General.

(2) Subject to this Act, upon application in the prescribed manner and on the prescribed form, one of the temporary residence permits contemplated in sections 11 to 23 may be issued to a foreigner.

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

(4) A temporary residence permit 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 temporary residence permit.

(6) Subject to this Act, a foreigner may apply to the Director-General in the prescribed manner and on the prescribed form to change his or her status or the conditions attached to his or her temporary residence permit, or both such status and conditions, as the case may be, while in the Republic.

(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 permit 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 temporary residence permit issued in terms of this section that, subject to subsection (10), the permit 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 permit shall become null and void.

(10) The holder of a temporary residence permit 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.

10A. Visas

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

(2) Any person who holds a valid permit issued in terms of sections 13 to 22 and 25 to 27 shall, upon his or her entry into the Republic and after having been issued with that permit, be deemed to be in possession of a valid visa for the purposes of this section.

(3) A visa referred to in subsection (1)¾

may, subject to any condition 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 visa, and who has applied for such a visa in the prescribed manner and on the prescribed form;

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

may for good cause be withdrawn and declared null and void by the Minister.

(4) The Minister may¾

exempt any person or category of persons from subsection (1) with regard to

the requirement of having to be in possession of a valid visa in order to obtain a visitor’s permit contemplated in section 11, for a specified or unspecified period and either unconditionally or subject to the conditions that the Minister may impose;

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

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-

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;

remove that person or cause him or her to be removed from the Republic

under a warrant issued by the Minister; and

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.

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, including making use of the transit areas of South African ports of entry, 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).

(2) The Minister may, on the 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 traveling 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-

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

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 may¾

exempt any person or category of persons from this section;

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

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.

11. Visitor’s Permit

(1) A visitor’s permit may be issued for any purpose other that those provided for in sections 13 to 24, and subject to subsection (2), by the Director-General in respect of a foreigner who—

(a) complied with section 10A; and

(b) provides the financial or other guarantees prescribed in respect of his or her departure: Provided that such permit—

(i) 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

(ii) 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—

(aa) an academic sabbatical;

(bb) voluntary or charitable activities;

(cc) research; or

(dd) any other prescribed activity.

(2) The holder of a visitor’s permit may not conduct work, unless authorised by the Director-General in the prescribed manner and subject to the prescribed requirements and conditions.

(3) (Section 11 (3) of the principal Act is deleted.)

(4) (Section 11 (4) of the principal Act is deleted.)

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

(6) Notwithstanding the provisions of this section, a visitor’s permit 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 permits contemplated in sections 13 to 22:

Provided that-

such permit shall only be valid while the good faith spousal relationship exists;

on application, the holder of such permit may be authorised to perform any of the activities provided for in the permits contemplated in sections 13 to 22; and

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

12. Diplomatic permit

Section 12 of the principal Act is repealed.

13. Study permit

(1) A study permit may be issued to a foreigner intending to study in the Republic for longer than three months by—

the Director-General as prescribed; or

(b) the Director-General through the registrars office or a designated official of an

institution of learning where the foreigner intends to study, provided that

such institution—

(i) has been approved by and is in good standing with the Director-General;

(ii) certifies that it has received guarantees to its satisfaction that such

foreigner’s tuition fees will be paid;

(iii) has received the prescribed guarantees that such foreigner will have

sufficient means to support himself or herself while in the Republic;

(iv) in the case of a minor, provides the name of a person present in South

Africa who is, or has accepted to act, as such minor’s guardian while in

the Republic;

(v) undertakes to provide a prescribed periodic certification that such

foreigner is satisfactorily performing his or her curriculum of study; and

(vi) undertakes to notify the Director-General when such foreigner has completed his or her studies, or is no longer performing them satisfactorily.

(2) The Director-General shall, when so requested by and after consultation with the Department of Education, determine an ad hoc fee for the issuance of study permits in respect of institutions which are publicly funded or subsidised.

(3) A study permit does not entitle the holder to conduct work, provided that—

(a) a study permit holder may undertake part-time work for a period not

exceeding the prescribed period, if the permit holder is attending a higher

education institution;

(b) the work referred to in paragraph (a) may include temporary or full-time

work during the academic vacation periods.

permit to conduct work as practical training in a field related to that of his

or her studies.

14. Treaty permit

(1) A treaty permit may be issued to a foreigner conducting activities in the Republic in terms of an international agreement to which the Republic is a party.

(2) A treaty permit may be issued by—

(a) the Director-General, as prescribed; or

(b) the Department of Foreign Affairs or another organ of state responsible for the implementation of the treaty concerned under a delegation from the Director-General , provided that—

(i) information relating to the failure of such foreigner to comply with the

terms and conditions of the permit and to depart when required is conveyed to the Director-General;

(ii) the organ of state concerned satisfies the Director-General that, under the circumstances, it has the capacity to perform this function; and

(iii) the permit is issued in accordance with the prescribed requirements, procedures and forms.

15. Business permit

(1) A business permit may be issued by the Director-General to a foreigner intending to establish or invest in, or who has established or invested in a business in the Republic in which he or she may be employed, and an appropriate permit for the duration of the business permit to the members of such foreigner’s immediate family:

Provided that—

(a) such foreigner invests the prescribed financial or capital contribution in

such business;

(b) the contribution referred to in paragraph (a) forms part of the intended book

value of such business; and

requirement set out in any law administered by the South African Revenue

Service.

(2) The holder of a business permit may not conduct work other than work related to the business in respect of which the permit has been issued.

(3) The Director-General may reduce or waive the capitalisation requirements referred to in subsection (1)(a) for businesses which are prescribed to be in the national interest or when so requested by the Department of Trade and Industry.

(4) The holder of a business permit shall submit proof to the satisfaction of the Director-General that he or she has fulfilled the requirements contemplated in subsection (1) (a) within 24 months of the issuance of the permit, and within every two years thereafter.

(5) A business permit may be issued to a foreigner for more than one entry if multiple entries into the Republic by that foreigner over a period of time are necessary for that foreigner to conduct the business in question effectively.

16. Crew permit

(1) The Director-General may, as prescribed, issue a crew permit to a foreigner who is a member of the crew of a conveyance.

(2) A crew permit may be issued on condition that the holder agrees to refrain from moving beyond a predetermined area.

(3) The holder of a crew permit may not conduct work.

17. Medical treatment permit

(1) A medical treatment permit may be issued to a foreigner intending to receive medical treatment in the Republic for longer than three months by—

(a) the Director-General, as prescribed, or

(b) the Director-General through the registrars office or a designated official of an

institution where the foreigner intends to receive treatment, provided that

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Immigration Act, 13 of 2002 (as amended in 2004)