| (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) amended by section 8(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (2) |
Any person who holds— |
| (a) |
a valid visa tor purposes of- |
| (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; |
| (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) amended by section 8(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (3) |
A port of entry visa referred to in subsection (1)— |
| (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; and |
| (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may for good cause be withdrawn and declared null and void by the Minister. |
[Section 10A(3) amended by section 8(c) and (d) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (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) amended by section 8(e) of Immigration Amendment Act, 2011 (Act No. 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 amended by section 8(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
Mandating Procedures of Provinces Act, 2008
