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Refugees Act, 1998 (Act No. 130 of 1998)

Chapter 6 : Supplementary and General Provisions

37. Offences and penalties

 

Any person who—

(a) for the purpose of entering, or remaining in, the Republic or of facilitating or assisting the entry into or residence in the Republic of himself or herself or any other person, commits any fraudulent act or makes any false representation by conduct, statement or otherwise; or
(b) fails to comply with or contravenes the conditions subject to which any permit has been issued to him or her under this Act; or
(c) without just cause refuses or fails to comply with a requirement of this Act;
(d) contravenes or fails to comply with any provision of this Act, if such contravention or failure is not elsewhere declared an offence,
(e) intentionally assists a person to receive public services to which such person is not entitled; or
(f) provides false, inaccurate or unauthorized documentation, or any benefit to a person, or otherwise assists such person to disguise his or her identity or status, or accepts undue financial or other considerations, to perform any act or to exercise his or her discretion in terms of this Act; or

[Section 37(f) substituted by section 28(a) by Notice No. 1452, GG 41343, dated 18 December 2017]

(g) as a public servant, intentionally provides false, inaccurate or unauthorised documentation or benefit, or otherwise facilitates a person to disguise his or her identity or status, or accepts any undue financial or other consideration to perform any act, or to exercise his or her discretion in terms of this Act; or

[Section 37(g) inserted by section 28(b) by Notice No. 1452, GG 41343, dated 18 December 2017]

(h) wilfully, or through gross negligence, produces a false certification or document contemplated by this Act or any other Act administered by the Department; or

[Section 37(h) inserted by section 28(b) by Notice No. 1452, GG 41343, dated 18 December 2017]

(i) manufactures or provides, or causes the manufacturing or provision of a document purporting to be a document issued or administered by the Department, while not being a duly authorised officer of the Department,

[Section 37(i) inserted by section 28(b) by Notice No. 1452, GG 41343, dated 18 December 2017]

is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment.