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Immigration Act, 2002 (Act No. 13 of 2002)

Temporary Residence

10B. Transit visas


(1) Subject to subsection (4)(a), no person, other than a citizen or permanent resident, who is proceeding from a pace 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).


(2) The Minister may, on the terms and conditions that he or she may impose, authorize 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 by him or her under subsection (2), or any holder of any such transit visa who contravenes any terms and conditions 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.