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

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 :
(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;
(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) amended by section 19 of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]


(1A) A port of entry visa issued to a foreigner before he or she became a prohibited person in terms of subsection (1)(b) must be withdrawn.

[Section 29(1A) inserted by section 48 of Act No. 7 of 2013]


(1B) Subsection (1)(b) does not prohibit the relevant authorities from bringing a person to the Republic for prosecution if a warrant for his or her arrest is outstanding in the Republic.

[Section 29(1B) inserted by section 48 of Act No. 7 of 2013]


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